99–010 

Calendar No. 133 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–53 

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. 

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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. 

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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 commencemstockstill on DSK4VPTVN1PROD with HEARINGS

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ment 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. 

Æ 

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