89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–502 

HOOVER POWER ALLOCATION ACT OF 2010 

MAY 28, 2010.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4349] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4349) to further allocate and expand the availability of 

hydroelectric power generated at Hoover Dam, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Hoover Power Allocation Act of 2010’’. 

SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 

(a) SCHEDULE A POWER.—Section 105(a)(1)(A) of the Hoover Power Plant Act of 

1984 (43 U.S.C. 619a(a)(1)(A)) is amended— 

(1) by striking ‘‘renewal’’; 

(2) by striking ‘‘June 1, 1987’’ and inserting ‘‘October 1, 2017’’; and 

(3) by striking Schedule A and inserting the following: 

‘‘Schedule A 

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

Metropolitan Water District of Southern California ....................... 249,948 859,163 368,212 1,227,375

City of Los Angeles ........................................................................ 495,732 464,108 199,175 663,283

Southern California Edison Company ............................................ 280,245 166,712 71,448 238,160

City of Glendale ............................................................................. 18,178 45,028 19,297 64,325


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‘‘Schedule A—Continued 

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

City of Pasadena ............................................................................ 11,108 38,622 16,553 55,175

City of Burbank .............................................................................. 5,176 14,070 6,030 20,100

Arizona Power Authority ................................................................. 190,869 429,582 184,107 613,689

Colorado River Commission of Nevada ......................................... 190,869 429,582 184,107 613,689

United States, for Boulder City ..................................................... 20,198 53,200 22,800 76,000

Totals .............................................................................................. 1,462,323 2,500,067 1,071,729 3,571,796’’. 

(b) SCHEDULE B POWER.—Section 105(a)(1)(B) of the Hoover Power Plant Act of 

1984 (43 U.S.C. 619a(a)(1)(B)) is amended to read as follows: 

‘‘(B) To each existing contractor for power generated at Hoover Dam, a contract, 

for delivery commencing October 1, 2017, of the amount of contingent capacity and 

firm energy specified for that contractor in the following table: 

‘‘Schedule B 

Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

City of Glendale .............................................................................. 2,020 2,749 1,194 3,943

City of Pasadena .............................................................................. 9,089 2,399 1,041 3,440

City of Burbank ................................................................................ 15,149 3,604 1,566 5,170

City of Anaheim ............................................................................... 40,396 34,442 14,958 49,400

City of Azusa .................................................................................... 4,039 3,312 1,438 4,750

City of Banning ................................................................................ 2,020 1,324 576 1,900

City of Colton ................................................................................... 3,030 2,650 1,150 3,800

City of Riverside ............................................................................... 30,296 25,831 11,219 37,050

City of Vernon .................................................................................. 22,218 18,546 8,054 26,600

Arizona .............................................................................................. 189,860 140,600 60,800 201,400

Nevada ............................................................................................. 189,860 273,600 117,800 391,400

Totals ................................................................................................ 507,977 509,057 219,796 728,853’’. 

(c) SCHEDULE C POWER.—Section 105(a)(1)(C) of the Hoover Power Plant Act of 

1984 (43 U.S.C. 619a(a)(1)(C)) is amended— 

(1) by striking ‘‘June 1, 1987’’ and inserting ‘‘October 1, 2017’’; and 

(2) by striking Schedule C and inserting the following: 

‘‘Schedule C 

Excess Energy 

Priority of entitlement to excess energy State 

First: Meeting Arizona’s first priority right to delivery of excess energy which is 

equal in each year of operation to 200 million kilowatthours: Provided, That in 

the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to 

delivery of excess energy subsequently generated in an amount not to exceed 

600 million kilowatthours, inclusive of the current year’s 200 million 

kilowatthours. Said first right of delivery shall accrue at a rate of 200 million 

kilowatthours per year for each year excess energy in an amount of 200 million 

kilowatthours is not generated, less amounts of excess energy delivered. .......... Arizona 

Second: Meeting Hoover Dam contractual obligations under Schedule A of subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year 

of operation. ........................................................................................................... Arizona, Nevada, and California 


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‘‘Schedule C—Continued 

Excess Energy 

Priority of entitlement to excess energy State 

Third: Meeting the energy requirements of the three States, such available excess 

energy to be divided equally among the States. ................................................... Arizona, Nevada, and California’’. 

(d) SCHEDULE D POWER.—Section 105(a) of the Hoover Power Plant Act of 1984 

(43 U.S.C. 619a(a)) is amended— 

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and 

(5), respectively; and 

(2) by inserting after paragraph (1) the following: 

‘‘(2)(A) The Secretary of Energy is authorized to and shall create from the apportioned allocation of contingent capacity and firm energy adjusted from the amounts 

authorized in this Act in 1984 to the amounts shown in Schedule A and Schedule 

B, as modified by the Hoover Power Allocation Act of 2010, a resource pool equal 

to 5 percent of the full rated capacity of 2,074,000 kilowatts, and associated firm 

energy, as shown in Schedule D (referred to in this section as ‘Schedule D contingent capacity and firm energy’): 

‘‘Schedule D 

Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees 

State 

Contingent capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

New Entities Allocated by the Secretary of Energy ......................... 69,170 105,637 45,376 151,013 

New Entities Allocated by State 

Arizona .............................................................................................. 11,510 17,580 7,533 25,113

California ........................................................................................ 11,510 17,580 7,533 25,113 

Nevada ............................................................................................. 11,510 17,580 7,533 25,113 

Totals ................................................................................................ 103,700 158,377 67,975 226,352 

‘‘(B) The Secretary of Energy shall offer Schedule D contingency capacity and firm 

energy to entities not receiving contingent capacity and firm energy under subparagraphs (A) and (B) of paragraph (1) (referred to in this section as ‘new allottees’) 

for delivery commencing October 1, 2017 pursuant to this subsection. In this subsection, the term ‘the marketing area for the Boulder City Area Projects’ shall have 

the same meaning as in appendix A of the General Consolidated Power Marketing 

Criteria or Regulations for Boulder City Area Projects published in the Federal Register on December 28, 1984 (49 Federal Register 50582 et seq.) (referred to in this 

section as the ‘Criteria’). 

