Page:United States Statutes at Large Volume 101 Part 3.djvu/152

 101 STAT. 1450

PUBLIC LAW 100-216—DEC. 29, 1987

Public Law 100-216 100th Congress An Act Dec. 29, 1987 [H.R. 519]

To direct the Federal Energy Regulatory Commission to issue an order with respect to Docket No. EL-85-38-000.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FERC ORDER.

(a) ISSUANCE OF ORDER.—Notwithstanding the petition filed by the Idaho Power Company on November 26, 1984, with the Federal Energy Regulatory Commission for a declaratory order concerning an Agreement dated October 25, 1984 (Exhibit A, Petition of Idaho Power Company for Declaratory Order, FERC Docket No. EL-8538-000), relative to the projects of such company specifically referenced in the petition, the Federal Energy Regulatory Commission is authorized and directed, in lieu of the petition request, to issue an order under the Federal Power Act providing that such Agreement shall not be considered by the Commission, in any subsequent proceeding before the Commission during the remaining term of the licenses applicable to such projects, to be either— (1) inconsistent with the terms and conditions of such licenses concerning the retention of project property; or (2) imprudent for purposes of section 205 of the Federal Power Act. The order, subject to the requirements of section 3(a)(2), shall be issued within 90 calendar days after enactment of this Act and shall take effect on the date provided in section 3. (b) CONSIDERATION OF OTHER MATTERS.—Notwithstanding the issuance of an order pursuant to this section, except for the specific terms and conditions referred to in subsection (a)(1) and the specific provisions of the Federal Power Act referred to in subsection (a)(2), the Commission may, at any time, consider, in accordance with existing and applicable law, whether the settlement agreement and the licensee are in full compliance with— (1) any terms and conditions of the license (including those Fish and fishing. Wildlife. relating to the protection, mitigation, and enhancement of fish and wildlife), and (2) any other applicable provision of Federal environmental Environment. law (including section 10 of the Federal Power Act). (c) OFFERS OF SETTLEMENT.—In issuing an order pursuant to this section, the Commission shall accept and adopt as part of the order the Offers of Settlement pending before the Commission on enactment of this Act between the licensee, the State of Idaho, the Secretary of the Interior, the National Marine Fisheries Service and others. Idaho. Contracts.

SEC. 2. SAVINGS PROVISION. Idaho.

(a) FISH AND WILDLIFE AGREEMENTS AND STIPULATIONS.—Nothing

in section 1 or in any order issued by the Commission pursuant to section 1 shall be construed as affecting any stipulation or other

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