18 C.F.R. § 803.32 Reopening/modification.
Title 18 - Conservation of Power and Water Resources
Once approved, the commission, upon its own motion, or upon application of the project sponsor or any interested party, may at any time reopen any project docket and make additional orders that may be necessary to mitigate or avoid adverse impacts or to otherwise protect the public health, safety, and welfare or natural resources. Whenever an application for reopening is filed by an interested party, the burden shall be upon that interested party to show, by a preponderance of the evidence, that a substantial adverse impact or a threat to the public health, safety or welfare exists that warrants reopening of the docket. Before such application may be submitted to the commission for action, the executive director shall first determine that an interested party has made out a prima faci case favoring the reopening of the docket. The executive director shall inform the commission of any negative finding in this regard so that the commission is afforded the opportunity to over-rule his/her decision.
Title 18: Conservation of Power and Water Resources
PART 803—REVIEW AND APPROVAL OF PROJECTS
Subpart C—Terms and Conditions of Approval
§ 803.32 Reopening/modification.
