Electric Consumer Protection Act of 1986
PL 99-495 (S.426), enacted 10/16/1986

PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1243 
Public Law 99-495 
99th Congress 
An Act 
Oct. 16, 1986 
[S. 426] 
Electric 
Consumers 
Protection Act of 
1986. 
16 u s e 791a 
note. 
To amend the Federal Power Act to provide for more protection to electric 
consumers. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Electric Consum-
ers Protection Act of 1986". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title and table of contents. 
Sec. 2. Amendments to section 7 of Federal Power Act. 
Sec. 3. Environmental consideration in licensing. 
Sec. 4. Relicensing procedures. 
Sec. 5. License term on relicensing. 
Sec. 6. Unauthorized activities. 
Sec. 7. Amendments to section 30 of Federal Power Act. 
Sec. 8. Amendments concerning certain small power production facilities subject to 
PURPA benefits. 
Sec. 9. Fees and charges for use of dams and structures. 
Sec. 10. Election and 
negotiations concerning contested projects subject 
to 
litigation. 
Sec. 11. Merwin Dam project. 
Sec. 12. Additional Commission enforcement authority. 
Sec. 13. Antitrust laws. 
Sec. 14. Landowner notification. 
Sec. 15. Applications for certain orders under Federal Power Act. 
Sec. 15A. Miscellaneous provisions. 
Sec. 16. Provision of information to Congress. 
Sec. 17. Savings provisions. 
Sec. 18. Effective date. 
SEC. 2. AMENDMENTS TO SECTION 7 OF FEDERAL POWER ACT. 
Section 7(a) of the Federal Power Act (16 U.S.C. 791(a) et seq.) is 
amended as follows: 
(1) Insert "original" after "hereunder or". 
(2) Strike out "and in issuing licenses to new licensees under 
section 15 hereof and substitute a comma. 
SEC. 3. ENVIRONMENTAL CONSIDERATION IN LICENSING. 
(a) PURPOSES OF LICENSE.—Section 4(e) of the Federal Power Act is 16 USC 797. 
amended by adding the following at the end thereof: "In deciding 
whether to issue any license under this Part for any project, the 
Commission, in addition to the power and development purposes for 
which licenses are issued, shall give equal consideration to the 
purposes of energy conservation, the protection, mitigation of 
damage to, and enhancement of, fish and wildlife (including related 
spawning grounds and habitat), the protection of recreational 
opportunities, and the preservation of other aspects of environ-
mental quality.". 
(b) AMENDMENTS TO SECTION 10(a).—Section 10(a) of such Act is 16 use 803. 
amended as follows: 
16 u s e 800. 
100 STAT. 1244 
PUBLIC LAW 99-495—OCT. 16, 1986 
16 use 797. 
Water. 
State and local 
governments. 
Indians. 
16 use 803. 
State and local 
governments. 
(1) After "waterpower development," insert "for the adequate 
protection, mitigation, and enhancement of fish and wildlife 
(including related spawning grounds and habitat),". 
(2) After "including", insert "irrigation, flood control, water 
supply, and". 
(3) Strike "purposes; and" and insert after "recreational" the 
following: "and other purposes referred to in section 4(e)". 
(4) insert "(1)" after "(a)" and insert the following new para-
graphs at the end thereof: 
"(2) In order to ensure that the project adopted will be best 
adapted to the comprehensive plan described in paragraph (1), the 
Commission shall consider each of the following: 
"(A) The extent to which the project is consistent with a 
comprehensive plan (where one exists) for improving, develop-
ing, or conserving a waterway or waterways affected by the 
project that is prepared by— 
"(i) an agency established pursuant to Federal law that 
has the authority to prepare such a plan; or 
"(ii) the State in which the facility is or will be located. 
"(B) The recommendations of Federal and State agencies 
exercising administration over flood control, navigation, irriga-
tion, recreation, cultural and other relevant resources of the 
State in which the project is located, and the recommendations 
(including fish and wildlife recommendations) of Indian tribes 
affected by the project. 
"(C) In the case of a State or municipal applicant, or an 
applicant which is primarily engaged in the generation or sale 
of electric power (other than electric power solely from 
cogeneration facilities or small power production facilities), the 
electricity consumption efficiency improvement program of the 
applicant, including its plans, performance and capabilities for 
encouraging or assisting its customers to conserve electricity 
cost-effectively, taking into account the published policies, 
restrictions, and requirements of relevant State regulatory 
authorities applicable to such applicant. 
"(3) Upon receipt of an application for a license, the Commission 
shall solicit recommendations from the agencies and Indian tribes 
identified in subparagraphs (A) and (B) of paragraph (2) for proposed 
terms and conditions for the Commission's consideration for inclu-
sion in the license.". 
(c) FISH AND WILDUFE PROTECTION, MITIGATION, AND ENHANCE-
MENT.—Section 10 of the Federal Power Act is amended by adding 
the following at the end: 
"(j)(l) That in order to adequately and equitably protect, mitigate 
damages to, and enhance, fish and wildlife (including related spawn-
ing grounds and habitat) affected by the development, operation, 
and management of the project, each license issued under this Part 
shall include conditions for such protection, mitigation, and 
enhancement. Subject to paragraph (2), such conditions shall be 
based on recommendations received pursuant to the Fish and Wild-
life Coordination Act (16 U.S.C. 661 et seq.) from the National 
Marine Fisheries Service, the United States Fish and Wildlife Serv-
ice, and State fish and wildlife agencies. 
