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S. 3021-104 <br />"(2) project -related investments by the licensee over the <br />term of the existing license. <br />"(b) EQUAL WEIGHT. —The determination of the Commission <br />under subsection (a) shall give equal weight to— <br />"(1) investments by the licensee to implement the new <br />license under this part, including investments relating to <br />redevelopment, new construction, new capacity, efficiency, mod- <br />ernization, rehabilitation or replacement of major equipment, <br />safety improvements, or environmental, recreation, or other <br />protection, mitigation, or enhancement measures required or <br />authorized by the new license; and <br />"(2) investments by the licensee over the term of the <br />existing license (including any terms under annual licenses) <br />that — <br />"(A) resulted in redevelopment, new construction, new <br />capacity, efficiency, modernization, rehabilitation or <br />replacement of major equipment, safety improvements, or <br />environmental, recreation, or other protection, mitigation, <br />or enhancement measures conducted over the term of the <br />existing license; and <br />"(B) were not expressly considered by the Commission <br />as contributing to the length of the existing license term <br />in any order establishing or extending the existing license <br />term. <br />"(c) COMMISSION DETERMINATION. —At the request of the <br />licensee, the Commission shall make a determination as to whether <br />any planned, ongoing, or completed investment meets the criteria <br />under subsection (b)(2). Any determination under this subsection <br />shall be issued within 60 days following receipt of the licensee's <br />request. When issuing its determination under this subsection, the <br />Commission shall not assess the incremental number of years that <br />the investment may add to the new license term. All such assess- <br />ment shall occur only as provided in subsection (a).". <br />SEC. 3006. FAIR RATEPAYER ACCOUNTABILITY, TRANSPARENCY, AND <br />EFFICIENCY STANDARDS. <br />Section 205 of the Federal Power Act (16 U.S.C. 824d) is <br />amended by adding at the end the following: <br />"(g) INACTION OF COMMISSIONERS.— <br />"(1) IN GENERAL. —With respect to a change described in <br />subsection (d), if the Commission permits the 60-day period <br />established therein to expire without issuing an order accepting <br />or denying the change because the Commissioners are divided <br />two against two as to the lawfulness of the change, as a <br />result of vacancy, incapacity, or recusal on the Commission, <br />or if the Commission lacks a quorum — <br />"(A) the failure to issue an order accepting or denying <br />the change by the Commission shall be considered to be <br />an order issued by the Commission accepting the change <br />for purposes of section 313(a); and <br />"(B) each Commissioner shall add to the record of <br />the Commission a written statement explaining the views <br />of fCC1nn01^ VITi+I, roanor+ fn +I-ho rli, nrso <br />