69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–175 

TO REINSTATE AND EXTEND THE DEADLINE FOR COMMENCEMENT OF 

CONSTRUCTION OF A HYDROELECTRIC PROJECT INVOLVING JENNINGS 

RANDOLPH DAM 

JUNE 12, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WALDEN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 2122] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 2122) to reinstate and extend the deadline for commencement of construction of a hydroelectric project involving Jennings Randolph Dam, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Committee Action .................................................................................................... 2 

Committee Votes ...................................................................................................... 2 

Oversight Findings and Recommendations ........................................................... 2 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 2 

Congressional Budget Office Estimate ................................................................... 2 

Federal Mandates Statement ................................................................................. 2 

Statement of General Performance Goals and Objectives .................................... 3 

Duplication of Federal Programs ............................................................................ 3 

Committee Cost Estimate ....................................................................................... 3 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 3 

Disclosure of Directed Rule Makings ..................................................................... 3 

Advisory Committee Statement .............................................................................. 3 

Applicability to Legislative Branch ........................................................................ 3 

Section-by-Section Analysis of the Legislation ...................................................... 3 

Changes in Existing Law Made by the Bill, as Reported ..................................... 4 

PURPOSE AND SUMMARY

H.R. 2122 authorizes the Federal Energy Regulatory Commission 

(FERC) to extend the time period during which the licensee is required to commence the construction of Commission project number 

12715 for up to 3 consecutive 2-year periods. 

2 

COMMITTEE ACTION

On May 3, 2017, the Subcommittee on Energy held a hearing on 

H.R. 2122. The Subcommittee received testimony from: 

• Terry Turpin, Director, Office of Energy Projects, Federal 

Energy Regulatory Commission; 

• John Katz, Deputy Associate General Counsel, Office of 

the General Counsel, Federal Energy Regulatory Commission; 

• Jeffrey Leahey, Deputy Executive Director, National Hydropower Association; 

• Donald Santa, President and CEO, Interstate Natural Gas 

Association of America; 

• Andy Black, President and CEO, Association of Oil Pipe 

Lines; 

• Jeffrey Soth, Legislative and Political Director, International Union of Operating Engineers; 

• Bob Irvin, President and CEO, American Rivers; and, 

• Jennifer Danis, Senior Staff Attorney, Eastern Environmental Law Center. 

On June 7, 2017, the full Committee on Energy and Commerce 

met in open markup session and ordered H.R. 2122, without 

amendment, favorably reported to the House by unanimous consent. 

COMMITTEE VOTES

Clause 3(b) of rule XIII requires the Committee to list the record 

votes on the motion to report legislation and amendments thereto. 

There were no record votes taken in connection with ordering H.R. 

2122 reported. 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of rule 

XIII, the Committee held a hearing and made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Pursuant to clause 3(c)(2) of rule XIII, the Committee finds that 

H.R. 2122 would result in no new or increased budget authority, 

entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII, at the time this report 

was filed, the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974 was not available. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

3 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII, the general performance 

goal or objective of this legislation is to authorize the FERC to extend the time period during which the licensee is required to commence the construction of Commission project number 12715 for up 

to 3 consecutive 2-year periods. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 2122 

is known to be duplicative of another Federal program, including 

any program that was included in a report to Congress pursuant 

to section 21 of Public Law 111–139 or the most recent Catalog of 

Federal Domestic Assistance. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts as 

its own the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional 

Budget Act of 1974. At the time this report was filed, the estimate 

was not available. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee 

finds that H.R. 2122 contains no earmarks, limited tax benefits, or 

limited tariff benefits. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, the Committee finds that 

H.R. 2122 contains no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Reinstatement and extension of time for a Federal Energy 

Regulatory Commission project involving Jennings Randolph 

Dam. 

Section 1 would authorize FERC to extend the time period during which the licensee is required to commence the construction of 

Commission project number 12715 for up to 3 consecutive 2-year 

periods. Such action may be taken at the request of the licensee for 

the project, and after reasonable notice, in accordance with the 

good faith, due diligence, and public interest requirements of section 13 of the Federal Power Act, and the Commission’s procedures. 

Any obligation of the licensee for the project of annual charges 

under section 10(e) of the Federal Power Act shall commence on 

4 

the expiration of the time period to commence construction of the 

project. 

If the period required for commencement of construction of the 

project has expired prior to the date of the enactment of this Act, 

the FERC may reinstate the license for the project effective as of 

the date of its expiration and the first authorized extension shall 

take effect on the date of such expiration. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This legislation does not amend any existing Federal statute. 

Æ