I

103D CONGRESS

2D SESSION H. R. 5247

To provide for extensions and modifications of certain hydro and renewable

energy programs.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mr. SHARP (for himself and Mr. MOORHEAD) introduced the following bill;

which was referred to the Committee on Energy and Commerce

A BILL

To provide for extensions and modifications of certain hydro

and renewable energy programs.

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

3 SECTION. 1. EXTENSIONS OF DEADLINES FOR HYDRO4 POWER PROJECTS.

5 (a) IN GENERAL.—Notwithstanding the time limita6 tions of section 13 of the Federal Power Act (16 U.S.C.

7 806), the Federal Energy Regulatory Commission, upon

8 the request of the licensees for FERC Projects No. 3701,

9 3943, 3944, 4204, 4474, 4660, 4659, 4797, 6901, 6902,

10 9423, and 10228 (and after reasonable notice), is author-
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1 ized, in accordance with the good faith, due diligence, and

2 public interest requirements of such section 13 and the

3 Commission’s procedures under such section, to extend the

4 time required for commencement of construction for each

5 such project for a maximum of 2 years. This section shall

6 take effect for each such project upon the expiration of

7 the extension (issued by the Commission under such sec8 tion 13 or by Act of Congress) of the period required for

9 commencement of construction of such project.

10 (b) TERMINATION.—The authorization for issuing ex11 tensions under this section shall terminate 3 years after

12 the date of enactment of this section. To facilitate requests

13 for extensions, the Commission may consolidate the re14 quests. The Commission shall, in the case of any project

15 referenced in subsection (a) that has had more than 2 ex16 tensions under the Federal Power Act or any other provi17 sion of law, shall examine and, at the time of granting

18 extensions under this Act, report to the Congress the rea19 sons for delay in construction by each licensee and the

20 Commission’s views on the ability of the licensee to comply

21 with the construction requirements of the Federal Power

22 Act before the end of such extension.

23 SEC. 2. REINSTATEMENT

24 (a) IN GENERAL.—The Federal Energy Regulatory

25 Commission authorized and directed to reinstate effective
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1 May 23, 1993, in accordance with the good faith, due dili2 gence, and public interest requirements of section 13 of

3 the Federal Power Act (16 U.S.C. 806) and the Commis4 sion’s procedures under such section, the hydroelectric li5 cense previously issued for Project No. 7829. Commence6 ment of construction within the meaning of section 13 of

7 the Federal Power Act shall commence within 4 years of

8 such date.

9 (b) TERMINATION.—The authorization under this

10 section shall terminate 3 years after the date of enactment

11 of this section.

12 SEC. 3. EXEMPTION OF PORTION OF EL VADO HYDRO13 ELECTRIC PROJECT FROM LICENSING RE14 QUIREMENT OF PART I OF THE FEDERAL

15 POWER ACT.

16 (a) EXEMPTION.—The Federal Energy Regulatory

17 Commission shall provide that the 69 KV transmission

18 line, including the right-of-way, which originates in the

19 switchyard of the El Vado Hydroelectric Project, New

20 Mexico (FERC project numbered 5226) and extends north

21 to the Spills Switching Station operated by the Northern

22 Rio Arriba Electric Cooperative, Inc. (‘‘NORA’’), located

23 in Rio Arriba County, New Mexico may be exempt for the

24 term of the applicable license from so much of part I of

25 the Federal Power Act as the Commission deems nec-
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1 essary to permit NORA to effectively and prudently utilize

2 its system in conjunction with, and in furtherance of, the

3 license unless the Commission finds after reasonable no4 tice that such exemption is not in the public interest. The

5 Commission shall initiate this action upon application of

6 the licensee made within 120 days after the enactment of

7 this Act, and the Commission shall provide such exemption

8 without delay.

9 SEC. 4. CERTAIN PROJECTS UNDER THE FEDERAL POWER

10 ACT IN ALASKA.

11 (a) AMENDMENT TO SECTION 2407(a).—Section

12 2407(a) of the Energy Policy Act of 1992 is amended by

13 striking ‘‘may’’ and inserting ‘‘shall, in the case of the

14 projects referenced in paragraphs (1) and (3) of this sub15 section and may, in the case of the project in paragraph

16 (2) of this subsection.’’.

17 (b) AMENDMENT TO SECTION 2407(f).—Section

18 2407(f) of such Act is amended by adding the following

19 new sentence at the end thereof: ‘‘The Commission shall,

20 on its own motion, provide such exemption at any time

21 after the enactment of this sentence, taking into consider22 ation any application filed with the Commission prior to

23 such enactment. The Commission shall report to the Con24 gress the actions taken under this section and if the Com25 mission fails to grant any such exemption in paragraphs
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1 (1) and (3) of subsection (a), shall explain the reasons

2 for such failure.’’.

3 SEC. 5. HAWAII LEGISLATIVE REPORT.

4 The Federal Energy Regulatory Commission, taking

5 into consideration the Commission’s Study, April 13,

6 1994, of Hydroelectric Licensing in the State o Hawaii,

7 shall initiate a proceeding for the purpose of making rec8 ommendations to the Congress in the first session of the

9 104th Congress for legislation to provide for the transfer

10 to the State of Hawaii of all or part of the Commission’s

11 authority under the Federal Power Act for the licensing

12 of new hydroelectric projects in the State of Hawaii with13 out affecting the applicability of other Federal environ14 mental laws and regulations to such projects, without

15 transferring such authority to the State in the case of any

16 such projects that could conflict with the management and

17 operation of any National Wildlife Refuge or National

18 Park in Hawaii, and without, to the greatest extent pos19 sible, establishing a precedent with respect to other States,

20 Guam, the Virgin Islands, and the Commonwealth of

21 Puerto Rico. The Commission shall obtain the views of

22 the State of Hawaii and other Federal environmental

23 agencies on any proposed legislative recommendation and

24 shall include such views in the report of the Commission

25 transferring the Commission’s recommendations to the
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1 Congress. The Commission shall include its views and rec2 ommendations and those of any individual member of the

3 Commission.

4 SEC. 6. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER

5 PURPA.

6 Section 3(17)(E) of the Federal Power Act (16

7 U.S.C. 791a and following) is amended by striking

8 ‘‘1994’’ and inserting ‘‘1996’’.

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