IC 

115TH CONGRESS 

2D SESSION S. 215 

IN THE HOUSE OF REPRESENTATIVES 

JULY 3, 2018 

Referred to the Committee on Energy and Commerce 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. STAY AND REINSTATEMENT OF FERC LICENSE 

2 NO. 11393 FOR THE MAHONEY LAKE HYDRO3 ELECTRIC PROJECT. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COMMISSION.—The term ‘‘Commission’’ 

6 means the Federal Energy Regulatory Commission. 

7 (2) LICENSE.—The term ‘‘license’’ means the 

8 license for the Commission project numbered 11393. 

9 (3) LICENSEE.—The term ‘‘licensee’’ means the 

10 holder of the license. 

11 (b) STAY OF LICENSE.—On the request of the li12 censee, the Commission shall issue an order continuing the 

13 stay of the license. 

14 (c) LIFTING OF STAY.—On the request of the li15 censee, but not later than 10 years after the date of enact16 ment of this Act, the Commission shall— 

17 (1) issue an order lifting the stay of the license 

18 under subsection (b); and 

19 (2) make the effective date of the license the 

20 date on which the stay is lifted under paragraph (1). 

21 (d) EXTENSION OF LICENSE.— 

22 (1) IN GENERAL.—Notwithstanding the time 

23 period specified in section 13 of the Federal Power 

24 Act (16 U.S.C. 806) that would otherwise apply to 

25 the Commission project numbered 11393, the Com26 mission may, at the request of the licensee, and 


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1 after reasonable notice, in accordance with the good 

2 faith, due diligence, and public interest requirements 

3 of, and the procedures of the Commission under, 

4 that section, extend the time period during which 

5 the licensee is required to commence the construc6 tion of the project for not more than 3 consecutive 

7 2-year periods from the date of the expiration of the 

8 extension originally issued by the Commission. 

9 (2) REINSTATEMENT OF EXPIRED LICENSE.— 

10 (A) IN GENERAL.—If the period required 

11 for the commencement of construction of the 

12 project described in paragraph (1) has expired 

13 prior to the date of enactment of this Act, the 

14 Commission may reinstate the license effective 

15 as of the date of the expiration of the license. 

16 (B) EXTENSION.—If the Commission rein17 states the license under subparagraph (A), the 

18 first extension authorized under paragraph (1) 

19 shall take effect on the date of that expiration. 

20 (e) EFFECT.—Nothing in this Act prioritizes, or cre21 ates any advantage or disadvantage to, Commission 

22 project numbered 11393 under Federal law, including the 

23 Federal Power Act (16 U.S.C. 791a et seq.) or the Public 

24 Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 

25 et seq.), as compared to— 


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1 (1) any electric generating facility in existence 

2 on the date of enactment of this Act; or 

3 (2) any electric generating facility that may be 

4 examined, proposed, or developed during the period 

5 of any stay or extension of the license under this 

6 Act. 

Passed the Senate June 28, 2018. 

Attest: JULIE E. ADAMS, 

Secretary. 


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