89–010 

Calendar No. 404 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–196 

TIME EXTENSION OF A HYDROELECTRIC PROJECT FOR 

THE LITTLE WOOD RIVER RANCH 

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. 3100] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 3100) 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. 3100 is to reinstate the license for, 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 2008, the licensee requested and FERC granted the single, twoyear extension of the commencement of construction deadline 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. As of April 

26, 2010, FERC had not yet taken steps to terminate the license. 

Legislation is required to further extend the deadline for commencement of construction of the proposed hydroelectric project or 

to reinstate the terminated license if it has been terminated prior 

to enactment and extend the construction commencement deadline. 

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LEGISLATIVE HISTORY

Senator Risch introduced S. 3100 on March 10, 2010. The subcommittee on Water and Power held a hearing on S. 3100 on April 

27, 2010. At its business meeting on May 6, 2010, the Committee 

on Energy and Natural Resources ordered S. 3100 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. 3100. 

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. 3100—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. 3100 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. 3100 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. 3100 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. 3100 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 

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of the regulatory impact which would be incurred in carrying out 

S. 3100. 

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. 3100, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 3100, 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. 3100 

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. 3100. 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 of 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 has not yet taken any steps to do so. 

I and the last several Commission Chairmen have taken the position of not opposing legislation that would extend the commencement of construction 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. 3100 authorizes 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 eight 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. 3100, as ordered reported. 

Æ 

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