---
kind: "section"
citation: "16 U.S.C. § 808"
title: "16"
title_heading: "Conservation"
number: "808"
heading: "New licenses and renewals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/808"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter I — Regulation of the Development of Water Power and Resources"
---

# §808. New licenses and renewals

- (a) **Relicensing procedures; terms and conditions; issuance to applicant with proposal best adapted to serve public interest; factors considered—**
  - (1) If the United States does not, at the expiration of the existing license, exercise its right to [take](/usc/16/3102.md?p=18) over, maintain, and operate any [project](/usc/16/796.md?p=11) or [projects](/usc/16/796.md?p=11) of the [licensee](/usc/16/796.md?p=5), as provided in [section 807 of this title](/usc/16/807.md), the [commission](/usc/16/544.md?p=c) is authorized to issue a new license to the existing [licensee](/usc/16/796.md?p=5) upon such terms and conditions as may be authorized or required under the then existing laws and regulations, or to issue a new license under said terms and conditions to a new [licensee](/usc/16/796.md?p=5), which license may cover any [project](/usc/16/796.md?p=11) or [projects](/usc/16/796.md?p=11) covered by the existing license, and shall be issued on the condition that the new [licensee](/usc/16/796.md?p=5) shall, before [taking](/usc/16/3102.md?p=18) possession of such [project](/usc/16/796.md?p=11) or [projects](/usc/16/796.md?p=11), pay such amount, and assume such contracts as the United States is required to do in the manner specified in [section 807 of this title](/usc/16/807.md): Provided, That in the event the United States does not exercise the right to [take](/usc/16/3102.md?p=18) over or does not issue a license to a new [licensee](/usc/16/796.md?p=5), or issue a new license to the existing [licensee](/usc/16/796.md?p=5), upon reasonable terms, then the [commission](/usc/16/544.md?p=c) shall issue from year to year an annual license to the then [licensee](/usc/16/796.md?p=5) under the terms and conditions of the existing license until the property is taken over or a new license is issued as aforesaid.
  - (2) Any new license issued under this section shall be issued to the applicant having the final proposal which the [Commission](/usc/16/544.md?p=c) determines is best adapted to serve the public interest, except that in making this determination the [Commission](/usc/16/544.md?p=c) shall ensure that insignificant differences with regard to subparagraphs (A) through (G) of this paragraph between competing applications are not determinative and shall not result in the transfer of a [project](/usc/16/796.md?p=11). In making a determination under this section (whether or not more than one application is submitted for the [project](/usc/16/796.md?p=11)), the [Commission](/usc/16/544.md?p=c) shall, in [addition](/usc/16/410r–5.md?p=c-2) to the requirements of [section 803 of this title](/usc/16/803.md), consider (and explain such consideration in writing) each of the following:
    - (A) The plans and abilities of the applicant to comply with (i) the articles, terms, and conditions of any license issued to it and (ii) other applicable provisions of this subchapter.
    - (B) The plans of the applicant to manage, operate, and maintain the [project](/usc/16/796.md?p=11) safely.
    - (C) The plans and abilities of the applicant to operate and maintain the [project](/usc/16/796.md?p=11) in a manner most likely to provide efficient and reliable electric service.
    - (D) The need of the applicant over the short and long term for the electricity generated by the [project](/usc/16/796.md?p=11) or [projects](/usc/16/796.md?p=11) to serve its customers, including, among other relevant considerations, the reasonable costs and reasonable availability of alternative sources of power, [taking](/usc/16/3102.md?p=18) into consideration conservation and other relevant factors and [taking](/usc/16/3102.md?p=18) into consideration the effect on the provider (including its customers) of the alternative source of power, the effect on the applicant’s operating and load characteristics, the effect on communities served or to be served by the [project](/usc/16/796.md?p=11), and in the case of an applicant using power for the applicant’s own industrial facility and related operations, the effect on the operation and efficiency of such facility or related operations, its workers, and the related community. In the case of an applicant that is an Indian tribe applying for a license for a [project](/usc/16/796.md?p=11) located on the tribal reservation, a statement of the need of such tribe for electricity generated by the [project](/usc/16/796.md?p=11) to foster the purposes of the reservation may be included.
