instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
with the Federal Energy Regulatory Commission and learned that the federal license "will not change upon renewal." 4 . The position statement included an Administrator's Memorandum, dated June 19, 1986, indicating how regional offices should handle approval of permits for hydropower purposes. The memorandum indicates that when dealing with a hydropower application coming within FERC jurisdiction, departmental staff need to be aware of FERC licensing conditions for the facility in question. An attachment to the memorandum shows standard conditions of approval for a state water rights permit and the language of one of such conditions is that which was incorporated into the license at issue in this case. The memorandum notes that an applicant "can request Department action on 0-41 (1969) (<HOLDING>). 7 . It was also after the enactment of I.C. § 
 Holding statements: (A) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (B) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (C) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use (D) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (E) recognizing the right to use water to generate power
answer:
holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use


question:
misconduct “that has affected the grand jury’s charging decision and is brought to the attention of the trial court before the commencement of trial”). The defendant suggests that Benjamin should not be applied retroactively to bar her claim. See Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07, 92 S.Ct. 349, 355, 30 L.Ed.2d 296 (1971) (setting forth a three-part test for determining whether a judicial decision should be applied retroactively). We sympathize with the defendant’s belief that retroactive application of Benjamin to preclude any appeal would “pro duce substantial inequitable results.” Id. at 107, 92 S.Ct. at 355 (quoting Cipriano v. City of Houma, 395 U.S. 701, 706, 89 S.Ct. 1897, 1900, 23 L.Ed.2d 647 (1968)); cf. Gibson v. United States, 781 F.2d 1334, 1339-40 (9th Cir.1986) (<HOLDING>), cert. denied, _ U.S. _, 107 S.Ct. 928, 93 
 Holding statements: (A) holding that a shortened statute of limitations should not be applied retroactively as to bar otherwise valid civil claims (B) holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void (C) holding amendment to statute of limitations was a procedural amendment to be applied retroactively in a medical malpractice case (D) holding statute that extended statute of limitations for certain criminal sexual conduct could not be applied retroactively to a prosecution commenced after the limitations statute in effect at the time of the alleged offense had expired (E) holding generally that new rules of law should not be applied retroactively in habeas corpus cases
answer:
holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void


question:
or otherwise resolved and are not at issue in this appeal. 2 . We have omitted internal quotation marks, alterations, and citations here and throughout this opinion, unless otherwise noted. 3 . In light of this holding, we need not address the parties’ arguments concerning the district court’s additional grounds for granting DirecTV’s motion, that the phone calls were not "in or affecting commerce.” 4 . In its reply brief, Exclaim argues DirecTV did not satisfy this burden because it demonstrated total profits, while the statute should be inteipreted to require a plaintiff to show profits relating to the infringing activity. Because that argument is raised for the first time in the reply brief, we do not consider it. See Cavallo v. Star Enter., 100 F.3d 1150, 1152 n.2 (4th Cir. 1996) 
 Holding statements: (A) holding that an issue first argued in a reply brief is not properly before a court of appeals (B) holding issues raised for the first time in a reply brief are not properly before this court (C) holding that issue raised for the first time in reply brief was waived (D) holding that this court will not address the merits of an issue presented for the first time in a reply brief (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief
answer:

holding issues raised for the first time in a reply brief are not properly before this court