‘‘(C)(i) Within 36 months of the date of enactment of the Hoover Power Allocation 

Act of 2010, the Secretary of Energy shall allocate through the Western Area Power 

Administration (referred to in this section as ‘Western’), for delivery commencing 

October 1, 2017, for use in the marketing area for the Boulder City Area Projects 

66.7 percent of the Schedule D contingent capacity and firm energy to new allottees 

that are located within the marketing area for the Boulder City Area Projects and 

that are— 

‘‘(I) eligible to enter into contracts under section 5 of the Boulder Canyon 

Project Act (43 U.S.C. 617d); or 

‘‘(II) federally recognized Indian tribes. 

‘‘(ii) In the case of Arizona and Nevada, Schedule D contingent capacity and firm 

energy for new allottees other than federally recognized Indian tribes shall be offered through the Arizona Power Authority and the Colorado River Commission of 

Nevada, respectively. Schedule D contingent capacity and firm energy allocated to 

federally recognized Indian tribes shall be contracted for directly with Western. 

‘‘(D) Within 1 year of the date of enactment of the Hoover Power Allocation Act 

of 2010, the Secretary of Energy also shall allocate, for delivery commencing October 

1, 2017, for use in the marketing area for the Boulder City Area Projects 11.1 percent of the Schedule D contingent capacity and firm energy to each of— 

‘‘(i) the Arizona Power Authority for allocation to new allottees in the State 

of Arizona; 


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‘‘(ii) the Colorado River Commission of Nevada for allocation to new allottees 

in the State of Nevada; and 

‘‘(iii) Western for allocation to new allottees within the State of California, 

provided that Western shall have 36 months to complete such allocation. 

‘‘(E) Each contract offered pursuant to this subsection shall include a provision requiring the new allottee to pay a proportionate share of its State’s respective contribution (determined in accordance with each State’s applicable funding agreement) 

to the cost of the Lower Colorado River Multi-Species Conservation Program (as defined in section 9401 of the Omnibus Public Land Management Act of 2009 (Public 

Law 111–11; 123 Stat. 1327)), and to execute the Boulder Canyon Project Implementation Agreement Contract No. 95–PAO–10616 (referred to in this section as the 

‘Implementation Agreement’). 

‘‘(F) Any of the 66.7 percent of Schedule D contingent capacity and firm energy 

that is to be allocated by Western that is not allocated and placed under contract 

by October 1, 2017, shall be returned to those contractors shown in Schedule A and 

Schedule B in the same proportion as those contractors’ allocations of Schedule A 

and Schedule B contingent capacity and firm energy. Any of the 33.3 percent of 

Schedule D contingent capacity and firm energy that is to be distributed within the 

States of Arizona, Nevada, and California that is not allocated and placed under 

contract by October 1, 2017, shall be returned to the Schedule A and Schedule B 

contractors within the State in which the Schedule D contingent capacity and firm 

energy were to be distributed, in the same proportion as those contractors’ allocations of Schedule A and Schedule B contingent capacity and firm energy.’’. 

(e) TOTAL OBLIGATIONS.—Paragraph (3) of section 105(a) of the Hoover Power 

Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) is 

amended— 

(1) in the first sentence, by striking ‘‘schedule A of section 105(a)(1)(A) and 

schedule B of section 105(a)(1)(B)’’ and inserting ‘‘paragraphs (1)(A), (1)(B), and 

(2)’’; and 

(2) in the second sentence— 

(A) by striking ‘‘any’’ and inserting ‘‘each’’; 

(B) by striking ‘‘schedule C’’ and inserting ‘‘Schedule C’’; and 

(C) by striking ‘‘schedules A and B’’ and inserting ‘‘Schedules A, B, and 

D’’. 

(f) POWER MARKETING CRITERIA.—Paragraph (4) of section 105(a) of the Hoover 

Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) 

is amended to read as follows: 

‘‘(4) Subdivision E of the Criteria shall be deemed to have been modified to conform to this section, as modified by the Hoover Power Allocation Act of 2010. The 

Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of the regulations to such modifications.’’. 

(g) CONTRACT TERMS.—Paragraph (5) of section 105(a) of the Hoover Power Plant 

Act of 1984 (43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) is amended— 

(1) by striking subparagraph (A) and inserting the following: 

‘‘(A) in accordance with section 5(a) of the Boulder Canyon Project Act (43 

U.S.C. 617d(a)), expire September 30, 2067;’’; 

(2) in the proviso of subparagraph (B)— 

(A) by striking ‘‘shall use’’ and inserting ‘‘shall allocate’’; and 

(B) by striking ‘‘and’’ after the semicolon at the end; 

(3) in subparagraph (C), by striking the period at the end and inserting a 

semicolon; and 

(4) by adding at the end the following: 

‘‘(D) authorize and require Western to collect from new allottees a pro rata 

share of Hoover Dam repayable advances paid for by contractors prior to October 1, 2017, and remit such amounts to the contractors that paid such advances 

in proportion to the amounts paid by such contractors as specified in section 6.4 

of the Implementation Agreement; 

‘‘(E) permit transactions with an independent system operator; and 

‘‘(F) contain the same material terms included in section 5.6 of those longterm contracts for purchases from the Hoover Power Plant that were made in 

accordance with this Act and are in existence on the date of enactment of the 

Hoover Power Allocation Act of 2010.’’. 

