[Congressional Record Volume 164, Number 109 (Thursday, June 28, 2018)]
[Senate]
[Page S4809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AUTHORIZING THE FEDERAL ENERGY REGULATORY COMMISSION TO ISSUE AN ORDER 
              CONTINUING A STAY OF A HYDROELECTRIC LICENSE

  The bill (S. 215) to authorize the Federal Energy Regulatory 
Commission to issue an order continuing a stay of a hydroelectric 
license for the Mahoney Lake hydroelectric project in the State of 
Alaska, and for other purposes, was considered, was ordered to be 
engrossed for a third reading, was read the third time, and passed, as 
follows:

                                 S. 215

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 
                   FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) License.--The term ``license'' means the license for 
     the Commission project numbered 11393.
       (3) Licensee.--The term ``licensee'' means the holder of 
     the license.
       (b) Stay of License.--On the request of the licensee, the 
     Commission shall issue an order continuing the stay of the 
     license.
       (c) Lifting of Stay.--On the request of the licensee, but 
     not later than 10 years after the date of enactment of this 
     Act, the Commission shall--
       (1) issue an order lifting the stay of the license under 
     subsection (b); and
       (2) make the effective date of the license the date on 
     which the stay is lifted under paragraph (1).
       (d) Extension of License.--
       (1) In general.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Commission project numbered 
     11393, the Commission may, at the request of the licensee, 
     and after reasonable notice, in accordance with the good 
     faith, due diligence, and public interest requirements of, 
     and the procedures of the Commission under, that section, 
     extend the time period during which the licensee is required 
     to commence the construction of the project for not more than 
     3 consecutive 2-year periods from the date of the expiration 
     of the extension originally issued by the Commission.
       (2) Reinstatement of expired license.--
       (A) In general.--If the period required for the 
     commencement of construction of the project described in 
     paragraph (1) has expired prior to the date of enactment of 
     this Act, the Commission may reinstate the license effective 
     as of the date of the expiration of the license.
       (B) Extension.--If the Commission reinstates the license 
     under subparagraph (A), the first extension authorized under 
     paragraph (1) shall take effect on the date of that 
     expiration.
       (e) Effect.--Nothing in this Act prioritizes, or creates 
     any advantage or disadvantage to, Commission project numbered 
     11393 under Federal law, including the Federal Power Act (16 
     U.S.C. 791a et seq.) or the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared 
     to--
       (1) any electric generating facility in existence on the 
     date of enactment of this Act; or
       (2) any electric generating facility that may be examined, 
     proposed, or developed during the period of any stay or 
     extension of the license under this Act.

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