Title 16 — ConservationRelease 119-73

§823g Considerations for relicensing terms

Title 16 › Chapter CHAPTER 12— - FEDERAL REGULATION AND DEVELOPMENT OF POWER › Subchapter SUBCHAPTER I— - REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES › § 823g

Last updated Apr 6, 2026|Official source

Summary

When the Commission sets the length of a new license after an old one ends, it must look at the licensee’s project-related investments both planned under the new license and made during the old license. The two kinds of investments must be given equal importance. “Investments” means things like upgrades, new construction or capacity, efficiency or safety work, and environmental or recreation protection or enhancement. If the licensee asks, the Commission must say within 60 days whether a particular investment meets the rule. That reply cannot say how many extra years the investment should add; the extra years are decided only when the new license term is set.

Full Legal Text

Title 16, §823g

Conservation — Source: USLM XML via OLRC

(a)In determining the term of a new license issued when an existing license under this subchapter expires, the Commission shall take into consideration, among other things—

(1)project-related investments by the licensee under the new license; and

(2)project-related investments by the licensee over the term of the existing license.

(b)The determination of the Commission under subsection (a) shall give equal weight to—

(1)investments by the licensee to implement the new license under this subchapter, including investments relating to redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation or replacement of major equipment, safety improvements, or environmental, recreation, or other protection, mitigation, or enhancement measures required or authorized by the new license; and

(2)investments by the licensee over the term of the existing license (including any terms under annual licenses) that—

(A)resulted in redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation or replacement of major equipment, safety improvements, or environmental, recreation, or other protection, mitigation, or enhancement measures conducted over the term of the existing license; and

(B)were not expressly considered by the Commission as contributing to the length of the existing license term in any order establishing or extending the existing license term.

(c)At the request of the licensee, the Commission shall make a determination as to whether any planned, ongoing, or completed investment meets the criteria under subsection (b)(2). Any determination under this subsection shall be issued within 60 days following receipt of the licensee’s request. When issuing its determination under this subsection, the Commission shall not assess the incremental number of years that the investment may add to the new license term. All such assessment shall occur only as provided in subsection (a).

Reference

Citations & Metadata

Citation

16 U.S.C. § 823g

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73