    - (E) The existing and planned transmission services of the applicant, [taking](/usc/16/3102.md?p=18) into consideration system reliability, costs, and other applicable economic and technical factors.
    - (F) Whether the plans of the applicant will be achieved, to the greatest extent possible, in a cost effective manner.
    - (G) Such other factors as the [Commission](/usc/16/544.md?p=c) may deem relevant, except that the terms and conditions in the license for the protection, mitigation, or enhancement of [fish and wildlife](/usc/16/3102.md?p=17) resources affected by the development, operation, and management of the [project](/usc/16/796.md?p=11) shall be determined in accordance with [section 803 of this title](/usc/16/803.md), and the plans of an applicant concerning [fish and wildlife](/usc/16/3102.md?p=17) shall not be subject to a comparative evaluation under this subsection.
  - (3) In the case of an application by the existing [licensee](/usc/16/796.md?p=5), the [Commission](/usc/16/544.md?p=c) shall also [take](/usc/16/3102.md?p=18) into consideration each of the following:
    - (A) The existing [licensee](/usc/16/796.md?p=5)’s record of compliance with the terms and conditions of the existing license.
    - (B) The actions taken by the existing [licensee](/usc/16/796.md?p=5) related to the [project](/usc/16/796.md?p=11) which affect the public.
- (b) **Notification of intention regarding renewal; public availability of documents; notice to public and Federal agencies; identification of Federal or Indian lands included; additional information required—**
  - (1) Each existing [licensee](/usc/16/796.md?p=5) shall notify the [Commission](/usc/16/544.md?p=c) whether the [licensee](/usc/16/796.md?p=5) intends to file an application for a new license or not. Such notice shall be submitted at least 5 years before the expiration of the existing license.
  - (2) At the time notice is provided under [paragraph (1)](#b-1), the existing [licensee](/usc/16/796.md?p=5) shall make each of the following reasonably available to the public for inspection at the offices of such [licensee](/usc/16/796.md?p=5): current [maps](/usc/16/430f–7.md?p=1), drawings, data, and such other information as the [Commission](/usc/16/544.md?p=c) shall, by rule, require regarding the construction and operation of the licensed [project](/usc/16/796.md?p=11). Such information shall include, to the greatest extent practicable pertinent energy conservation, recreation, [fish and wildlife](/usc/16/3102.md?p=17), and other environmental information. Copies of the information shall be made available at reasonable costs of reproduction. Within 180 days after October 16, 1986, the [Commission](/usc/16/544.md?p=c) shall promulgate regulations regarding the information to be provided under this paragraph.
  - (3) Promptly following receipt of notice under [paragraph (1)](#b-1), the [Commission](/usc/16/544.md?p=c) shall provide public notice of whether an existing [licensee](/usc/16/796.md?p=5) intends to file or not to file an application for a new license. The [Commission](/usc/16/544.md?p=c) shall also promptly notify the National Marine Fisheries Service and the United States [Fish and Wildlife](/usc/16/3102.md?p=17) Service, and the appropriate [State](/usc/16/796.md?p=6) [fish and wildlife](/usc/16/3102.md?p=17) agencies.
  - (4) The [Commission](/usc/16/544.md?p=c) shall require the applicant to identify any Federal or Indian lands included in the [project](/usc/16/796.md?p=11) boundary, together with a statement of the annual fees paid as required by this subchapter for such lands, and to provide such additional information as the [Commission](/usc/16/544.md?p=c) deems appropriate to carry out the [Commission](/usc/16/544.md?p=c)’s responsibilities under this section.
- (c) **Time of filing application; consultation and participation in studies with fish and wildlife agencies; notice to applicants; adjustment of time periods—**
  - (1) Each application for a new license pursuant to this section shall be filed with the [Commission](/usc/16/544.md?p=c) at least 24 months before the expiration of the term of the existing license. Each applicant shall consult with the [fish and wildlife](/usc/16/3102.md?p=17) agencies referred to in [subsection (b)](#b) and, as appropriate, conduct studies with such agencies. Within 60 days after the statutory deadline for the submission of applications, the [Commission](/usc/16/544.md?p=c) shall issue a notice establishing expeditious procedures for relicensing and a deadline for submission of final amendments, if any, to the application.
