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[Senate Report 112-53]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 133
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-53

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                        LITTLE WOOD RIVER RANCH

                                _______
                                

  August 30 (legislative day, August 2), 2011.--Ordered to be printed

  Filed, under authority of the order of the Senate of August 2, 2011.

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 333]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 333) to reinstate and extend the deadline 
for commencement of construction of a hydroelectric project 
involving the Little Wood River Ranch, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 333 is to reinstate and extend the 
deadline for commencement of construction of a hydroelectric 
project involving the Little Wood River Ranch in Idaho.

                          BACKGROUND AND NEED

    On March 17, 2006, the Federal Energy Regulatory Commission 
(FERC) licensed the Little Wood River Ranch II Project No. 
12063 in Idaho. In 2008, the licensee requested, and FERC 
granted, a two-year extension of the commencement of 
construction deadline as permitted by section 13 of the Federal 
Power Act (16 U.S.C. 806). The extension required that 
construction commence by March 16, 2010, but as of that date, 
construction had not commenced and FERC subsequently terminated 
the license.
    Legislation is required to reinstate the terminated license 
and extend the construction commencement deadline.

                          LEGISLATIVE HISTORY

    Senator Risch introduced S. 333 on February 14, 2011. The 
bill is co-sponsored by Senator Crapo. The Subcommittee on 
Water and Power of the Committee on Energy and Natural 
Resources held a hearing on S. 333 on May 19, 2011, and 
considered the bill at its business meeting on July 14, 2011. 
The Committee ordered S. 333 favorably reported without 
amendment, at its business meeting on July 14, 2011.
    During the 111th Congress, the Committee considered 
identical legislation, S. 3100, sponsored by Senator Risch. The 
Subcommittee on Water and Power held a hearing on S. 3100 on 
April 27, 2010 (S. Hrg. 111-619). The Committee ordered S. 3100 
favorably reported without amendment on May 6, 2010 (S. Rpt. 
111-196).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 14, 2011, by voice vote of a 
quorum present, recommends that the Senate pass S. 333.

                      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 extend the time period required to commence 
the construction of project works for three years beginning on 
the date of enactment, or if the license for FERC Project No. 
12063 has been terminated prior to enactment, to reinstate the 
license issued for the project and extend the time period 
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. 333--A bill to reinstate and extend the deadline for commencement of 
        construction of a hydroelectric project involving the Little 
        Wood River Ranch

    CBO estimates that implementing S. 333 would have no net 
effect on the federal budget. The bill would authorize the 
Federal Energy Regulatory Commission (FERC) to extend the 
deadline for beginning construction of a hydroelectric project 
(number 12063) in Lincoln County, Idaho. The proposed extension 
could have a small 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. 333 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    S. 333 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.
    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. 333.
    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. 333, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 333, 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

    The testimony provided by the Federal Energy Regulatory 
Commission, at the May 19, 2011, Subcommittee hearing on S. 333 
follows:
              Federal Energy Regulatory Commission,
                                      Washington, DC, May 18, 2011.
Re: S. 333
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. 333. That bill would require the 
Federal Energy Regulatory Commission to grant a three-year 
extension of the commencement of construction deadline for the 
proposed 1.5-megawatt Little Wood River Ranch II Hydroelectric 
Project No. 12063, to be located on the Little Wood River, near 
the town of Shoshone, in Lincoln County, Idaho, and to 
reinstate the project license if necessary.
    The Commission issued an original license for this project, 
to William Arkoosh, on March 17, 2006. 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 March 16, 2010. Section 13 provides 
that, when construction has not timely commenced, the 
Commission must terminate the license. The Commission issued an 
order terminating the license on February 8, 2011.
    I and the last several Commission Chairmen have taken the 
position of not opposing legislation that would extend the 
commencement of construction deadline no further than 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. 333 requires the 
Commission to grant a three-year extension from the date of the 
bill's enactment, thus (assuming enactment during this session 
of Congress) extending the commencement of construction 
deadline to less than 10 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. 333, as ordered 
reported.

                                  
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