(a) An existing licensee whose license is subject to sections 14 and 15 of the Federal Power Act may apply for an exemption for the project.
(b) An applicant for an exemption under paragraph (a) must meet the requirements of subpart K or subpart J of part 4 of this chapter, and Sec. Sec. 16.5, 16.6, 16.7, 16.8, 16.9(b) (1), (2) (except the requirement to comply with Sec. Sec. 4.41, 4.51, or 4.61 of this chapter), 16.9(c), 16.10(a), 16.10(b), and 16.10(d).
(c) The Commission will process an application by an existing licensee for an exemption for the project in accordance with Sec. Sec. 16.9(b)(3), 16.9(b)(4), and 16.9(d).
(d) If a license application is filed in competition with an application for exemption filed by the existing licensee, the Commission will decide among the competing applications in accordance with the standards of Sec. 16.13 and not in accordance with the provisions of Sec. 4.37(d)(2) of this chapter. [Order 513, 54 FR 23806, June 2, 1989, as amended by Order 699, 72 FR 45324, Aug. 14, 2007]