  - (2) The time periods specified in this subsection and in [subsection (b)](#b) shall be adjusted, in a manner that achieves the objectives of this section, by the [Commission](/usc/16/544.md?p=c) by rule or order with respect to existing [licensees](/usc/16/796.md?p=5) who, by reason of the expiration dates of their licenses, are unable to comply with a specified time period.
- (d) **Adequacy of transmission facilities; provision of services to successor by existing licensee; tariff; final order; modification, extension or termination of order—**
  - (1) In evaluating applications for new licenses pursuant to this section, the [Commission](/usc/16/544.md?p=c) shall not consider whether an applicant has adequate transmission facilities with regard to the [project](/usc/16/796.md?p=11).
  - (2) When the [Commission](/usc/16/544.md?p=c) issues a new license (pursuant to this section) to an applicant which is not the existing [licensee](/usc/16/796.md?p=5) of the [project](/usc/16/796.md?p=11) and finds that it is not feasible for the new [licensee](/usc/16/796.md?p=5) to utilize the energy from such [project](/usc/16/796.md?p=11) without provision by the existing [licensee](/usc/16/796.md?p=5) of reasonable services, including transmission services, the [Commission](/usc/16/544.md?p=c) shall give notice to the existing [licensee](/usc/16/796.md?p=5) and the new [licensee](/usc/16/796.md?p=5) to immediately enter into negotiations for such services and the costs demonstrated by the existing [licensee](/usc/16/796.md?p=5) as being related to the provision of such services. It is the intent of the Congress that such negotiations be carried out in good faith and that a timely agreement be reached between the parties in order to facilitate the transfer of the license by the date established when the [Commission](/usc/16/544.md?p=c) issued the new license. If such parties do not notify the [Commission](/usc/16/544.md?p=c) that within the time established by the [Commission](/usc/16/544.md?p=c) in such notice (and if appropriate, in the judgment of the [Commission](/usc/16/544.md?p=c), one 45-day extension thereof), a mutually satisfactory arrangement for such services that is consistent with the provisions of this chapter has been executed, the [Commission](/usc/16/544.md?p=c) shall order the existing [licensee](/usc/16/796.md?p=5) to file (pursuant to [section 824d of this title](/usc/16/824d.md)) with the [Commission](/usc/16/544.md?p=c) a tariff, subject to refund, ensuring such services beginning on the date of transfer of the [project](/usc/16/796.md?p=11) and including just and reasonable rates and reasonable terms and conditions. After notice and opportunity for a hearing, the [Commission](/usc/16/544.md?p=c) shall issue a final order adopting or modifying such tariff for such services at just and reasonable rates in accordance with [section 824d of this title](/usc/16/824d.md) and in accordance with reasonable terms and conditions. The [Commission](/usc/16/544.md?p=c), in issuing such order, shall ensure the services necessary for the full and efficient utilization and benefits for the license term of the electric energy from the [project](/usc/16/796.md?p=11) by the new [licensee](/usc/16/796.md?p=5) in accordance with the license and this subchapter, except that in issuing such order the [Commission](/usc/16/544.md?p=c)—
    - (A) shall not compel the existing [licensee](/usc/16/796.md?p=5) to enlarge generating facilities, transmit electric energy other than to the distribution system (providing service to customers) of the new [licensee](/usc/16/796.md?p=5) identified as of the date one day preceding the date of license award, or require the [acquisition](/usc/16/620e.md?p=1) of new facilities, including the upgrading of existing facilities other than any reasonable enhancement or improvement of existing facilities controlled by the existing [licensee](/usc/16/796.md?p=5) (including any [acquisition](/usc/16/620e.md?p=1) related to such enhancement or improvement) necessary to carry out the purposes of this paragraph;
    - (B) shall not adversely affect the continuity and reliability of service to the customers of the existing [licensee](/usc/16/796.md?p=5);
    - (C) shall not adversely affect the operational integrity of the transmission and electric systems of the existing [licensee](/usc/16/796.md?p=5);
    - (D) shall not cause any reasonably quantifiable increase in the jurisdictional rates of the existing [licensee](/usc/16/796.md?p=5); and
    - (E) shall not order any entity other than the existing [licensee](/usc/16/796.md?p=5) to provide transmission or other services.

