89–010 

Calendar No. 403 

111TH CONGRESS REPORT " ! SENATE 2d Session 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. 


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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 busi- ness 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 ef- fect 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 Commis- sion (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 an- nual 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. 


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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. 


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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. 

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