II 111th CONGRESS 1st Session S. 959 IN THE SENATE OF THE UNITED STATES May 1, 2009 Mr. Rockefeller introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the extension of a certain hydroelectric project located in the State of West Virginia.

1.

Extension of deadline to commence construction

(a)

In general

Notwithstanding the period specified in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to Federal Energy Regulatory Commission project number 9042, the Federal Energy Regulatory Commission (referred to in this Act as the Commission) shall, on the request of the licensee of that project, and in accordance with the good faith, due diligence, and public interest requirements of, the procedures of the Commission under, and other procedures specified in, that section, extend the deadline by which the licensee is required to commence construction of the project to the date that is 2 years after the date of enactment of this Act. (b)

Applicability

Subsection (a) shall take effect with respect to the project described in that subsection on expiration of the extension, issued by the Commission under section 13 of the Federal Power Act (16 U.S.C. 806), of the period for the commencement of construction of the project. (c)

Reinstatement of expired license

If a license for the project described in subsection (a) expires before the date of enactment of this Act, the Commission shall— (1)reinstate the license, effective as of that date of expiration; and (2)extend the deadline by which the licensee of the project is required to commence construction of the project to the date that is 2 years after the date of enactment of this Act.

2.

Extension of license period

Notwithstanding the period of a license specified in section 6 of the Federal Power Act (16 U.S.C. 799) that would otherwise apply to the project described in section 1(a), the Commission shall, on the request of the licensee of that project, and in accordance with such terms and conditions of that Act (16 U.S.C. 791a et seq.) and the Commission as are applicable to the project and the license, extend the period of the license to 70 years, as calculated beginning on the date identified in the original order of the Commission issuing the license for the project.