"(2) Whenever the Commission believes that any recommendation 
referred to in paragraph (1) may be inconsistent with the purposes 
and requirements of this Part or other applicable law, the Commis-
sion and the agencies referred to in paragraph (1) shall attempt to 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1245 
resolve any such inconsistency, giving due weight to the rec-
ommendations, expertise, and statutory responsibilities of such 
agencies. If, after such attempt, the Commission does not adopt in 
whole or in part a recommendation of any such agency, the Commis-
sion shall publish each of the following findings (together with a 
statement of the basis for each of the findings): 
"(A) A finding that adoption of such recommendation is 
inconsistent with the purposes and requirements of this Part or 
with other applicable provisions of law. 
"(B) A finding that the conditions selected by the Commission 
comply with the requirements of paragraph (1). 
Subsection (i) shall not apply to the conditions required under this 
subsection.". 
SEC. 4. RELICENSING PROCEDURES. 
(a) RELICENSING PROCESS.—Section 15 of the Federal Power Act is 16 use 808. 
amended by inserting "(1)" after "(a)", by redesignating subsection 
(b) as subsection (f), and by adding the following at the end of 
subsection (a): 
"(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 deter-
minative 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 10 of this Part, consider (and Ante, pp. 1243, 
explain such consideration in writing) each of the following: 
^244. 
"(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 Part. 
"(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 effi-
cient 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 Indians, 
the case of an applicant that is an Indian tribe applying for a 
license for a project located on the tribal reservation, a state-
ment of the need of such tribe for electricity generated by the 
project to foster the purposes of the reservation may be 
included. 
100 STAT. 1246 
PUBLIC LAW 99-495—OCT. 16, 1986 
Ante, p. 1244. 
Public 
information. 
Regulations. 
Indians. 
"(E) The existing and planned transmission services of the 
appUcant, 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 rel-
evant, 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 manage-
ment of the project shall be determined in accordance with 
section 10, 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)(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 shgill make each of the following reasonably avail-
able 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, recre-
ation, fish and wildlife, and other environmental information. 
Copies of the information shall be made available at reasonable 
costs of reproduction. Within 180 days after the enactment of the 
Electric Consumers Protection Act of 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 Part for 
such lands, and to provide such additional information as the 
Commission deems appropriate to carry out the Commission's 
responsibilities under this section. 
"(cXD 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) and, as appropriate, conduct studies with such agencies. Within 
6() days after the statutory deadline for the submission of applica-
tions, the Commission shall issue a notice establishing expeditious 
procedures for relicensing and a deadline for submission of final 
amendments, if any, to the application. 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1247 
"(2) The time periods specified in this subsection and in subsection 
(b) 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)(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 Act has been 
executed, the Commission shall order the existing licensee to file 
(pursuant to section 205 of this Act) with the Commission a tariff, 16 use 824d. 
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 205 of this Act 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 Part, except that in issuing such order the Commission— 
"(A) shall not compel the existing licensee to enlarge generat-
ing facilities, transmit electric energy other than to the distribu-
tion 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 pur-
poses 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 li-
censee to provide transmission or other services. 
100 STAT. 1248 
PUBLIC LAW 99-495—OCT. 16, 1986 
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.", 
(b) CONFORMING AMENDMENTS.—(1) Section 15(a) of the Federal 
16 use 808. 
Power Act is amended by striking out "original" each place it 
appears and substituting "existing". 
16 use 807. 
(2) Section 14(b) of such Act is amended by striking out the first 
sentence. 
16 use 825h 
(c) COMMISSION REVIEW.—In order to ensure that the provisions of 
note. 
Part I of the Federal Power Act, as amended by this Act, are fully, 
fairly, and efficiently implemented, that other governmental agen-
cies identified in such Part I are able to carry out their responsibil-
ities, and that the increased workload of the Federal Energy 
Regulatory Commission and other agencies is facilitated, the 
Commission shall, consistent with the provisions of section 309 of 
16 use 825h. 
the Federal Power Act, review all provisions of that Act requiring 
an action within a 30-day period and, as the Commission deems 
appropriate, amend its regulations to interpret such period as mean-
ing "working days", rather than "calendar days" unless calendar 
days is specified in such Act for such action. 
SEC. 5. LICENSE TERM ON RELICENSING. 
Section 15 of the Federal Power Act is amended by adding the 
following after subsection (d) (as added by section 4 of this Act): 
"(e) 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.". 
SEC. 6. UNAUTHORIZED ACTIVITIES. 
16 use 817. 
Section 23(b) of the Federal Power Act is amended by inserting 
"(1)" after "(b)" and by adding the following at the end thereof 
"(2) No person may commence any significant modification of any 
project licensed under, or exempted from, this Act unless such 
modification is authorized in accordance with terms and conditions 
of such license or exemption and the applicable requirements of this 
Part. As used in this paragraph, the term 'commence' refers to the 
beginning of physical on-site activity other than surveys or testing.". 
SEC. 7. AMENDMENTS TO SECTION 30 OF FEDERAL POWER ACT. 
Water. 
(a) STATE O
R LocAL CoNDUiTS.—Soction 30(b) of the Federal Power 
16 use 823a. 
Act is amended by inserting after "15 megawatts" the following: 
"(40 megawatts in the case of a facility constructed, operated, and 
maintained by an agency or instrumentality of a State or local 
government solely for water supply for municipal purposes)". 
(b) NMFS.—Section 30(c) of the Federal Power Act is amended by 
inserting "National Marine Fisheries Service" after "the Fish and 
Wildlife Service" in both places such term appears. 