(h) EXISTING RIGHTS.—Section 105(b) of the Hoover Power Plant Act of 1984 (43 

U.S.C. 619a(b)) is amended by striking ‘‘2017’’ and inserting ‘‘2067’’. 

(i) OFFERS.—Section 105(c) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

619a(c)) is amended to read as follows: 

‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.—If any existing contractor fails to 

accept an offered contract, the Secretary of Energy shall offer the contingent capacity and firm energy thus available first to other entities in the same State listed 


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in Schedule A and Schedule B, second to other entities listed in Schedule A and 

Schedule B, third to other entities in the same State which receive contingent capacity and firm energy under subsection (a)(2) of this section, and last to other entities 

which receive contingent capacity and firm energy under subsection (a)(2) of this 

section.’’. 

(j) AVAILABILITY OF WATER.—Section 105(d) of the Hoover Power Plant Act of 1984 

(43 U.S.C. 619a(d) is amended to read as follows: 

‘‘(d) WATER AVAILABILITY.—Except with respect to energy purchased at the request of an allottee pursuant to subsection (a)(3), the obligation of the Secretary of 

Energy to deliver contingent capacity and firm energy pursuant to contracts entered 

into pursuant to this section shall be subject to availability of the water needed to 

produce such contingent capacity and firm energy. In the event that water is not 

available to produce the contingent capacity and firm energy set forth in Schedule 

A, Schedule B, and Schedule D, the Secretary of Energy shall adjust the contingent 

capacity and firm energy offered under those Schedules in the same proportion as 

those contractors’ allocations of Schedule A, Schedule B, and Schedule D contingent 

capacity and firm energy bears to the full rated contingent capacity and firm energy 

obligations.’’. 

(k) CONFORMING AMENDMENTS.—Section 105 of the Hoover Power Plant Act of 

1984 (43 U.S.C. 619a) is amended— 

(1) by striking subsections (e) and (f); and 

(2) by redesignating subsections (g), (h), and (i) as subsections (e), (f), and (g), 

respectively. 

(l) CONTINUED CONGRESSIONAL OVERSIGHT.—Subsection (e) of section 105 of the 

Hoover Power Plant Act of 1984 (43 U.S.C. 619a)) (as redesignated by subsection 

(k)(2)) is amended— 

(1) in the first sentence, by striking ‘‘the renewal of’’; and 

(2) in the second sentence, by striking ‘‘June 1, 1987, and ending September 

30, 2017’’ and inserting ‘‘October 1, 2017, and ending September 30, 2067’’. 

(m) COURT CHALLENGES.—Subsection (f)(1) of section 105 of the Hoover Power 

Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by subsection (k)(2)) is amended 

in the first sentence by striking ‘‘this Act’’ and inserting ‘‘the Hoover Power Allocation Act of 2010’’. 

(n) REAFFIRMATION OF CONGRESSIONAL DECLARATION OF PURPOSE.—Subsection (g) 

of section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by subsection (k)(2)) is amended— 

(1) by striking ‘‘subsections (c), (g), and (h) of this section’’ and inserting ‘‘this 

Act’’; and 

(2) by striking ‘‘June 1, 1987, and ending September 30, 2017’’ and inserting 

‘‘October 1, 2017, and ending September 30, 2067’’. 

PURPOSE OF THE BILL

The purpose of H.R. 4349 is to further allocate and expand the 

availability of hydroelectric power generated at Hoover Dam, and 

for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4349 would allocate hydroelectric power generated at Hoover Dam, on the Colorado River, to current power customers in Arizona, Nevada, and California, and create a new pool of power for 

federally-recognized Indian Tribes and other eligible entities. 

The Boulder Canyon Project Act of 1928 authorized the construction of what is now called Hoover Dam. In addition to authorizing 

the dam, the Boulder Canyon Act allocated power to an original 

pool of customers which included public and private entities in the 

Lower Colorado Basin states of Arizona, Nevada, and California. 

The original contracts for power were executed in 1937 and were 

valid for a 50-year time period. 

As the original contracts were set to expire, Congress reviewed 

the original Act and provided guidance on the revised allocation of 

Hoover Dam power through the Hoover Power Plant Act of 1984 

(HPPA). The HPPA preserved power for the original customers of 


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Hoover power and provided the legal ability for new entrants into 

the market for Hoover power. The original customers had their allocations established in Schedule A while the new entities that received power had their allocations designated in Schedule B of the 

HPPA legislation. HPPA directed that any power in excess of the 

total of Schedules A and B would be allocated pursuant to Schedule 

C as negotiated between the federal government and the Lower 

Colorado Basin states. The HPPA of 1984 allocated power to customers for a 30-year period. The 1984 power contract allocations 

are set to expire in 2017. 

COMMITTEE ACTION

H.R. 4349 was introduced by Water and Power Subcommittee 

Chairwoman Grace Napolitano (D–CA) on December 16, 2009. The 

bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on Water and Power. The 

Subcommittee held a legislative hearing on H.R. 4349 on March 18, 

2010 and received testimony from federal and private interests. 

