59–010 

Calendar No. 335 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–190 

MAHONEY LAKE HYDROELECTRIC PROJECT 

DECEMBER 16, 2015.—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. 2046] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2046) to authorize the Federal Energy Regulatory Commission to issue an order continuing a stay of a hydroelectric license for the Mahoney Lake hydroelectric project in the 

State of Alaska, and for other purposes, having considered the 

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

PURPOSE

The purpose of S. 2046 is to direct the Federal Energy Regulatory Commission to issue an order continuing a stay of a hydroelectric license for the Mahoney Lake hydroelectric project in the 

State of Alaska. 

BACKGROUND AND NEED

The Mahoney Lake Hydroelectric Project was first proposed in 

the 1990s as a 9.6 MW lake-tap project. In 2002, Congress directed 

the Federal Energy Regulatory Commission (Commission) to grant 

a stay for the project’s construction until not later than 6 years 

after the Commission received written notice that the Swan-Tyee 

electrical transmission intertie was completed. The Commission received written notice of the completion of the Swan-Tyee electrical 

transmission intertie on October 4, 2011, thus requiring the Commission to lift the stay no later than October 4, 2017. 

Currently, the Southeast Alaska Power Authority (SEAPA) is reviewing potential power sources to meet the City of Ketchikan’s 

projected power needs over the next decade. As part of that study, 


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SEAPA is considering the merits of a number of projects, including 

the construction of Mahoney Lake. In order to keep the Mahoney 

Lake hydropower project viable as a potential renewable energy 

project, the Cape Fox Native Corporation of Ketchikan, Alaska 

Power and Telephone Company, and the City of Saxman seek an 

additional stay of the license for the Mahoney Lake project, along 

with a potential extension of the construction start deadline. 

LEGISLATIVE HISTORY

S. 2046 was introduced by Senator Murkowski on September 17, 

2015. The Committee on Energy and Natural Resources held a full 

committee hearing on October 8, 2015 to consider the bill. 

At its business meeting on November 19, 2015, the Committee on 

Energy and Natural Resources, on a voice vote, ordered S. 2046 favorably reported without amendment. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in 

open business session on November 19, 2015, by a majority voice 

vote of a quorum present, recommends that the Senate pass S. 

2046. 

SECTION-BY-SECTION ANALYSIS

Section 1. Stay and Reinstatement of FERC License No. 11393 for 

the Mahoney Lake Hydroelectric Project. 

Section 1(a) defines key terms. 

Section 1(b) directs the Commission, at the request of the licensee, to issue a stay of license. 

Section 1(c) directs the Commission, at the request of the licensee, to lift the stay of the license and make the effective date 

of the license the day the stay is lifted. Such request by the licensee must be made within 10 years of the date of enactment of 

this Act. 

Section 1(d) directs the Commission, at the request of the licensee, to extend the time period for project construction commencement for up to six years. Such extension is to be undertaken 

after reasonable notice and in accordance with the good faith, due 

diligence, and public interest requirements of section 13 of the Federal Power Act. 

Section 1(e) clarifies that S. 2046 does not prioritize or create any 

advantage or disadvantage for the Mahoney Lake Hydroelectric 

Project. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, December 9, 2015. 

Hon. LISA MURKOWSKI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 2046, a bill to authorize 

the Federal Energy Regulatory Commission to issue an order continuing a stay of a hydroelectric license for the Mahoney Lake hydroelectric project in the state of Alaska, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll, who can 

be reached at 226–2860. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 2046—A bill to authorize the Federal Energy Regulatory Commission to issue an order continuing a stay of a hydroelectric 

license for the Mahoney Lake hydroelectric project in the state 

of Alaska, and for other purposes 

CBO estimates that implementing S. 2046 would have no net effect on the federal budget. The bill would direct the Federal Energy 

Regulatory Commission (FERC), at the request of the licensee of 

the Mahoney Lake hydroelectric project in Alaska (number 11393), 

to issue an order to continue a stay of the license for that project. 

The bill also would direct FERC, upon the licensee’s request, to 

subsequently lift that stay and extend for up to three consecutive 

two-year periods the deadline for beginning construction of the hydroelectric project. 

Enacting S. 2046 could have a minor impact 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 

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

net change in federal spending. 

Enacting S. 2046 would not affect direct spending or revenues; 

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

that enacting S. 2046 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2026. 

S. 2046 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. 2046. The bill is not a regulatory measure in the sense of imposVerDate Sep 11 2014 02:42 Dec 23, 2015 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190

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ing 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. 2046, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2046, 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

The letter from the Chairman of the Federal Energy Regulatory 

Commission on S. 2046, follows: 


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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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