(c) FEES FOR STUDIES.—Section 30 of the Federal Power Act is 
amended by adding the following new subsection at the end thereof: 
"(e) The Commission, in addition to the requirements of section 
Ante, pp. 1243, 
10(e), shall establish fees which shall be paid by an applicant for a 
1244. 
license or. exemption for a project that is required to meet terms and 
conditions set by fish and wildlife agencies under subsection (c). 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1249 
Such fees shall be adequate to reimburse the fish and wildlife 
agencies referred to in subsection (c) for any reasonable costs in-
curred in connection with any studies or other reviews carried out 
by such agencies for purposes of compliance with this section. The 
fees shall, subject to annual appropriations Acts, be transferred to 
such agencies by the Commission for use solely for purposes of 
carrying out such studies and shall remain available until 
expended.". 
SEC. 8. AMENDMENTS CONCERNING CERTAIN SMALL POWER PRODUC-
TION FACILITIES SUBJECT TO PURPA BENEFITS. 
(a) NEW DAMS AND DIVERSIONS SEEKING PURPA BENEFITS.—Sec-
tion 210 of the Public Utility Regulatory Policies Act of 1978 is 16 USC 824a-3. 
amended by inserting the following new subsections after subsection 
(i) and by redesignating subsection (j) as subsection (1): 
"(j) NEW DAMS AND DIVERSIONS.—Except for a hydroelectric 
project located at a Government dam (as defined in section 3(10) of 
the Federal Power Act) at which non-Federal hydroelectric develop- 16 USC 796. 
ment is permissible, this section shall not apply to any hydroelectric 
project which impounds or diverts the water of a natural water-
course by means of a new dam or diversion unless the project meets 
each of the following requirements: 
"(1) No SUBSTANTIAL ADVERSE EFFECTS.—At the time of isSU-
ance of the license or exemption for the project, the Commission 
finds that the project will not have substantial adverse effects 
on the environment, including recreation and water quality. 
Such finding shall be made by the Commission after taking into 
consideration terms and conditions imposed under either para-
graph (3) of this subsection or section 10 of the Federal Power 
Act (whichever is appropriate as required by that Act or the Ante, pp. 1243, 
Electric Consumers Protection Act of 1986) and compliance with i^"*^-
other environmental requirements applicable to the project. 
"(2) PROTECTED RIVERS.—At the time the application for a 
license or exemption for the project is accepted by the Commis-
sion (in accordance with the Commission's regulations and 
procedures in effect on January 1,1986, including those relating 
to environmental consultation), such project is not located on 
either of the following: 
"(A) Any segment of a natural watercourse which is 
included in (or designated for potential inclusion in) a State 
or national wild and scenic river system. 
"(B) Any segment of a natural watercourse which the 
State has determined, in accordance with applicable State 
law, to possess unique natural, recreational, cultural, or 
scenic attributes which would be adversely affected by 
hydroelectric development. 
"(3) FISH AND WILDUFE TERMS AND CONDITIONS.—The project 
meets the terms and conditions set by fish and wildlife agencies 
under the same procedures as provided for under section 30(c) of 
the Federal Power Act. 
Ante, p. 1248. 
"(k) DEFINITION OF NEW DAM OR DIVERSION.—For purposes of this 
section, the term 'new dam or diversion' means a dam or diversion 
which requires, for purposes of installing any hydroelectric power 
project, any construction, or enlargement of any impoundment or 
diversion structure (other than repairs or reconstruction or the 
addition of flashboards or similar adjustable devices)". 
100 STAT. 1250 
PUBLIC LAW 99-495—OCT. 16, 1986 
16 use 824a-3 
(b) EFFECTIVE DATE.—(1) Subsection (j) of section 210 of the Public 
"o^- 
Utility Regulatory Policies Act of 1978 (as amended by subsection (a) 
of this section) shall apply to any project for which benefits under 
section 210 of the Public Utility Regulatory Policies Act of 1978 are 
sought and for which a license or exemption is issued by the Federal 
Energy Regulatory Commission after the enactment of this Act, 
except as otherwise provided in paragraph (2), (3) or (4) of this 
subsection. 
(2) Subsection (j) shall not apply to the project if the application 
for license or exemption for the project was filed, and accepted for 
filing by the Commission, before the enactment of this Act. 
(3) Paragraphs (1) and (3) of such subsection (j) shall not apply if 
the application for the license or exemption for the project was filed 
before the enactment of this Act and accepted for filing by the 
Commission (in accordance with the Commission's regulations and 
procedures in effect on January 1, 1986, including those relating to 
the requirement for environmental consultation) within 3 years 
after such enactment. 
(4XA) Paragraph (3) of subsection (j) shall not apply for projects 
where the license or exemption application was filed after enact-
ment of this Act if, based on a petition filed by the applicant for such 
project within 18 months after such enactment, the Commission 
determines (after public notice and opportunity for public comment 
of at least 45 days) that the applicant has demonstrated that he had 
committed (prior to the enactment of this Act) substantial monetary 
resources directly related to the development of the project and to 
the diligent and timely completion of all requirements of the 
Commission for filing an acceptable application for license or 
exemption. Such petition shall be publicly available and shall be 
filed in such form as the Commission shall require by rule issued 
within 120 days after the enactment of this Act. The public notice 
required under this subparagraph shall include written notice by 
the petitioner to affected Federal and State £igencies. 
(B) In the case of any petition referred to in subparagraph (A), if 
the applicant had a preliminary permit and had completed environ-
mental consultations (required by Commission regulations and 
procedures in effect on January 1, 1986) prior to enactment, there 
shall be a rebuttable presumption that such applicant had commit-
ted substantial monetary resources prior to enactment. 