On May 5, 2010 the Subcommittee was discharged from further 

consideration of H.R. 4349 and the full Natural Resources Committee met to consider the bill. An amendment in the nature of a 

substitute was offered by Rep. Napolitano to address the issue of 

tribal sovereignty and consultation with the Western Area Power 

Administration regarding criteria for the allocation of power from 

the new Schedule D. The amendment in the nature of a substitute 

was agreed to by voice vote. The bill, as amended, was then ordered favorably reported to the House of Representatives by voice 

vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of Contents 

Section 1 provides that this Act may be cited as the ‘‘Hoover 

Power Allocation Act of 2010’’. 

Section 2. Allocation of contracts for power 

Section 2(a) amends the Hoover Power Plant Act of 1984 (HPPA) 

to increase the Schedule A contingent capacity at Hoover Dam proportionally based on the maximum dependable operating capacity, 

and then reduces the Schedule A summer and winter firm energy 

by 5% of the amount to be provided after October 1, 2017 to existing Schedule A contractors. In addition, this section makes technical and conforming changes to the underlying Act. 

Section 2(b) amends the HPPA to increase the Schedule B contingent capacity proportionally based on the maximum dependable operating capacity, and then makes a 5% reduction in summer and 

winter firm energy after October 1, 2017 to existing Schedule B 

contractors. In addition, this section also makes technical and conforming changes to the underlying Act. 

Section 2(c) makes further technical and conforming changes to 

the HPPA related to Schedule C. 

Section 2(d) amends the HPPA by directing the Secretary of Energy to create a new Schedule D from the apportioned allocation 

equal to 5% of Schedules A and B of contingent capacity and firm 

energy after October 1, 2017. This power will be made available to 


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new allottees that do not already receive Schedule A or B contingent capacity and firm energy. Contracts offered under Schedule D 

will include a provision requiring new allottees to pay a proportionate share of their state’s contribution to the cost of the Lower 

Colorado River Multi-Species Conservation Program, and a provision that would require new allottees to execute the Boulder Canyon Project Implementation Agreement Contract. 

Section 2(d) also gives the Western Area Power Administration 

(Western) 36 months from the date of enactment to allocate the 

Schedule D contingent capacity. Any of the Schedule D contingent 

capacity and firm energy that is not allocated and placed under 

contract by October 1, 2017 will be returned in the same proportion 

to the contractors in Schedule A and Schedule B. 

In testimony before the Subcommittee on March 18, 2010, the 

Inter-Tribal Council of Arizona (ITCA) requested that H.R. 4349 be 

amended to allow federally recognized Indian tribes to contract directly with Western for any power they may receive and to develop 

allocation criteria in direct consultation with Western. The Committee adopted an amendment that included those changes in section 2(d)(C). ITCA further requested that H.R. 4349 be amended to 

direct Western to develop allocation criteria to respond to tribal circumstances, including: allowing a power pool for allocations to federally recognized tribes; allocating power to tribes in kilowatts 

versus megawatts; and, waiving the requirement that tribes have 

a distribution utility. In their testimony ITCA stated that Western 

has demonstrated both the ability and the willingness to respond 

to such tribal circumstances in proceedings to allocate power from 

other federal hydropower projects. The Committee does not believe 

it is necessary to break longstanding precedent by amending H.R. 

4349 in this regard, but encourages Western to work directly on a 

nation-to-nation basis with tribes to manage their allocations of 

power from Schedule D in a manner that recognizes the circumstances of tribes that receive such allocations. The tribes will 

have the right to enter into operational agreements with the states 

after allocations are made by Western. 

The Committee expects that Western and the state regulatory 

bodies in Arizona and Nevada will conduct a full and open public 

hearing and review process upon the enactment of this legislation. 

The administrative process should fairly and equitably determine 

allocations from the new power pool. With the opportunity for rural 

electric cooperatives and other entities to receive allocations from 

the new proposed Schedule D, the Committee expects that the state 

regulatory bodies will undertake an open, thorough and transparent assessment of the relevant power requests of potential new 

Hoover power recipients, including an assessment of the applicants’ 

power needs and the classes of customers they serve, and act in an 

impartial and unbiased manner in order to make allocation determinations in an objective manner consistent with state and federal 

preference standards. The Committee further expects that the process and analytical results will be documented and made available 

for examination. 

Section 2(e) and 2(f) make technical and conforming changes to 

the HPPA to take into account other changes made by this legislation. 


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Section 2(g) amends the HPPA to establish the expiration date 

of the contract as September 30, 2067. This section further directs 

Western to collect a pro-rata share of Hoover Dam repayable advances from new allottees prior to October 1, 2017 and remit a proportional share of the advances to existing Hoover contractors. Section 2(g) also authorizes Hoover contractors to engage in transactions for Hoover power with independent system operations and 

requireS the contracts executed pursuant to this legislation to contain the same material terms as Section 5.6 of the long-term contracts, effective on the date of enactment. 

Section 2(h) amends the HPPA to strike the date ‘‘2017’’ and insert the contract expiration year of ‘‘2067’’. 

Section 2(i) amends the HPPA to establish a mechanism by 

which the Secretary of Energy would offer the contingent capacity 

and firm energy made available if an existing contractor fails to accept an offered contract. 

