Page:United States Statutes at Large Volume 100 Part 2.djvu/155

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1257

institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. "(6)(A) Notwithstanding the provisions of title 28, United States Code, or of this Act, the Commission may be represented by the general counsel of the Commission (or any attorney or attorneys within the Commission designated by the Chairman) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under paragraph (5)) in a court of the United States or in any other court, except the Supreme Court. However, the Commission or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. "(B) The Commission shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph.". SEC. 13. ANTITRUST LAWS.

Section 10(h) of the Federal Power Act is amended by inserting 16 USC 803. "(1)" after "(h)" and by adding the following new paragraph at the end thereof: "(2) That conduct under the license that: (A) results in the contravention of the policies expressed in the antitrust laws; and (B) is not otherwise justified by the public interest considering regulatory policies expressed in other applicable law (including but not limited to those contained in Part II of this Act) shall be prevented or adequately minimized by means of conditions included in the license prior to its issuance. In the event it is impossible to prevent or adequately minimize the contravention, the Commission shall refuse to issue any license to the applicant for the project and, in the case of an existing project, shall take appropriate action to provide thereafter for the operation and maintenance of the affected project and for the issuing of a new license in accordance with section 15 of this Part.". SEC. 14. LANDOWNER NOTIFICATION. Section 9 of the Federal Power Act is amended by inserting "(a)" after "9", by redesignating existing subsections (a) and (b) as paragraphs (1) and (2), and by adding the following at the end thereof: "(b) Upon the Hling of any application for a license (other than a license under section 15) the applicant shall make a good faith effort to notify each of the following by certified mail: ' (1) Any person who is an owner of record of any interest in the property within the bounds of the project. "(2) Any Federal, State, municipal or other local governmental agency likely to be interested in or affected by such application.". SEC. 15. APPLICATIONS FOR CERTAIN ORDERS UNDER FEDERAL POWER ACT. Section 211(c)(2)(B) of the Federal Power Act is amended by adding the following before the period: ": Provided, That nothing in this subparagraph shall prevent an application for an order hereunder

16 USC 802.

16 USC 808.

State and local governments.

16 USC 824j.

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