(C) The applicant for a license or exemption for a project described 
in subparsigraph (A) may petition the Commission for an initial 
determination under paragraph (1) of section 210(j) of the Public 
Utility Regulatory Policies Act of 1978 prior to the time the license 
or exemption is issued. If the Commission initially finds that the 
project will have substantial adverse effects on the environment 
within the meaning of such paragraph (1), prior to making a final 
finding under that paragraph the Commission shall afford the 
applicant a resisonable opportunity to provide for mitigation of such 
adverse effects. The Commission shall make a final finding under 
such paragraph (1) at the time the license or exemption is issued. If 
State and local 
the Federal Energy Regulatory Commission has notified the State of 
governments. 
its initial finding and the State has not taken any action described 
in paragraph (2) of section 210(j) before such final finding, the 
failure to take such action shall be the basis for a rebuttable 
presumption that there is not a substantial adverse effect on the 
environment related to natural, recreational, cultural, or scenic 
attributes for purposes of such finding. 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1251 
(D) If a petition under subparagraph (A) is denied, all provisions of 
section 210(j) of the Public Utility Regulatory Policies Act of 1978 
shall apply to the project regardless of when the license or exemp-
tion is issued. 
(c) APPLICATION OF SECTION 30(C).—Nothing in this Act shall affect 
the application of section 30(c) of the Federal Power Act to any 
exemption issued after the enactment of this Act. 
(d) STUDY.—(1) The Commission shall conduct a study (in accord-
ance with section 102(2)(C) of the National Environmental Policy 
Act of 1969) of whether the benefits of section 210 of the Public 
Utility Regulatory Policies Act of 1978 and section 210 of the 
Federal Power Act should be applied to hydroelectric power facili-
ties utilizing new dams or diversions (within the meaning of section 
210(k) of the Public Utility Regulatory Policies Act of 1978). 
(2) The study under this subsection shall take into consideration 
the need for such new dams or diversions for power purposes, the 
environmental impacts of such new dams and diversions (both with 
and without the application of the amendments made by this Act to 
sections 4,10, and 30 of the Federal Power Act and section 210 of the 
Public Utility Regulatory Policies Act of 1978), the environmental 
effects of such facilities alone and in combination with other exist-
ing or proposed dams or diversions on the same waterway, the 
intent of Congress to encourage and give priority to the application 
of section 210 of Public Utility Regulatory Policies Act of 1978 to 
existing dams and diversions rather than such new dams or diver-
sions, and the impact of such section 210 on the rates paid by 
electric power consumers. 
(3) The study under this subsection shall be initiated within 3 
months after enactment of this Act and completed as promptly as 
practicable. 
(4) A report containing the results of the study conducted under 
this subsection shall be submitted to the Committee on Energy and 
Commerce of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States 
Senate while both Houses are in session. 
(5) The report submitted under paragraph (4) shall include a 
determination (and the basis thereof by the Commission, based on 
the study and a public hearing and subject to review under section 
313(b) of the Federal Power Act, whether any of the benefits re-
ferred to in paragraph (1) should be available for such facilities and 
whether applications for preliminary permits (or licenses where no 
preliminary permit has been issued) for such small power produc-
tion facilities utilizing new dams or diversions should be accepted by 
the Commission after the moratorium period specified in subsection 
(e). The report shall include such other administrative and legisla-
tive recommendations as the Commission deems appropriate. 
(6) If the study under this subsection has not been completed 
within 18 months after its initiation, the Commission shall notify 
the Committees referred to in paragraph (4) of the reasons for the 
delay and specify a date when it will be completed and a report 
submitted. 
(e) MORATORIUM ON APPLICATION OF P U R P A TO NEW DAMS.— 
Notwithstanding the amendments made by subsection (a) of this 
section, in the case of a project for which a license or exemption is 
issued after the enactment of this Act, section 210 of the Public 
Utility Regulatory Policies Act of 1978 shall not apply during the 
Ante, p. 1249. 
16 u s e 823a 
note. 
Ante, p. 1248. 
16 u s e 824a-3 
note. 
42 u s e 4332. 
Ante, p. 1249. 
16 u s e 824i. 
Ante, p. 1249. 
Ante, pp. 1243, 
1244; 
post, pp. 1252, 
1257; ante, p. 
1248. 
Ante, p. 1249. 
Reports. 
16 u s e 825/. 
16 u s e 824a-3 
note. 
Ante, p. 1249. 
100 STAT. 1252 
PUBLIC LAW 99-495—OCT. 16, 1986 
moratorium period if the project utilizes a new dam or diversion (as 
Ante, p. 1249. 
defined in section 210(k) of such Act) unless the project is either— 
(1) a project located at a Government dam (as defined in 
16 use 796. 
section 3(10) of the Federal Power Act) at which non-Federal 
hydroelectric development is permissible, or 
(2) a project described in paragraphs (2), (3), or (4) of subsec-
tion (b). 
For purposes of this subsection, the term "moratorium period" 
means the period beginning on the date of the enactment of this Act 
and ending at the expiration of the first full session of Congress 
after the session during which the report under subsection (d) has 
been submitted to the Congress. 
SEC. 9. FEES AND CHARGES FOR USE OF DAMS AND STRUCTURES. 
16 use 803. 
(a) FEES AND CHARGES.—Section 10(e) of the Federal Power Act is 
amended as follows: 
(1) Insert "(1)" after "(e)". 
(2) Add the following at the end thereof: 
"(2) In the case of licenses involving the use of Government dams 
or other structures owned by the United States, the charges fixed (or 
readjusted) by the Commission under paragraph (1) for the use of 
such dams or structures shall not exceed 1 mill per kilowatt-hour for 
the first 40 gigawatt-hours of energy a project produces in any year, 
iy2 mills per kilowatt-hour for over 40 up to and including 8() 
gigawatt-hours in any year, and 2 mills per kilowatt-hour for any 
energy the project produces over 80 gigawatt-hours in any year. 
Except as provided in subsection (f), such charge shall be the only 
charge assessed by any agency of the United States for the use of 
such dams or structures. 