Section 2(j) amends the HPPA to state that the obligation of the 

Secretary of Energy to deliver contingent capacity and firm energy 

is subject to the availability of the water needed to produce the 

contingent capacity and firm energy. Section 2(j) also directs the 

Secretary of Energy to adjust the continent capacity and firm energy under Schedule A, B and D proportionally if water is not 

available to produce contingent capacity and firm energy. 

Section 2(k) makes conforming changes in the HPPA by repealing Sections 105(e) and (f). 

Section 2(l) provides for continued congressional oversight regarding the terms and conditions of the governing contracts for 

power generated at Hoover Dam until September 30, 2067. 

Section 2(m) makes a conforming change to Section 105(h)(l) of 

the HPPA. 

Section 2(n) confirms that the rights of contractors to capacity 

and energy would vest under the contracts through September 30, 

2067. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 


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2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of H.R. 4349 is to allocate and expand the availability of hydroelectric power generated at Hoover Dam. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 4349—Hoover Power Allocation Act of 2010 

H.R. 4349 would update the statutory allocation of electric power 

generated at the Hoover Dam among various users. The current allocation expires at the end of fiscal year 2017. The legislation 

would increase the amount of electricity to be marketed by the 

Western Area Power Administration (WAPA) and would allocate 

much of the dam’s currently unallocated electricity to Native American Indian tribes and other entities. The revised allocations would 

remain in effect from 2017 through 2067. Based on information 

from WAPA, CBO estimates that implementing this bill would 

have a negligible effect on net direct spending and spending subject 

to appropriation. 

In the absence of this legislation, CBO expects that WAPA would 

allocate the electricity from the Hoover Dam by regulation. CBO 

estimates that any differences between the electricity allocation 

under H.R. 4349 and the allocations developed under such regulations would have a negligible effect on offsetting receipts (an offset 

to direct spending) from electricity sales because the agency is required by law to keep electric rates as low as possible while recovering all costs of generation and marketing over time. CBO also estimates that implementing the bill would have no significant impact on WAPA’s administrative costs, which are funded by appropriations and offset by proceeds from the sale of electricity. 

The Statutory Pay-As-You-Go Act of 2010 establishes budget reporting and enforcement procedures for legislation affecting direct 

spending or revenues. The net changes in outlays that are subject 

to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4349 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 5, 2010 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 0 0 0 0 0 0 0 0 0 0 

H.R. 4349 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 Kathleen Gramp. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 4349 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 105 OF THE HOOVER POWER PLANT ACT OF 

1984 

SEC. 105. (a)(1) The Secretary of Energy shall offer: 

(A) To each contractor for power generated at Hoover Dam a ørenewal¿ contract for delivery commencing øJune 1, 1987¿ October 1, 

2017, of the amount of capacity and firm energy specified for that 

contractor in the following table: 

øSCHEDULE A 

øLONG TERM CONTINGENT CAPACITY AND ASSOCIATED FIRM ENERGY RESERVED FOR RENEWAL CONTRACT OFFERS TO 

CURRENT BOULDER CANYON PROJECT CONTRACTORS 

øContractor 

Contingent capacity 

(kW) 

Firm energy (thousands of 

kWh) 

Summer Winter Total 

Metropolitan Water District of Southern 

California ............................................... 247,500 904,382 387,592 1,291,974

City of Los Angeles ................................... 490,875 488,535 209,658 698,193

Southern California Edison Company .... 277,500 175,486 75,208 250,694

City of Glendale ........................................ 18,000 47,398 20,313 67,711

City of Pasadena ....................................... 11,000 40,655 17,424 58,079

City of Burbank ........................................ 5,125 14,811 6,347 21,158

Arizona Power Authority ......................... 189,000 452,192 193,797 645,989

Colorado River Commission of Nevada ... 189,000 452,192 193,797 645,989

United States, for Boulder City ............... 20,000 56,000 24,800 80,000

Totals ......................................................... 1,448,000 2,631,651 1,128,136 3,759,787¿ 


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Schedule A 

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project 

contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of 

kWh) 

Summer Winter Total 

Metropolitan Water District of Southern 

California ............................................... 249,948 859,163 368,212 1,227,375

City of Los Angeles ................................... 495,732 464,108 199,175 663,283

Southern California Edison Company .... 280,245 166,712 71,448 238,160

City of Glendale ........................................ 18,178 45,028 19,297 64,325

City of Pasadena ....................................... 11,108 38,622 16,553 55,175

City of Burbank ........................................ 5,176 14,070 6,030 20,100

Arizona Power Authority .......................... 190,869 429,582 184,107 613,689

Colorado River Commission of Nevada .. 190,869 429,582 184,107 613,689

United States, for Boulder City ............... 20,198 53,200 22,800 76,000

Totals ......................................................... 1,462,323 2,500,067 1,071,729 3,571,796 

ø(B) To purchasers in the States of Arizona, Nevada and California eligible to enter into such contracts under section 5 of the 

Boulder Canyon Project Act, contracts for delivery commencing 

June 1, 1987, or as it thereafter becomes available, of capacity resulting from the uprating program and for delivery commencing 

June 1, 1987, of associated firm energy as specified in the following 

table: 

øSCHEDULE B 

øCONTINGENT CAPACITY RESULTING FROM THE UPRATING PROGRAM AND ASSOCIATED FIRM ENERGY 

øState 

Contingent capacity 

(kW) 

Firm energy (thousands of 

kWh) 

Summer Winter Total 

Arizona ........................................................ 188,000 148,000 64,000 212,000

California .................................................... 127,000 99,850 43,364 143,214

Nevada ......................................................... 188,000 288,000 124,000 412,000

