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U.S. Code as of:
01/19/04
Section 808. New licenses and renewals
(a) Relicensing procedures; terms and conditions; issuance to
applicant with proposal best adapted to serve public interest;
factors considered
(1) If the United States does not, at the expiration of the
existing license, exercise its right to take over, maintain, and
operate any project or projects of the licensee, as provided in
section 807 of this title, the commission is authorized to issue a
new license to the existing licensee upon such terms and conditions
as may be authorized or required under the then existing laws and
regulations, or to issue a new license under said terms and
conditions to a new licensee, which license may cover any project
or projects covered by the existing license, and shall be issued on
the condition that the new licensee shall, before taking possession
of such project or projects, pay such amount, and assume such
contracts as the United States is required to do in the manner
specified in section 807 of this title: Provided, That in the event
the United States does not exercise the right to take over or does
not issue a license to a new licensee, or issue a new license to
the existing licensee, upon reasonable terms, then the commission
shall issue from year to year an annual license to the then
licensee under the terms and conditions of the existing license
until the property is taken over or a new license is issued as
aforesaid.
(2) Any new license issued under this section shall be issued to
the applicant having the final proposal which the Commission
determines is best adapted to serve the public interest, except
that in making this determination the Commission shall ensure that
insignificant differences with regard to subparagraphs (A) through
(G) of this paragraph between competing applications are not
determinative and shall not result in the transfer of a project. In
making a determination under this section (whether or not more than
one application is submitted for the project), the Commission
shall, in addition to the requirements of section 803 of this
title, consider (and explain such consideration in writing) each of
the following:
(A) The plans and abilities of the applicant to comply with (i)
the articles, terms, and conditions of any license issued to it
and (ii) other applicable provisions of this subchapter.
(B) The plans of the applicant to manage, operate, and maintain
the project safely.
(C) The plans and abilities of the applicant to operate and
maintain the project in a manner most likely to provide efficient
and reliable electric service.
(D) The need of the applicant over the short and long term for
the electricity generated by the project or projects to serve its
customers, including, among other relevant considerations, the
reasonable costs and reasonable availability of alternative
sources of power, taking into consideration conservation and
other relevant factors and taking into consideration the effect
on the provider (including its customers) of the alternative
source of power, the effect on the applicant's operating and load
characteristics, the effect on communities served or to be served
by the project, and in the case of an applicant using power for
the applicant's own industrial facility and related operations,
the effect on the operation and efficiency of such facility or
related operations, its workers, and the related community. In
the case of an applicant that is an Indian tribe applying for a
license for a project located on the tribal reservation, a
statement of the need of such tribe for electricity generated by
the project to foster the purposes of the reservation may be
included.
(E) The existing and planned transmission services of the
applicant, taking into consideration system reliability, costs,
and other applicable economic and technical factors.
(F) Whether the plans of the applicant will be achieved, to the
greatest extent possible, in a cost effective manner.
(G) Such other factors as the Commission may deem relevant,
except that the terms and conditions in the license for the
protection, mitigation, or enhancement of fish and wildlife
resources affected by the development, operation, and management
of the project shall be determined in accordance with section 803
of this title, and the plans of an applicant concerning fish and
wildlife shall not be subject to a comparative evaluation under
this subsection.
(3) In the case of an application by the existing licensee, the
Commission shall also take into consideration each of the
following:
(A) The existing licensee's record of compliance with the terms
and conditions of the existing license.
(B) The actions taken by the existing licensee related to the
project which affect the public.
(b) Notification of intention regarding renewal; public
availability of documents; notice to public and Federal agencies;
identification of Federal or Indian lands included; additional
information required
(1) Each existing licensee shall notify the Commission whether
the licensee intends to file an application for a new license or
not. Such notice shall be submitted at least 5 years before the
expiration of the existing license.
(2) At the time notice is provided under paragraph (1), the
existing licensee shall make each of the following reasonably
available to the public for inspection at the offices of such
licensee: current maps, drawings, data, and such other information
as the Commission shall, by rule, require regarding the
construction and operation of the licensed project. Such
information shall include, to the greatest extent practicable
pertinent energy conservation, recreation, fish and wildlife, and
other environmental information. Copies of the information shall be
made available at reasonable costs of reproduction. Within 180 days
after October 16, 1986, the Commission shall promulgate regulations
regarding the information to be provided under this paragraph.
(3) Promptly following receipt of notice under paragraph (1), the
Commission shall provide public notice of whether an existing
licensee intends to file or not to file an application for a new
license. The Commission shall also promptly notify the National
Marine Fisheries Service and the United States Fish and Wildlife
Service, and the appropriate State fish and wildlife agencies.
(4) The Commission shall require the applicant to identify any
Federal or Indian lands included in the project boundary, together
with a statement of the annual fees paid as required by this
subchapter for such lands, and to provide such additional
information as the Commission deems appropriate to carry out the
Commission's responsibilities under this section.