"(3) The provisions of paragraph (2) shall apply with respect to— 
"(A) all licenses issued after the date of the enactment of this 
paragraph; and 
"(B) all licenses issued before such date which— 
"(i) did not fix a specific charge for the use of the Govern-
ment dam or structure involved; and 
"(ii) did not specify that no charge would be fixed for the 
use of such dam or structure. 
"(4) Every 5 years, the Commission shall review the appropriate-
ness of the annual charge limitations provided for in this subsection 
and report to Congress concerning its recommendations thereon.". 
Indians. 
Ot)) SAVINGS PROVISIONS.—Nothing in this Act shall affect any 
16 use 803 note, 
annual charge to be paid pursuant to section 10(e) of the Federal 
Power Act to Indian tribes for the use of their lands within Indian 
reservations. 
SEC. 10. ELECTION 
AND 
NEGOTIATIONS 
CONCERNING CONTESTED 
PROJECTS SUBJECT TO LITIGATION. 
(a) APPUCATION OF SECTION.—This section applies to any relicens-
ing proceeding initiated prior to October 1983 at the Federal Energy 
Regulatory 
Commission 
involving 
the 
following 
projects: 
Mokelumne (No. 137), California; Phoenix (No. 1061), California; 
Rock Creek/Cresta (No. 1962), California; Haas-King (No. 1988), 
California; Poole (No. 1388), California; Olmsted (No. 596), Utah; 
Weber (No. 1744), Utah; Rush Creek (No. 1389), California; and 
Shawano (No. 710), Wisconsin. The numbers in this subsection refer 
to Federal Energy Regulatory Commission project identification 
numbers for the existing licensee. This subsection shall also apply to 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1253 
any subsequent relicensing proceeding for any such project involv-
ing the same parties which results from the rejection, without 
prejudice, of an application in any of the proceedings specified in 
this subsection. 
(b) PROVISIONS NOT APPLICABLE IF ELECTION MADE.—In the case of 
each project named in subsection (a), if the existing licensee fails to 
make an election under subsection (c) within 90 days after the 
enactment of this Act for negotiations under subsection (e)— 
(1) the provisions of the Federal Power Act in effect one day 16 USC 79la. 
prior to enactment of this Act; and 
(2) the amendments made by sections 3, 6, and 12 of this Act 
to the Federal Power Act; 
shall apply to the relicensing proceeding referred to in subsec-
tion (a). 
(c) ELECTION PROCEDURES.—An existing licensee for any project 
named in subsection (a) may file an election with the Commission 
under this subsection. The election shall be filed in the manner 
required by the Commission. The election, subject to subsection (d), 
shall consist of an agreement that, in the case of the project 
concerned, the licensee will— 
(1) enter into good faith negotiations under subsection (e) with 
each person (or group of persons) who filed a competing applica-
tion for a new license for the project before October 7, 1983; and 
(2) be subject to the provisions of this section. 
Notice of the election to negotiate or the refusal thereof shall be 
filed with the Commission within the 90-day period. 
(d) ACCEPTANCE OR REFUSAL TO ACCEPT ELECTION.—Within 45 days 
after receiving notice from the Commission of an election to nego-
tiate made by the existing licensee under subsection (c) for an 
applicable project, each competing license applicant (or group of 
applicants) referred to in subsection (a) may— 
(1) accept the election, withdraw the competing application, 
enter into good faith negotiations in accordance with this sec-
tion, and agree to be subject to the provisions of this section; or 
(2) refuse to accept such election. 
If the election to negotiate is not accepted by the competing ap-
plicant (or group) within the 45-day period, the relicensing proceed-
ing for such project shall be continued and a new license issued 
solely in accordance with the Federal Power Act, as amended by this 
Act (including the amendments made by this Act to section 7 of the 
Federal Power Act). Notice of an election to negotiate or refusal 
Ante, p. 1243. 
must be filed with the Commission within the 45-day period. 
(e) NEGOTIATIONS.—If an election to negotiate is made pursuant to 
subsections (c) and (d) for any project, the existing licensee and the 
competing applicant shall commence negotiations for each of the 
following: 
(1) Compensation to be provided by the existing licensee for 
the reasonable costs incurred by the competing applicant which 
are related to pursuing— 
(A) the application in the applicable relicensing proceed-
ing, including the costs of preparing, filing, and maintain-
ing such application for the period ending December 31, 
1985; and 
(B) the litigation in the courts involving the application of 
section 7 of the Federal Power Act to the applicable re-
licensing proceeding. 
100 STAT. 1254 
PUBLIC LAW 99-495—OCT. 16, 1986 
(2) Compensation in an additional sum (which may be in 
money or electric power or both) representing a reasonable 
percentage (but not to exceed 100 percent) of the net investment 
of the existing licensee in the project, as of October 22, 1985 (as 
determined by the Commission, prior to the initiation of such 
negotiations, in accordance with section 14(a) of the Federal 
16 use 807. 
Power Act). In making the determination of net investment, the 
Commission shall utilize all relevant records and data (which 
the existing licensee shall provide to the Commission) applicable 
to the project for the term of the existing license through 
October 22,1985. 
The parties to the negotiations shall establish the method, period, 
and manner of providing all such compensation. 
(f) COMMISSION ORDER.—If an election is made and accepted but 
negotiations under subsection (e) are not commenced by the parties 
within the time established by the Commission (or, if appropriate, in 
the judgment of the Commission, one 45-day extension thereof) or if 
a mutually satisfactory compensation arrangement that is consist-
16 use 791a. 
ent with the provisions of the Federal Power Act has not been 
executed within such time, the Commission, after notice and oppor-
tunity for a hearing, shall issue an order establishing compensation 
in accordance with paragraphs (1) and (2) of subsection (e). In 
determining the amount of compensation, the Commission may 
accept any stipulations agreed to by the parties as a result of the 
negotiations. The Commission shall also take into consideration all 
of the following: 
(1) The quality of the relicensing proposals of the existing 
licensee and the competing applicant. 