Totals ........................................................... 503,000 535,850 231,364 767,214 

Provided, however, That in the case of Arizona and Nevada, such 

contracts shall be offered to the Arizona Power Authority and the 

Colorado River Commission of Nevada, respectively, as the agency 

specified by State law as the agent of such State for purchasing 

power from the Boulder Canyon project: Provided further, That in 

the case of California, no such contract under this subparagraph 

(B) shall be offered to any purchaser who is offered a contract for 

capacity exceeding 20,000 kilowatts under subparagraph (A) of this 

paragraph.¿ 

(B) To each existing contractor for power generated at Hoover 

Dam, a contract, for delivery commencing October 1, 2017, of the 

amount of contingent capacity and firm energy specified for that 

contractor in the following table: 


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Schedule B 

Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project 

contractors 

Contractor 

Contingent capacity 

(kW) 

Firm energy (thousands of 

kWh) 

Summer Winter Total 

City of Glendale ......................................... 2,020 2,749 1,194 3,943

City of Pasadena ......................................... 9,089 2,399 1,041 3,440

City of Burbank .......................................... 15,149 3,604 1,566 5,170

City of Anaheim .......................................... 40,396 34,442 14,958 49,400

City of Azusa ............................................... 4,039 3,312 1,438 4,750

City of Banning ........................................... 2,020 1,324 576 1,900

City of Colton .............................................. 3,030 2,650 1,150 3,800

City of Riverside .......................................... 30,296 25,831 11,219 37,050

City of Vernon ............................................. 22,218 18,546 8,054 26,600

Arizona ........................................................ 189,860 140,600 60,800 201,400

Nevada ......................................................... 189,860 273,600 117,800 391,400

Totals ........................................................... 507,977 509,057 219,796 728,853 

(C) To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder 

Canyon Project Act, contracts for delivery commencing øJune 1, 

1987¿ October 1, 2017, of such energy generated at Hoover Dam as 

is available respectively to the States of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any year of 

operation (hereinafter called excess energy) in accordance with the 

following table: 

øSCHEDULE C 

øExcess Energy 

øPriority of entitlement to excess energy State 

First: Meeting Arizona’s first priority right to delivery of excess 

energy which is equal in each year of operation to 200 million kilowatthours: Provided, however, That in the event excess energy in the amount of 200 million kilowatthours is 

not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million 

kilowatthours, inclusive of the current year’s 200 million 

kilowatthours. Said first right of delivery shall accrue at a 

rate of 200 million kilowatthours per year for each year excess energy in the amount of 200 million kilowatthours is 

not generated, less amounts of excess energy delivered 

Arizona 

Second: Meeting Hoover Dam contractual obligations under 

Schedule A of section 105(a)(1)(A) and under Schedule B of 

section 105(a)(1)(B) not exceeding 26 million kilowatthours 

in each year of operation 

............... 

Third: Meeting the energy requirements of the three States, 

such available excess energy to be divided equally among the 

States 

Arizona, Nevada, and 

California¿ 


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Schedule C 

Excess Energy 

Priority of entitlement to excess energy State 

First: Meeting Arizona’s first priority right to delivery of excess 

energy which is equal in each year of operation to 200 million 

kilowatthours: Provided, That in the event excess energy in 

the amount of 200 million kilowatthours is not generated 

during any year of operation, Arizona shall accumulate a 

first right to delivery of excess energy subsequently generated 

in an amount not to exceed 600 million kilowatthours, inclusive of the current year’s 200 million kilowatthours. Said first 

right of delivery shall accrue at a rate of 200 million 

kilowatthours per year for each year excess energy in an 

amount of 200 million kilowatthours is not generated, less 

amounts of excess energy delivered. ........................................... Arizona 

Second: Meeting Hoover Dam contractual obligations under 

Schedule A of subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), 

not exceeding 26 million kilowatthours in each year of operation. ............................................................................................ Arizona, Nevada, and 

California 

Third: Meeting the energy requirements of the three States, such 

available excess energy to be divided equally among the 

States. ........................................................................................... Arizona, Nevada, and 

California 

(2)(A) The Secretary of Energy is authorized to and shall create 

from the apportioned allocation of contingent capacity and firm energy adjusted from the amounts authorized in this Act in 1984 to 

the amounts shown in Schedule A and Schedule B, as modified by 

the Hoover Power Allocation Act of 2010, a resource pool equal to 

5 percent of the full rated capacity of 2,074,000 kilowatts, and associated firm energy, as shown in Schedule D (referred to in this section as ‘‘Schedule D contingent capacity and firm energy’’): 

Schedule D 

Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees 

State 

Contingent capacity 

(kW) 

Firm energy (thousands of 

kWh) 

Summer Winter Total 

New Entities Allocated by the Secretary of 

Energy ...................................................... 69,170 105,637 45,376 151,013 

New Entities Allocated by State 

Arizona ........................................................ 11,510 17,580 7,533 25,113 

California ................................................... 11,510 17,580 7,533 25,113 

Nevada ......................................................... 11,510 17,580 7,533 25,113 

Totals ........................................................... 103,700 158,377 67,975 226,352 

(B) The Secretary of Energy shall offer Schedule D contingency 

capacity and firm energy to entities not receiving contingent capacity and firm energy under subparagraphs (A) and (B) of paragraph 

(1) (referred to in this section as ‘‘new allottees’’) for delivery commencing October 1, 2017 pursuant to this subsection. In this subsection, the term ‘‘the marketing area for the Boulder City Area 

Projects’’ shall have the same meaning as in appendix A of the General Consolidated Power Marketing Criteria or Regulations for 


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Boulder City Area Projects published in the Federal Register on December 28, 1984 (49 Federal Register 50582 et seq.) (referred to in 

this section as the ‘‘Criteria’’). 

