59–010 

Calendar No. 337 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–192 

W. KERR SCOTT 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. 2083] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2083) to extend the deadline for commencement 

of construction of a hydroelectric project, having considered the 

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

PURPOSE

The purpose of S. 2083 is to extend the deadline for commencement of construction of the W. Kerr Scott hydroelectric project in 

North Carolina. 

BACKGROUND AND NEED

On July 17, 2012, the Federal Energy Regulatory Commission 

(Commission) granted the Wilkesboro Hydroelectric Company, 

LLC, a license for its proposed 4–MW W. Kerr Scott Hydroelectric 

Project (No. 12642) to be located at the existing, non-powered, U.S. 

Army Corps of Engineers’ (Corps) W. Kerr Scott Dam in the State 

of North Carolina. 

On July 24, 2013, the Commission approved the transfer of the 

license from Wilkesboro Hydroelectric Company to Wilkesboro Hydropower, LLC. On May 7, 2014, the Commission granted 

Wilkesboro Hydropower a two-year extension, the maximum allowed under section 13 of the Federal Power Act, to extend the 

deadline of the project commencement to July 17, 2016. Given the 

extensive and ongoing review process undertaken by the Corps to 

ensure that the proposed development does not conflict with the 

authorized purposes of flood control and water supply, Wilkesboro 


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Hydropower seeks an extension of the project commencement deadline. 

LEGISLATIVE HISTORY

S. 2083 was introduced by Senators Burr and Tillis on September 28, 2015. H.R. 3447, the companion bill to S. 2083, was introduced in the House by Representative Foxx on September 8, 

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

committee hearing on October 8, 2015 to consider S. 2083. 

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

Energy and Natural Resources, on a voice vote, ordered S. 2083 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. 

2083. 

SECTION-BY-SECTION ANALYSIS

Section 1 authorizes the Commission, at the request of the licensee for the project and after reasonable notice in accordance 

with Commission procedures, to extend the time period during 

which the licensee is required to commence project construction for 

up to six years. Section 1 also authorizes the Commission to reinstate the license if the license has expired prior to the date of enactment of this Act. If so reinstated, the license is to be effective 

as of the date of its expiration. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

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. 2083, a bill to extend the 

deadline for commencement of construction of a hydroelectric 

project. 

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

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 2083—A bill to extend the deadline for commencement of construction of a hydroelectric project 

CBO estimates that implementing S. 2083 would have no net effect on the federal budget. The bill would authorize the Federal Energy Regulatory Commission (FERC) to reinstate the license and 


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extend the deadline for beginning construction of a hydroelectric 

project (number 12642) involving the W. Kerr Scott Hydropower 

Project in North Carolina. The proposed extension 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. 2083 would not affect direct spending or revenues; 

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

that enacting S. 2083 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2026. 

S. 2083 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. 2083. 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. 2083, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2083, 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 Commission on S. 2083 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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