(2) The net benefits to both parties and their customers of 
obtaining the new license. 
(3) The extent to which the applications filed by both parties 
were actively pursued (subject to the effect thereon of any action 
by the Commission or the applicable litigation) and filed with 
the Commission in good faith. 
(4) The extent of reliance by the competing applicant on the 
provisions of the Federal Power Act in effect prior to enactment 
of this Act and the detrimental impact of such reliance on the 
operations and on the service area of the applicant. 
(g) COMPENSATION.—The order of the Commission under this sec-
tion shall establish the method, period, and manner of providing 
compensation under subsection (f), and such other reasonable terms 
and conditions concerning such compensation, consistent with the 
Federal Power Act, as the Commission deems appropriate. Any 
payment over a period of time shall include interest compounded at 
a rate based upon outstanding obligations of the United States of 
comparable maturity. The payment period shall not exceed one-
third of the new license term for the project. The order shall state 
the basis for the Commission's determination. The provisions of 
16 use 825/. 
section 313 of the Federal Power Act shall apply to such order and 
determinations. The order (or any agreement reached by the parties 
by negotiation) shall be a condition of any annual license or new 
license (depending when the order is issued or agreement reached) 
State and local 
issued to the existing licensee for this project. Nothing in this 
governments. 
section shall be construed to affect the treatment, by a State regu-
latory authority for ratemaking purposes, of any compensation paid 
under this section. 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1255 
(h) COMMISSION PROCEEDINGS.—Upon mutual request of the par-
ties to any negotiation under this section, the Commission may defer 
any determination of net investment for the applicable project until 
whenever it is required to issue an order under this section for such 
project. No new license shall be issued under the Federal Power Act 
16 use 79ia. 
for the projects referenced in this section until there is full compli-
ance, to the extent applicable, with this section. The Commission 
shall ensure that negotiations and any determinations and orders 
required by this section shall be conducted, made, and issued expedi-
tiously and shall ensure that the parties do not delay. 
SEC. 11. MERWIN DAM PROJECT. 
The amendments made by this Act, except for the amendments 
Washington. 
made by sections 6 and 12 shall not apply to the Federal Energy 
Regulatory Commission proceeding involving FERC Project Number 
935 (FERC Project Number 2791), relating to the Merwin Dam in 
Washington State. 
SEC. 12. ADDITIONAL COMMISSION ENFORCEMENT AUTHORITY. 
Part I of the Federal Power Act is amended by adding the 
following new section at the end thereof: 
"SEC. 31. ENFORCEMENT. 
16 USC 823b. 
"(a) MONITORING AND INVESTIGATION.—The Commission shall 
monitor and investigate compliance with each license and permit 
issued under this Part and with each exemption granted from any 
requirement of this Part. The Commission shall conduct such inves-
tigations as may be necessary and proper in accordance with this 
Act. After notice and opportunity for public hearing, the Commis-
sion may issue such orders as necessary to require compliance with 
the terms and conditions of licenses and permits issued under this 
Part and with the terms and conditions of exemptions granted from 
any requirement of this Part. 
"(b) REVOCATION ORDERS.—After notice and opportunity for an 
evidentiary hearing, the Commission may also issue an order revok-
ing any license issued under this Part or any exemption granted 
from any requirement of this Part where any licensee or exemptee 
is found by the Commission: 
"(1) to have knowingly violated a final order issued under 
subsection (a) after completion of judicial review (or the oppor-
tunity for judicial review); and 
"(2) to have been given reasonable time to comply fully with 
such order prior to commencing any revocation proceeding. 
In any such proceeding, the order issued under subsection (a) shall 
be subject to de novo review by the Commission. No order shall be 
issued under this subsection until after the Commission has taken 
into consideration the nature and seriousness of the violation and 
the efforts of the licensee to remedy the violation. 
"(c) CIVIL PENALTY.—Any licensee, permittee, or exemptee who 
violates or fails or refuses to comply with any rule or regulation 
under this Part, any term, or condition of a license, permit, or 
exemption under this Part, or any order issued under subsection (a) 
shall be subject to a civil penalty in an amount not to exceed $10,000 
for each day that such violation or failure or refusal continues. Such 
penalty shall be assessed by the Commission after notice and oppor-
tunity for public hearing. In determining the amount of a proposed 
penalty, the Commission shall take into consideration the nature 
100 STAT. 1256 
PUBLIC LAW 99-495—OCT. 16, 1986 
and seriousness of the violation, failure, or refusal and the efforts of 
the licensee to remedy the violation, failure, or refusal in a timely 
manner. No civil penalty shall be assessed where revocation is 
ordered. 
"(d) ASSESSMENT.—(1) Before issuing an order assessing a civil 
penalty against any person under this section, the Commission shall 
provide to such person notice of the proposed penalty. Such notice 
shall, except in the case of a violation of a final order issued under 
subsection (a), inform such person of his opportunity to elect in 
writing within 30 days after the date of receipt of such notice to 
have the procedures of paragraph (3) (in lieu of those of paragraph 
(2)) apply with respect to such assessment. 
"(2)(A) In the case of the violation of a final order issued under 
subsection (a), or unless an election is made within 30 calendar days 
after receipt of notice under paragraph (1) to have paragraph (3) 
apply with respect to such penalty, the Commission shall assess the 
penalty, by order, after a determination of violation has been made 
on the record after an opportunity for an agency hearing pursuant 
to section 554 of title 5, United States Code, before an administrative 
law judge appointed under section 3105 of such title 5. Such assess-
ment order shall include the administrative law judge's findings and 
the basis for such assessment. 
