The provisions of this subchapter shall not be construed as affecting any permit or valid existing right-of-way granted prior to June 10, 1920, or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, association, corporation, State, or municipality holding or possessing such permit, right-of-way or authority may apply for a license under this chapter, and upon such application the Commission may issue to any such applicant a license in accordance with the provisions of this subchapter and in such case the provisions of this chapter shall apply to such applicant as a licensee under this chapter: Provided, That when application is made for a license under this section for a project or projects already constructed the fair value of said project or projects determined as provided in this section, shall for the purposes of this subchapter and of said license be deemed to be the amount to be allowed as the net investment of the applicant in such project or projects as of the date of such license, or as of the date of such determination, if license has not been issued. Such fair value shall be determined by the Commission after notice and opportunity for hearing.
Notes of Decisions
City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958).
· cites it 2× “1075 , 16 U. S. C. § 816 . [4] " `Municipality' [as used in the Federal Power Act] means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing,…”
Niagara Falls Power Co. v. Fed. Power Comm'n, 137 F.2d 787 (2d Cir. 1943).
· cites it 4× “" Again: "In the determination of the fair value of the project already constructed to be hereafter made as provided by Section 23 of the Act, [ 16 U.S.C.A. § 816 ] the fair value of the property of said Niagara plant (Stations 1 and 2) and of said Station No.”
Fed. Power Comm'n v. Niagara Mohawk Power Corp., 347 U.S. 239 (1954).
· cites it 2× “846 , 16 U. S. C. § 816 , applied to licenses to use water rights previously held under permits from the Federal Government, whereas this licensee's prior water rights, if any, arise under the law of New York.”
The Montana Power Co., a Montana Corp. v. The Fed. Power Comm'n, 330 F.2d 781 (9th Cir. 1964).
· cites it 4× “On August 29, 1961, before the application for approval of the merger had been acted upon by the Commission, Montana-New Jersey filed an application with the Commission seeking a fifty year “fair value” power license under Section 23(a) *784 of the Act, 16 U.S.C. § 816 . 5 The…”
Domtar Maine Corp. v. Fed. Energy Regulatory Comm'n, 347 F.3d 304 (D.C. Cir. 2003).
“” 16 U.S.C. § 816 . According to Domtar, if the two upstream facilities enhance the power-generating capability of the downstream projects, then requiring licenses for the upstream facilities would “affect” the projects’ permit.”
Marjorie Linder Cooley v. Fed. Energy Regulatory Comm'n, 843 F.2d 1464 (D.C. Cir. 1988).
“16 U.S.C. § 816 . 14 However, § 23(a)’s express provision for voluntary licensing was deemed necessary in the 1920 Act to clarify the Commission’s authority to grant new licenses at all to existing holders of valid permits or rights of way, in view of the Act’s emphasis on…”
United States v. Crow, Pope & Land Enter., Inc., 340 F. Supp. 25 (N.D. Ga. 1972).
“The suit was brought by the United States to enjoin the construction and maintenance of a proposed dam without first having obtained a license from the Federal Power Commission pursuant to Section 23 of the Federal Water Power Act of 1920, 16 U.S.C. § 816 , and for further…”
United States v. Appalachian Elec. Power Co., 23 F. Supp. 83 (W.D. Va. 1938).
“It is difficult to ascertain the extent of such investigation as was made by the Power Commission as a basis for a finding as to the effect of defendant’s project, as prescribed by section 23 of the Water Power Act, 16 U.S.C.A. §§ 816 , 817; but it appears that a request was…”
Wisconsin Pub. Serv. Corp. v. Fed. Power Comm'n, 147 F.2d 743 (7th Cir. 1945).
“The argument is based upon § 23 (a) of the Act, as amended, 16 U.S.C.A. § 816 , which provides: “The provisions of this Part shall not be construed as affecting any permit * * * heretofore grant *749 ed * * * or * * * any authority heretofore given pursuant to law * * and upon §…”
Metro. Edison Co. v. Fed. Power Comm'n, 169 F.2d 719 (3rd Cir. 1948).
“We refer also to Section 23 (a), 16 U.S.C.A. § 816 which provides for *723 the licensing by the Commission of projects operating pursuant to purported authority of existing law or under “permit” and which states that “the fair value” of such projects shall “be deemed to be the…”
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