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3.1.1 New License

FERC may issue a new license to the existing licensee or a competing applicant whose application is demonstrably superior.1 In the relicensing proceeding, FERC does not assume that a new license will issue. Rather, FERC must determine anew whether the project is best adapted to a comprehensive plan of development of the affected river. If issued, a new license must comply with applicable laws at this time. In other words, a licensee cannot expect its current license to be reissued without modification.2 FERC may also reject a license application, in which event the project will be decommissioned.

 

  1. See 18 C.F.R. §§ 4.37; 5.29(i).

  2. See 16 U.S.C. § 816.