II 

Calendar No. 535 

115TH CONGRESS 

2D SESSION S. 1030 

To require the Federal Energy Regulatory Commission to submit to Congress 

a report on certain hydropower projects. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2017 

Mr. KING (for himself and Mr. FLAKE) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JULY 30, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Federal Energy Regulatory Commission to 

submit to Congress a report on certain hydropower projects. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FERC REPORT ON CERTAIN HYDROPOWER 

4 PROJECTS. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Federal Energy Regulatory Commission 


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1 (referred to in this section as the ‘‘FERC’’) shall submit 

2 to the Committee on Energy and Natural Resources of 

3 the Senate and the Committee on Energy and Commerce 

4 of the House of Representatives a report that— 

5 (1) identifies each hydropower project licensed 

6 by the FERC that is located at a nonpowered site 

7 that serves as storage to support downstream power 

8 generation (referred to in this section as a 

9 ‘‘project’’); 

10 (2) analyzes the value of electric power genera11 tion associated with each project, relative to the 

12 value of nonpower generation functions associated 

13 with the same project, including recreation and envi14 ronmental functions; 

15 (3) describes the range of options that exist 

16 under current law with respect to surrender or 

17 transfer of a FERC license for a project, including 

18 a representative range of actual measures required 

19 by the FERC of project owners that have surren20 dered or transferred a FERC license; 

21 (4) identifies any barriers to the surrender or 

22 transfer of a FERC license for a project; and 

23 (5) identifies the costs incurred by project own24 ers resulting from the requirements imposed by a 


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1 FERC license, including applicable costs broken 

2 down by categories relating to— 

3 (A) the environment, including fish and 

4 wildlife measures; 

5 (B) human safety; 

6 (C) electric reliability; 

7 (D) recreation; 

8 (E) cultural resources; 

9 (F) flood control; 

10 (G) navigation; 

11 (H) irrigation; and 

12 (I) any other relevant category, as deter13 mined by the FERC. 

14 SECTION 1. FERC REPORT ON CERTAIN HYDROPOWER 

15 PROJECTS. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Federal Energy Regulatory Commission (re18 ferred to in this section as the ‘‘FERC’’) shall submit to 

19 the Committee on Energy and Natural Resources of the Sen20 ate and the Committee on Energy and Commerce of the 

21 House of Representatives a report that— 

22 (1) identifies each hydropower project licensed by 

23 the FERC (referred to in this section as an ‘‘identi24 fied project’’) that is— 


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1 (A) located at a nonpowered site that serves 

2 as storage to support downstream power genera3 tion; and 

4 (B) not part of a generation project licensed 

5 by FERC; 

6 (2) analyzes the financial value of electric power 

7 generation associated with each identified project, rel8 ative to the best available estimates of the financial 

9 value of nonpower generation functions associated 

10 with the identified project, including recreation and 

11 environmental functions; 

12 (3) describes the range of options available under 

13 existing law with respect to the surrender or transfer 

14 of a FERC license for an identified project, including 

15 a representative range of actual measures required by 

16 the FERC of identified project owners that have sur17 rendered or transferred a FERC license; 

18 (4) identifies any general or readily identifiable 

19 project-specific barriers to the surrender or transfer of 

20 a FERC license for an identified project; and 

21 (5) to the extent the information is available, 

22 identifies the financial costs incurred by identified 

23 project owners resulting from the requirements im24 posed by a FERC license or other FERC requireVerDate Sep 11 2014 22:48 Jul 30, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1030.RS S1030

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1 ments, including applicable costs broken down by cat2 egories relating to— 

3 (A) the environment, including fish and 

4 wildlife measures; 

5 (B) human safety; 

6 (C) electric reliability; 

7 (D) recreation; 

8 (E) cultural resources; 

9 (F) flood control; and 

10 (G) any other relevant category, as deter11 mined by the FERC. 


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Calendar No. 535 

115TH CONGRESS 

2D SESSION S. 1030 

A BILL 

To require the Federal Energy Regulatory Commishydropower projects. sion to submit to Congress a report on certain 

JULY 30, 2018 

Reported with an amendment 


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