Courts, U.S. 
"(B) Any person against whom a penalty is assessed under this 
paragraph may, within 60 calendar days after the date of the order 
of the Commission assessing such penalty, institute an action in the 
United States court of appeals for the appropriate judicial circuit for 
judicial review of such order in accordance with chapter 7 of title 5, 
5 use 701 et seq. United States Code. The court shall have jurisdiction to enter a 
judgment affirming, modifying, or setting aside in whole or in Part, 
the order of the Commission, or the court may remand the proceed-
ing to the Commission for such further action as the court may 
direct. 
"(3)(A) In the case of any civil penalty with respect to which the 
procedures of this paragraph have been elected, the Commission 
shall promptly assess such penalty, by order, after the date of the 
receipt of the notice under paragraph (1) of the proposed penalty. 
"(B) If the civil penalty has not been paid within 60 calendar days 
after the assessment order has been made under subparagraph (A), 
the Commission shall institute an action in the appropriate district 
court of the United States for an order affirming the assessment of 
the civil penalty. The court shall have authority to review de novo 
the law and the facts involved, and shall have jurisdiction to enter a 
judgment enforcing, modifying, and enforcing as so modified, or 
setting aside in whole or in Part, such assessment. 
"(C) Any election to have this paragraph apply may not be 
revoked except with the consent of the Commission. 
"(4) The Commission may compromise, modify, or remit, with or 
without conditions, any civil penalty which may be imposed under 
this subsection, taking into consideration the nature and seriousness 
of the violation and the efforts of the licensee to remedy the 
violation in a timely manner at any time prior to a final decision by 
the court of appeals under paragraph (2) or by the district court 
under paragraph (3). 
"(5) If any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order under paragraph (2), 
or after the appropriate district court has entered final judgment in 
favor of the Commission under paragraph (3), the Commission shall 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1257 
institute an action to recover the amount of such penalty in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of such final assessment order or judg-
ment shall not be subject to review. 
"(6)(A) Notwithstanding the provisions of title 28, United States 
Code, or of this Act, the Commission may be represented by the 
general counsel of the Commission (or any attorney or attorneys 
within the Commission designated by the Chairman) who shall 
supervise, conduct, and argue any civil litigation to which para-
graph (3) of this subsection applies (including any related collection 
action under paragraph (5)) in a court of the United States or in any 
other court, except the Supreme Court. However, the Commission or 
the general counsel shall consult with the Attorney General 
concerning such litigation, and the Attorney General shall provide, 
on request, such assistance in the conduct of such litigation as may 
be appropriate. 
"(B) The Commission shall be represented by the Attorney Gen-
eral, or the Solicitor General, as appropriate, in actions under this 
subsection, except to the extent provided in subparagraph (A) of this 
paragraph.". 
SEC. 13. ANTITRUST LAWS. 
Section 10(h) of the Federal Power Act is amended by inserting 16 USC 803. 
"(1)" after "(h)" and by adding the following new paragraph at the 
end thereof: 
"(2) That conduct under the license that: (A) results in the con-
travention of the policies expressed in the antitrust laws; and (B) is 
not otherwise justified by the public interest considering regulatory 
policies expressed in other applicable law (including but not limited 
to those contained in Part II of this Act) shall be prevented or 
adequately minimized by means of conditions included in the license 
prior to its issuance. In the event it is impossible to prevent or 
adequately minimize the contravention, the Commission shall 
refuse to issue any license to the applicant for the project and, in the 
case of an existing project, shall take appropriate action to provide 
thereafter for the operation and maintenance of the affected project 
and for the issuing of a new license in accordance with section 15 of 
this Part.". 
SEC. 14. LANDOWNER NOTIFICATION. 
Section 9 of the Federal Power Act is amended by inserting "(a)" 16 USC 802. 
after "9", by redesignating existing subsections (a) and (b) as para-
graphs (1) and (2), and by adding the following at the end thereof: 
"(b) Upon the Hling of any application for a license (other than a 
license under section 15) the applicant shall make a good faith effort 16 USC 808. 
to notify each of the following by certified mail: 
' (1) Any person who is an owner of record of any interest in 
the property within the bounds of the project. 
"(2) Any Federal, State, municipal or other local govern- State and local 
mental agency likely to be interested in or affected by such governments. 
application.". 
SEC. 15. APPLICATIONS FOR CERTAIN ORDERS UNDER FEDERAL POWER 
ACT. 
Section 211(cX2XB) of the Federal Power Act is amended by adding 16 USC 824j. 
the following before the period: ": Provided, That nothing in this 
subparagraph shall prevent an application for an order hereunder 
100 STAT. 1258 
PUBLIC LAW 99-495—OCT. 16, 1986 
to be filed prior to termination of modification of an existing rate 
schedule: Provided, That such order shall not become effective until 
termination of such rate schedule or the modification becomes 
effective". 
SEC. 15A. MISCELLANEOUS PROVISIONS. 
Alabama. 
(a) LAKE TUSCALOOSA.—In the case of any hydroelectric power 
project located or proposed to be located at Lake Tuscaloosa, in 
Tuscaloosa County, Alabama, the provisions of the Federal Power 
16 use 791a. 
Act shall continue to apply, except that the Federal Energy Regu-
latory Commission shall not issue any permit, license, or exemption 
under that Act or under any other provision of law administered by 
the Commission to any person or public or private entity for such 
project or for any transmission or other facilities used in connection 
with, or appurtenant to, such project unless authorized by law 
enacted after the enactment of this Act. 
