69–010 

Calendar No. 101 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–82 

TO EXTEND THE DEADLINE FOR COMMENCEMENT OF 

CONSTRUCTION OF CERTAIN HYDROELECTRIC PROJECTS 

MAY 24, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 730] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 730) to extend the deadline for commencement 

of construction of certain hydroelectric projects, having considered 

the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 730 is to extend the deadline for commencement of construction of the Gathright and Flannagan hydroelectric 

projects in Virginia. 

BACKGROUND AND NEED

The Federal Energy Regulatory Commission (Commission) issued 

an original license for the Flannagan Hydroelectric Project (No. 

12740) in Dickinson County, Virginia, on January 27, 2012. Pursuant to section 13 of the Federal Power Act (FPA, 16 U.S.C. 806), 

the licensee was required to commence project construction within 

two years. At the licensee’s request, the Commission extended the 

deadline by two years, until January 27, 2016. 

The Commission issued an original license for the Gathright 

Project (No. 12737) in Alleghany County, Virginia, on March 13, 

2012, and subsequently extended the construction commencement 

deadline at the licensee’s request by two years, until March 13, 

2016. 


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Construction has not yet begun on either project, and the Commission has granted the maximum extensions allowed by the FPA. 

LEGISLATIVE HISTORY

Senator Kaine introduced S. 730 on March 27, 2017. 

In the 114th Congress, a similar measure was included in 

Amendment No. 3234, which the Senate agreed to on April 19, 

2016, as an amendment to S. 2012, the Energy Policy Modernization Act of 2016, which the Senate passed, as amended, on April 

20, 2016. 

In the House of Representatives, Representative Griffith introduced H.R. 4411, to extend the deadline for the Gathright project, 

and H.R. 4412, to extend the deadline for the Flannagan project, 

on February 1, 2016. Both bills passed the House of Representatives by voice vote on March 14, 2016. 

In the 115th Congress, Representative Griffith introduced companion measures, H.R. 446, related to the Gathright Project, and 

H.R. 447, related to the Flannagan project, in the House of Representatives on January 11, 2017. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 730 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on March 30, 2017, by a majority voice vote of a 

quorum present, recommends that the Senate pass S. 730. 

SECTION-BY-SECTION ANALYSIS

Section 1 authorizes the Commission to extend, for up to six 

years, the commencement of construction deadline for two projects: 

the Flannagan Hydroelectric Project (No. 12740), to be located at 

the U.S. Army Corps of Engineers’ (Corps) John W. Flannagan 

Dam and Reservoir, on the Pound River in Dickinson County, Virginia, and the Gathright Hydroelectric Project (No. 12737), to be located at the Corps’ Gathright Dam in Alleghany County, Virginia. 

This section also authorizes the Commission to reinstate the license for either project if the license has expired prior to the date 

of enactment of this Act. If so reinstated, the reinstated license is 

to be effective as of the date of expiration of the previous extension. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

CBO estimates that implementing S. 730 would have no net effect on the federal budget. The bill would authorize the Federal Energy Regulatory Commission (FERC) to reinstate the licenses and 

extend the deadline for beginning construction of two hydroelectric 

projects in Virginia: the Gathright Hydroelectric Project (number 

12737) and the Flannagan Hydroelectric Project (number 12740). 

The proposed extensions could have a minor effect on FERC’s 

workload; however, because FERC recovers 100 percent of its costs 

through user fees, any change in that agency’s costs (which are 

controlled through annual appropriation acts) would be offset by an 


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equal change in fees that the commission charges, resulting in no 

net change in federal spending. 

Enacting S. 730 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting S. 730 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2028. 

S. 730 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. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by H. Samuel Papenfuss, 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. 730. 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. 730, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 730, 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

Executive Communications were not requested by the Committee 

on Energy and Natural Resources in the 115th Congress. 

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 the bill as ordered reported. 

Æ 


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