(c) Time of filing application; consultation and participation in
studies with fish and wildlife agencies; notice to applicants;
adjustment of time periods
(1) Each application for a new license pursuant to this section
shall be filed with the Commission at least 24 months before the
expiration of the term of the existing license. Each applicant
shall consult with the fish and wildlife agencies referred to in
subsection (b) of this section and, as appropriate, conduct studies
with such agencies. Within 60 days after the statutory deadline for
the submission of applications, the Commission shall issue a notice
establishing expeditious procedures for relicensing and a deadline
for submission of final amendments, if any, to the application.
(2) The time periods specified in this subsection and in
subsection (b) of this section shall be adjusted, in a manner that
achieves the objectives of this section, by the Commission by rule
or order with respect to existing licensees who, by reason of the
expiration dates of their licenses, are unable to comply with a
specified time period.
(d) Adequacy of transmission facilities; provision of services to
successor by existing licensee; tariff; final order;
modification, extension or termination of order
(1) In evaluating applications for new licenses pursuant to this
section, the Commission shall not consider whether an applicant has
adequate transmission facilities with regard to the project.
(2) When the Commission issues a new license (pursuant to this
section) to an applicant which is not the existing licensee of the
project and finds that it is not feasible for the new licensee to
utilize the energy from such project without provision by the
existing licensee of reasonable services, including transmission
services, the Commission shall give notice to the existing licensee
and the new licensee to immediately enter into negotiations for
such services and the costs demonstrated by the existing licensee
as being related to the provision of such services. It is the
intent of the Congress that such negotiations be carried out in
good faith and that a timely agreement be reached between the
parties in order to facilitate the transfer of the license by the
date established when the Commission issued the new license. If
such parties do not notify the Commission that within the time
established by the Commission in such notice (and if appropriate,
in the judgment of the Commission, one 45-day extension thereof), a
mutually satisfactory arrangement for such services that is
consistent with the provisions of this chapter has been executed,
the Commission shall order the existing licensee to file (pursuant
to section 824d of this title) with the Commission a tariff,
subject to refund, ensuring such services beginning on the date of
transfer of the project and including just and reasonable rates and
reasonable terms and conditions. After notice and opportunity for a
hearing, the Commission shall issue a final order adopting or
modifying such tariff for such services at just and reasonable
rates in accordance with section 824d of this title and in
accordance with reasonable terms and conditions. The Commission, in
issuing such order, shall ensure the services necessary for the
full and efficient utilization and benefits for the license term of
the electric energy from the project by the new licensee in
accordance with the license and this subchapter, except that in
issuing such order the Commission -
(A) shall not compel the existing licensee to enlarge
generating facilities, transmit electric energy other than to the
distribution system (providing service to customers) of the new
licensee identified as of the date one day preceding the date of
license award, or require the acquisition of new facilities,
including the upgrading of existing facilities other than any
reasonable enhancement or improvement of existing facilities
controlled by the existing licensee (including any acquisition
related to such enhancement or improvement) necessary to carry
out the purposes of this paragraph;
(B) shall not adversely affect the continuity and reliability
of service to the customers of the existing licensee;
(C) shall not adversely affect the operational integrity of the
transmission and electric systems of the existing licensee;
(D) shall not cause any reasonably quantifiable increase in the
jurisdictional rates of the existing licensee; and
(E) shall not order any entity other than the existing licensee
to provide transmission or other services.
Such order shall be for such period as the Commission deems
appropriate, not to exceed the term of the license. At any time,
the Commission, upon its own motion or upon a petition by the
existing or new licensee and after notice and opportunity for a
hearing, may modify, extend, or terminate such order.
(e) License term on relicensing
Except for an annual license, any license issued by the
Commission under this section shall be for a term which the
Commission determines to be in the public interest but not less
than 30 years, nor more than 50 years, from the date on which the
license is issued.
(f) Nonpower use licenses; recordkeeping
In issuing any licenses under this section except an annual
license, the Commission, on its own motion or upon application of
any licensee, person, State, municipality, or State commission,
after notice to each State commission and licensee affected, and
after opportunity for hearing, whenever it finds that in conformity
with a comprehensive plan for improving or developing a waterway or
waterways for beneficial public uses all or part of any licensed
project should no longer be used or adapted for use for power
purposes, may license all or part of the project works for nonpower
use. A license for nonpower use shall be issued to a new licensee
only on the condition that the new licensee shall, before taking
possession of the facilities encompassed thereunder, pay such
amount and assume such contracts as the United States is required
to do, in the manner specified in section 807 of this title. Any
license for nonpower use shall be a temporary license. Whenever, in
the judgment of the Commission, a State, municipality, interstate
agency, or another Federal agency is authorized and willing to
assume regulatory supervision of the lands and facilities included
under the nonpower license and does so, the Commission shall
thereupon terminate the license. Consistent with the provisions of
subchapter IV of this chapter, every licensee for nonpower use
shall keep such accounts and file such annual and other periodic or
special reports concerning the removal, alteration, nonpower use,
or other disposition of any project works or parts thereof covered
by the nonpower use license as the Commission may by rules and
regulations or order prescribe as necessary or appropriate.
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