(b) TIME LIMITATIONS FOR CERTAIN PROJECTS.—Notwithstanding 
16 use 806. 
the time limitations of section 13 of the Federal Power Act, the 
Federal Energy Regulatory Commission upon the request of the 
licensee for FERC Projects Nos. 3033, 3034, and 3044 (and after 
reasonable notice) is authorized, in accordance with the good faith, 
due diligence, and public interest requirements of such section 13 
and the Commission's procedures under such section, to extend: 
(1) the time required for commencement of construction of 
Projects Nos. 3033, 3034, and 3044 for up to a maximum of 3 
consecutive 2-year periods for each such project, 
(2) the time required for completion of construction of such 
projects for a reasonable period not to exceed 5 years after 
commencement of construction of each project, and 
(3) the time required for the licensee to acquire the real 
property required for such projects for a period of up to 5 years 
from the date of enactment of the Act. 
The authorization for issuing extensions under paragraphs (2) and 
(3) of this subsection shall terminate 3 years after enactment of this 
Act. The Commission to facilitate requests under this subsection 
may consolidate such requests. 
Idaho. 
(c) HENRY'S FORK.—(1) In the case of any project proposed to be 
sited on, or adjacent to, that portion of Henry's Fork of the Snake 
River, Idaho (including that segment originating at Big Springs), or 
its tributaries within one-half mile of their confluence with Henry's 
Fork of the Snake River, from its point of origin at Henry's Lake, 
Idaho to the point of its confluence with the backwaters of Ashton 
16 use 791a. 
Reservoir, Idaho, the provisions of the Federal Power Act shall 
continue to apply, except that the Federal Energy Regulatory 
Commission shall not issue any permit, license, or exemption under 
that Act or under any other provision of law administered by the 
Commission to any person or public or private entity for such 
project or for any transmission or other facilities used in connection 
with, or appurtenant to, such project unless authorized by law 
enacted after the enactment of this Act. The prohibition in the 
preceding sentence shall not apply to the application for a license 
Ante, p. 1255. 
under Part I of the Federal Power Act, as amended by this Act, to 
the Island Park Dam Hydropower Project (FERC Project No. 2973), 
except that in addition to the requirements of that Act, the Commis-
sion may issue such license only if the Commission determines that 
significant and permanent alternation of streamflow, habitat, water 
temperature, and quality will not occur as a result of the project. 
PUBLIC LAW 99-495—OCT. 16, 1986 
100 STAT. 1259 
Nothing in this subsection shall be construed to affect the authority 
of this Commission to relicense, in accordance with the provisions of 
the Federal Power Act, as amended by this Act, the Ponds Lodge 16 USC 79la. 
Hydropower Project (FERC Project No. 1413). 
(2) Except as expressly provided in paragraph (1), nothing in this 
subsection shall affect the validity of any existing license, permit, or 
certificate issued by any Federal agency pursuant to any other 
Federal law. 
(3) The provisions of this subsection shall supersede the provisions 
of title VII (relating to the Henry's Fork of the Snake River, Idaho) 
of the Act entitled "An Act to amend the Wild and Scenic Rivers 
Act, and for other purposes" enacted during the 99th Congress, 
second session. 
SEC. 16. PROVISION OF INFORMATION TO CONGRESS. 
16 USC 797b. 
The Federal Energy Regulatory Commission shall keep the 
Committee on Energy and Commerce of the United States House of 
Representatives and the Committee on Energy and Natural Re-
sources of the United States Senate fully and currently informed 
regarding actions of the Commission with respect to the provisions 
of Part I of the Federal Power Act. 
SEC. 17. SAVINGS PROVISIONS. 
State and local 
(a) IN GENERAL.—Nothing in this Act shall be construed as au- Indians, 
thorizing the appropriation of water by any Federal, State, or local 16 USC 797 note, 
agency, Indian tribe, or any other entity or individual. Nor shall any 
provision of this Act— 
(1) affect the rights or jurisdiction of the United States, the 
States, Indian tribes, or other entities over waters of any river 
or stream or over any ground water resource; 
(2) alter, amend, repeal, interpret, modify, or be in conflict 
with any interstate compact made by the States; 
(3) alter or establish the respective rights of States, the 
United States, Indian tribes, or any person with respect to any 
water or water-related right; 
(4) affect, expand, or create rights to use transmission facili-
ties owned by the Federal Government; 
(5) alter, amend, repeal, interpret, modify, or be in conflict 
with, the Treaty rights or other rights of any Indian tribe; 
(6) permit the filing of any competing application in any 
relicensing proceeding where the time for filing a competing 
application expired before the enactment of this Act; or 
(7) modify, supersede, or affect the Pacific Northwest Electric 
Power Planning and Conservation Act. 
16 USC 839 note. 
SEC. 18. EFFECTIVE DATE. 
16 USC 797 note. 
Except as otherwise provided in this Act, the amendments made 
by this Act shall take effect with respect to each license, permit, or 
exemption issued under the Federal Power Act after the enactment 
16 USC 79la. 
of this Act. The amendments made by sections 6 and 12 of this Act 
100 STAT. 1260 
PUBLIC LAW 99-495—OCT. 16, 1986 
shall apply to licenses, permits, and exemptions without regard to 
when issued. 
Approved October 16, 1986. 
LEGISLATIVE HISTORY—S. 426 (H.R. 44): 
HOUSE REPORTS: No. 99-507 accompanying H.R. 44 (Comm. on Energy and 
Commerce). 
SENATE REPORTS: No. 99-161 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Apr. 11, 15-17, considered and passed Senate. 
Apr. 21, H.R. 44 considered and passed House; proceedings vacated and S. 426 
amended, p£issed in lieu. 
June 10, Senate disagreed to House amendment. 
Oct. 2, House agreed to conference report. 
Oct. 3, Senate agreed to conference report.