[Senate Report 111-195]
[From the U.S. Government Publishing Office]
Calendar No. 403
111th Congress Report
2d Session SENATE 111-195 =======================================================================
TIME EXTENSION OF A HYDROELECTRIC PROJECT FOR THE AMERICAN FALLS
RESERVOIR
_______
May 24, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3099]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3099) to reinstate and extend the
deadline for commencement of construction of a hydroelectric
project involving the American Falls Reservoir, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 3099 is to reinstate the license for, and
extend the deadline for commencement of construction of a
hydroelectric project involving the American Falls Reservoir in
Idaho.
BACKGROUND AND NEED
On September 26, 2003, the Federal Energy Regulatory
Commission (FERC), licensed the Lateral 993 Project to the
American Falls Reservoir District No. 2 and Big Wood Canal
Company as Federal Energy Regulatory Commission Project No.
12423. In 2005, FERC granted the licensee the maximum, two-year
extension of the license allowed by section 13 of the Federal
Power Act (16 U.S.C. 806). On August 3, 2009, FERC terminated
the license after finding that the project construction had not
commenced by the extended deadline of September 26, 2007.
Legislation is required to reinstate the terminated license and
extend the deadline for commencement of construction of the
proposed hydroelectric project.
LEGISLATIVE HISTORY
Senator Risch introduced S. 3099 on March 10, 2010. The
subcommittee on Water and Power held a hearing on S. 3099 on
April 27, 2010. At its business meeting on May 6, 2010, the
Committee on Energy and Natural Resources ordered S. 3099
favorably reported without amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 6, 2010, by voice vote of a quorum
present, recommends that the Senate pass S. 3099.
SECTION-BY-SECTION ANALYSIS
Section 1 requires FERC, at the request of the licensee for
the project and after reasonable notice and in accordance with
FERC procedures, to reinstate the license issued for FERC
project number 12423 and to extend the time required to
commence the construction of project works for three years
beginning on the date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 3099--A bill to reinstate and extend the deadline for commencement
of construction of a hydroelectric project involving the
American Falls Reservoir
CBO estimates that implementing S. 3099 would have no net
effect on the federal budget. Enacting the bill would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures would not apply. S. 3099 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
S. 3099 would authorize the Federal Energy Regulatory
Commission (FERC) to extend the deadline for beginning
construction of a hydroelectric project (number 12423) in the
American Falls Reservoir in Idaho. The proposed extension could
have a minor impact on FERC's workload. Because FERC recovers
100 percent of its costs through user fees, any change in its
administrative costs would be offset by an equal change in fees
that the commission charges. Therefore, the legislation's
provisions would have no net budgetary impact.
Because FERC's administrative costs are controlled through
annual appropriation acts, enacting S. 3099 would not affect
direct spending or revenues.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3099.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 3099, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 3099, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
Federal Energy
Regulatory Commission,
Washington, DC, April 26, 2010.
Re: S. 3099
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources
Dirksen Senate Office Building, Washington, DC.
Dear Chairman Bingaman: This letter is in response to your
request for my views on S. 3099. That bill would require the
Federal Energy Regulatory Commission to reinstate, and grant a
three-year extension of the commencement of construction
deadline of; the license for the proposed 1.5-megawatt Lateral
993 Hydroelectric Project No. 12423, to be located at the
juncture of the 993 Lateral Canal and the North Gooding Main
Canal, northwest of the town of Shoshone, in Lincoln County,
Idaho.
The Commission issued an original license for this project,
to American Falls Reservoir District No. 2 and Big Wood Canal,
on September 26, 2003. The license provided that the company
was required to commence project construction within two years
of the date of the license, the maximum period permitted by
section 13 of the Federal Power Act. The Commission
subsequently granted a two-year extension of the commencement
of construction deadline, again the maximum authorized by
section 13. Construction had not commenced when that deadline
expired, on September 26, 2007. Section 13 provides that, when
construction has not timely commenced, the Commission must
terminate the license. The Commission terminated the license by
order dated August 3, 2009.
I and the last several Commission Chairmen have taken the
position of not opposing legislation that would extend the
commencement of construction deadline up to 10 years from the
date that the license in question was issued. Where proposed
extensions would run beyond that time, there has been a sense
that the public interest is better served by releasing the site
for other public uses. Because S. 3099 authorizes the
Commission to grant a three-year extension from the date of the
bill's enactment, assuming that the bill is enacted by
September 26, 2010, thus extending the commencement of
construction deadline to ten years from when the license was
issued, I do not oppose the bill.
If I can be of further assistance to you on this or any
other Commission matter, please let me know.
Sincerely,
Jon Wellinghoff,
Chairman.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 3099, as ordered
reported.