    Such order shall be for such period as the [Commission](/usc/16/544.md?p=c) deems appropriate, not to exceed the term of the license. At any time, the [Commission](/usc/16/544.md?p=c), upon its own motion or upon a petition by the existing or new [licensee](/usc/16/796.md?p=5) and after notice and opportunity for a hearing, may modify, extend, or terminate such order.

- (e) **License term on relicensing—** Except for an annual license, any license issued by the [Commission](/usc/16/544.md?p=c) under this section shall be for a term which the [Commission](/usc/16/544.md?p=c) determines to be in the public interest but not less than 30 years, nor more than 50 years, from the date on which the license is issued.
- (f) **Nonpower use licenses; recordkeeping—** In issuing any licenses under this section except an annual license, the [Commission](/usc/16/544.md?p=c), on its own motion or upon application of any [licensee](/usc/16/796.md?p=5), [person](/usc/16/796.md?p=4), [State](/usc/16/796.md?p=6), [municipality](/usc/16/796.md?p=7), or [State commission](/usc/16/796.md?p=15), after notice to each [State commission](/usc/16/796.md?p=15) and [licensee](/usc/16/796.md?p=5) affected, and after opportunity for hearing, whenever it finds that in conformity with a comprehensive plan for improving or developing a waterway or waterways for beneficial public uses all or part of any licensed [project](/usc/16/796.md?p=11) should no longer be used or adapted for use for power purposes, may license all or part of the [project works](/usc/16/796.md?p=12) for nonpower use. A license for nonpower use shall be issued to a new [licensee](/usc/16/796.md?p=5) only on the condition that the new [licensee](/usc/16/796.md?p=5) shall, before [taking](/usc/16/3102.md?p=18) possession of the facilities encompassed thereunder, pay such amount and assume such contracts as the United States is required to do, in the manner specified in [section 807 of this title](/usc/16/807.md). Any license for nonpower use shall be a temporary license. Whenever, in the judgment of the [Commission](/usc/16/544.md?p=c), a [State](/usc/16/796.md?p=6), [municipality](/usc/16/796.md?p=7), interstate agency, or another Federal agency is authorized and willing to assume regulatory supervision of the lands and facilities included under the nonpower license and does so, the [Commission](/usc/16/544.md?p=c) shall thereupon terminate the license. Consistent with the provisions of subchapter IV of this chapter, every [licensee](/usc/16/796.md?p=5) for nonpower use shall keep such accounts and file such annual and other periodic or special reports concerning the removal, alteration, nonpower use, or other disposition of any [project works](/usc/16/796.md?p=12) or parts thereof covered by the nonpower use license as the [Commission](/usc/16/544.md?p=c) may by rules and regulations or order prescribe as necessary or appropriate.

## Source credit

(June 10, 1920, ch. 285, pt. I, § 15, 41 Stat. 1072; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Pub. L. 90–451, § 3, Aug. 3, 1968, 82 Stat. 617; Pub. L. 99–495, §§ 4(a), (b)(1), 5, Oct. 16, 1986, 100 Stat. 1245, 1248.)

## Notes

### Editorial Notes

### Amendments

1986—Subsec. (a). Pub. L. 99–495, § 4(a), (b)(1), designated existing provisions as par. (1), substituted “existing” for “original” wherever appearing, and added pars. (2) and (3).

Subsecs. (b) to (f). Pub. L. 99–495, §§ 4(a), 5, added subsecs. (b) to (e) and redesignated former subsec. (b) as (f).

1968—Pub. L. 90–451 designated existing provisions as subsec. (a) and added subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1986 Amendment

Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.