(C)(i) Within 36 months of the date of enactment of the Hoover 

Power Allocation Act of 2010, the Secretary of Energy shall allocate 

through the Western Area Power Administration (referred to in this 

section as ‘‘Western’’), for delivery commencing October 1, 2017, for 

use in the marketing area for the Boulder City Area Projects 66.7 

percent of the Schedule D contingent capacity and firm energy to 

new allottees that are located within the marketing area for the 

Boulder City Area Projects and that are— 

(I) eligible to enter into contracts under section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d); or 

(II) federally recognized Indian tribes. 

(ii) In the case of Arizona and Nevada, Schedule D contingent capacity and firm energy for new allottees other than federally recognized Indian tribes shall be offered through the Arizona Power Authority and the Colorado River Commission of Nevada, respectively. 

Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with 

Western. 

(D) Within 1 year of the date of enactment of the Hoover Power 

Allocation Act of 2010, the Secretary of Energy also shall allocate, 

for delivery commencing October 1, 2017, for use in the marketing 

area for the Boulder City Area Projects 11.1 percent of the Schedule 

D contingent capacity and firm energy to each of— 

(i) the Arizona Power Authority for allocation to new allottees 

in the State of Arizona; 

(ii) the Colorado River Commission of Nevada for allocation 

to new allottees in the State of Nevada; and 

(iii) Western for allocation to new allottees within the State 

of California, provided that Western shall have 36 months to 

complete such allocation. 

(E) Each contract offered pursuant to this subsection shall include 

a provision requiring the new allottee to pay a proportionate share 

of its State’s respective contribution (determined in accordance with 

each State’s applicable funding agreement) to the cost of the Lower 

Colorado River Multi-Species Conservation Program (as defined in 

section 9401 of the Omnibus Public Land Management Act of 2009 

(Public Law 111–11; 123 Stat. 1327)), and to execute the Boulder 

Canyon Project Implementation Agreement Contract No. 95–PAO– 

10616 (referred to in this section as the ‘‘Implementation Agreement’’). 

(F) Any of the 66.7 percent of Schedule D contingent capacity and 

firm energy that is to be allocated by Western that is not allocated 

and placed under contract by October 1, 2017, shall be returned to 

those contractors shown in Schedule A and Schedule B in the same 

proportion as those contractors’ allocations of Schedule A and 

Schedule B contingent capacity and firm energy. Any of the 33.3 

percent of Schedule D contingent capacity and firm energy that is 

to be distributed within the States of Arizona, Nevada, and California that is not allocated and placed under contract by October 

1, 2017, shall be returned to the Schedule A and Schedule B contractors within the State in which the Schedule D contingent capacity and firm energy were to be distributed, in the same proportion 


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as those contractors’ allocations of Schedule A and Schedule B contingent capacity and firm energy. 

ø(2)¿ (3) The total obligation of the Secretary of Energy to deliver 

firm energy pursuant to øschedule A of section 105(a)(1)(A) and 

schedule B of section 105(a)(1)(B)¿ paragraphs (1)(A), (1)(B), and 

(2) is 4,527.001 million kilowatthours in each year of operation. To 

the extent that the actual generation at Hoover Powerplant in 

øany¿ each year of operation (less deliveries thereof to Arizona required by its first priority under øschedule C¿ Schedule C of section 105(a)(1)(C) whenever actual generation in any year of operation is in excess of 4,501.001 million kilowatthours) is less than 

4,527.001 million kilowatthours, such deficiency shall be borne by 

the holders of contracts under said øschedules A and B¿ Schedules 

A, B, and D in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules 

bears to 4,527.001 million kilowatthours. At the request of any 

such contractor, the Secretary of Energy will purchase energy to 

meet that contractor’s deficiency at such contractor’s expense. 

ø(3) Subdivision E of the ‘‘General Consolidated Power Marketing 

Criteria or Regulations for Boulder City Area Projects’’ published 

in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the ‘‘Criteria’’ or as 

the ‘‘Regulations’’ shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said 

Regulations to such modifications.¿ 

(4) Subdivision E of the Criteria shall be deemed to have been 

modified to conform to this section, as modified by the Hoover 

Power Allocation Act of 2010. The Secretary of Energy shall cause 

to be included in the Federal Register a notice conforming the text 

of the regulations to such modifications. 

ø(4)¿ (5) Each contract offered under subsection (a)(1) of this section shall: 

ø(A) expire September 30, 2017;¿ 

(A) in accordance with section 5(a) of the Boulder Canyon 

Project Act (43 U.S.C. 617d(a)), expire September 30, 2067; 

(B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern 

California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound 

water management and conservation practice, the Metropolitan 

Water District of Southern California øshall use¿ shall allocate 

such capacity and energy to pump available Colorado River 

water prior to using such capacity and energy to pump California State water project water; øand¿ 

(C) conform to the applicable provisions of subdivison E of 

the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts 

entered into under this section, those provisions are hereby 

ratifiedø.¿; 

(D) authorize and require Western to collect from new 

allottees a pro rata share of Hoover Dam repayable advances 

paid for by contractors prior to October 1, 2017, and remit such 

amounts to the contractors that paid such advances in proporVerDate Mar 15 2010 00:48 Jun 02, 2010 Jkt 089006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR502.XXX HR502

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tion to the amounts paid by such contractors as specified in section 6.4 of the Implementation Agreement; 

(E) permit transactions with an independent system operator; 

and 

(F) contain the same material terms included in section 5.6 

of those long-term contracts for purchases from the Hoover 

Power Plant that were made in accordance with this Act and 

are in existence on the date of enactment of the Hoover Power 

Allocation Act of 2010. 

