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S. 3021-105 <br />because the Commissioners are divided two against two, as <br />a result of vacancy, incapacity, or recusal on the Commission, <br />or if the Commission lacks a quorum, such person may appeal <br />under section 313(b).". <br />SEC. 3007. J. BENNETT JOHNSTON WATERWAY HYDROPOWER EXTEN- <br />SION. <br />(a) IN GENERAL. —Notwithstanding the time period specified <br />in section 13 of the Federal Power Act (16 U.S.C. 806) that would <br />otherwise apply to Federal Energy Regulatory Commission project <br />numbers 12756, 12757, and 12758, the Commission may, at the <br />request of the licensee for the applicable project, and after reason- <br />able notice, in accordance with the good faith, due diligence, and <br />public interest requirements of that section and the Commission's <br />procedures under that section, extend the time period during which <br />such licensee is required to commence the construction of its <br />applicable project for up to 3 consecutive 2-year periods from the <br />date of the expiration of the extension originally issued by the <br />Commission under that section for such project. <br />(b) OBLIGATION FOR PAYMENT OF ANNUAL CHARGES. —Any <br />obligation of a licensee for a project described in subsection (a) <br />for the payment of annual charges under section 10(e) of the Federal <br />Power Act (16 U.S.C. 803(e)) shall commence when the construction <br />of the project commences. <br />(c) REINSTATEMENT OF LICENSE; EFFECTIVE DATE FOR EXTEN- <br />SION.— <br />(1) REINSTATEMENT. —If the time period required for <br />commencement of construction of a project described in sub- <br />section (a) has expired prior to the date of the enactment <br />of this Act, the Commission may reinstate the license for such <br />project, effective as of the date of the expiration of the license. <br />(2) EFFECTIVE DATE FOR EXTENSION. —If the Commission <br />reinstates a license under paragraph (1) for a project, the <br />first extension authorized under subsection (a) with respect <br />to such project shall take effect on the effective date of such <br />reinstatement under paragraph (1). <br />SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 <br />FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT. <br />(a) DEFINITIONS. —In this section: <br />(1) COMMISSION. —The term "Commission" means the Fed- <br />eral Energy Regulatory Commission. <br />(2) LICENSE. —The term "license" means the license for <br />the Commission project numbered 11393. <br />(3) LICENSEE. —The term "licensee" means the holder of <br />the license. <br />(b) STAY OF LICENSE. —On the request of the licensee, the <br />Commission shall issue an order continuing the stay of the license. <br />(c) LIFTING OF STAY. —On the request of the licensee, but not <br />later than 10 years after the date of enactment of this Act, the <br />Commission shall— <br />(1) issue an order lifting the stay of the license under <br />subsection (b); and <br />(91 1,1912". +hn oW micro of +h. 1inorico rho r1nn <br />