PUBLIC LAW 99-495—OCT. 16, 1986
100 STAT. 1253
any subsequent relicensing proceeding for any such project involving 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 I F 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 subsection (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 application 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 negotiate 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 section, 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 applicant (or group) within the 45-day period, the relicensing proceeding 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 proceeding, including the costs of preparing, filing, and maintaining 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 relicensing proceeding.
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