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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 18 - Conservation of Power and Water Resources |
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Chapter I - Federal Energy Regulatory Commission, Department of Energy |
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SubChapter B - Regulations Under the Federal Power Act |
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Part 16 - Procedures Relating to Takeover and Relicensing of Licensed Projects |
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Subpart C - Takeover Provisions for Projects Subject to Sections 14 and 15 of the Federal Power Act |
§ 16.16 - Motion for stay by Federal department or agency.
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§ 16.16 Motion for stay by Federal department or agency.
(a) Within 30 days of the date on which an order granting a new license or exemption is issued, a Federal department or agency that has filed a takeover recommendation under § 16.14 may file a motion under § 385.212 of this chapter to request a stay of the effective date of the license or exemption order.
(b)
(1) If a Federal department or agency files a motion under paragraph (a), the Commission will stay the effective date of the order issuing the license or exemption for two years.
(2) The stay issued under paragraph (b)(1) of this section may be terminated either:
(i) Upon motion of the department or agency that requested the stay; or
(ii) By action of Congress.
(c) The Commission will notify Congress if:
(1) An order granting a stay under paragraph (b)(1) of this section is issued;
(2) Any license or exemption order becomes effective by reason of the termination of a stay; or
(3) Any license or exemption order becomes effective by reason of the expiration of a stay.
(d) The Commission's order granting the license or exemption will automatically become effective:
(1) Thirty days after issuance, if no request for stay is filed, provided that no appeal or rehearing is filed;
(2) When the period of the stay expires; or
(3) When the stay is terminated under paragraph (b)(2) of this section.
[Order 513, 54 FR 23806, June 2, 1989, as amended by Order 699, 72 FR 45324, Aug. 14, 2007]