HAYNSWORTH, Senior Circuit Judge:
The question is whether Aquenergy is required to apply to the Commission and obtain a license for the operation of a small hydroelectric project. The answer to that question, in turn, depends upon whether certain "construction" activity in 1984-1985 was post-1935 construction within the meaning of § 23(b) of the Federal Power Act of 1935. 16 U.S.C.A. § 817(1) (West Supp.1988). The Commission ruled that it was and asserted...
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