(b) Nothing in the Criteria shall be construed to prejudice any 

rights conferred by the Boulder Canyon Project Act, as amended 

and supplemented, on the holder of a contract described in subsection (a) of this section not in default thereunder on September 

30, ø2017¿ 2067. ø(c)(1) The Secretary of Energy shall not execute a contract described in subsection (a)(1)(A) of this section with any entity which 

is a party to the action entitled the ‘‘State of Nevada, et al. against 

the United States of America, et al.’’ in the United States District 

Court for the District of Nevada, case numbered CV LV ’82 441 

RDF, unless that entity agrees to file in that action a stipulation 

for voluntary dismissal with prejudice of its claims, or counterclaims, or crossclaims, as the case may be, and also agrees to file 

with the Secretary a document releasing the United States, its officers and agents, and all other parties to that action who join in 

that stipulation from any claims arising out of the disposition 

under this section of capacity and energy from the Boulder Canyon 

project. The Attorney General shall join on behalf of the United 

States, its officers and agents, in any such voluntary dismissal and 

shall have the authority to approve on behalf of the United States 

the form of each release. 

ø(2) If after a reasonable period of time as determined by the 

Secretary, the Secretary is precluded from executing a contract 

with an entity by reason of paragraph (1) of this subsection, the 

Secretary shall offer the capacity and energy thus available to 

other entities in the same State eligible to enter into such contracts 

under section 5 of the Boulder Canyon Project Act. 

ø(d) The uprating program authorized under section 101(a) of 

this Act shall be undertaken with funds advanced under contracts 

made with the Secretary of the Interior by non-Federal purchasers 

described in subsection (a)(1)(B) of this section. Funding provided 

by non-Federal purchasers shall be advanced to the Secretary of 

the Interior pursuant to the terms and conditions of such contracts. 

ø(e) Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program 

shall be deposited in the Colorado River Dam Fund and shall be 

available for the uprating program. 

ø(f) Those amounts advanced by non-Federal purchasers shall be 

financially integrated as capital costs with other project costs for 

rate-setting purposes, and shall be returned to those purchasers 

advancing funds throughout the contract period through credits 

which include interest costs incurred by such purchasers for funds 

contributed to the Secretary of the Interior for the uprating program.¿ 

(c) OFFER OF CONTRACT TO OTHER ENTITIES.—If any existing contractor fails to accept an offered contract, the Secretary of Energy 


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shall offer the contingent capacity and firm energy thus available 

first to other entities in the same State listed in Schedule A and 

Schedule B, second to other entities listed in Schedule A and Schedule B, third to other entities in the same State which receive contingent capacity and firm energy under subsection (a)(2) of this section, 

and last to other entities which receive contingent capacity and firm 

energy under subsection (a)(2) of this section. 

(d) WATER AVAILABILITY.—Except with respect to energy purchased at the request of an allottee pursuant to subsection (a)(3), the 

obligation of the Secretary of Energy to deliver contingent capacity 

and firm energy pursuant to contracts entered into pursuant to this 

section shall be subject to availability of the water needed to 

produce such contingent capacity and firm energy. In the event that 

water is not available to produce the contingent capacity and firm 

energy set forth in Schedule A, Schedule B, and Schedule D, the 

Secretary of Energy shall adjust the contingent capacity and firm 

energy offered under those Schedules in the same proportion as 

those contractors’ allocations of Schedule A, Schedule B, and Schedule D contingent capacity and firm energy bears to the full rated 

contingent capacity and firm energy obligations. 

ø(g)¿ (e) The provisions of this section constitute an exercise by 

the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented, to prescribe terms and conditions for øthe renewal of¿ contracts for electrical energy generated at Hoover Dam. This section constitutes the 

exclusive method for disposing of capacity and energy from Hoover 

Dam for the period beginning øJune 1, 1987, and ending September 30, 2017¿ October 1, 2017, and ending September 30, 2067. 

ø(h)¿ (f)(1) Notwithstanding any other provision of law, any 

claim that the provisions of subsection (a) of this section violates 

any rights to capacity or energy from the Boulder Canyon project 

is barred unless the complaint is filed within one year after the 

date of enactment of øthis Act¿ the Hoover Power Allocation Act of 

2010 in the United Stats Claims Court which shall have exclusive 

jurisdiction over this action. Any claim that actions taken by any 

administrative agency of the United States violates any right under 

this title or the Boulder Canyon Project Act or the Boulder Canyon 

Project Adjustment Act is barred unless suit asserting such claim 

is filed in a Federal court of competent jurisdiction within one year 

after final refusal of such agency to correct the action complained 

of. 

* * * * * * * 

ø(i)¿ (g) It is the purpose of øsubsections (c), (g), and (h) of this 

section¿ this Act to ensure that the rights of contractors for capacity and energy from the Boulder Canyon project for the period beginning øJune 1, 1987, and ending September 30, 2017¿ October 1, 

2017, and ending September 30, 2067, will vest with certainty and 

finality. 

Æ 


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