49–010 

Calendar No. 213 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–133 

GIBSON DAM 

SEPTEMBER 9, 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. 1104] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1104) to extend the deadline for commencement 

of construction of a hydroelectric project involving the Gibson Dam, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 1104 is to extend the deadline for commencement of construction of a hydroelectric project involving the Gibson 

Dam. 

BACKGROUND AND NEED

Gibson Dam Hydroelectric Project was licensed as Federal Energy Regulatory Commission (FERC) Project No. 12478 in 2014, 

and subsequently received the maximum two-year extension in 

2014. The deadline for the commencement of construction is currently January 12, 2016. Section 13 of the Federal Power Act provides that, if construction does not timely commence, the Commission must terminate the license. Due to unforeseen delays in procuring the necessary rights-of-way and working with the U.S. Fish 

and Wildlife Service on transmission corridor compliance, legislation is required to extend the construction commencement deadline. 

LEGISLATIVE HISTORY

Senator Daines introduced S. 1104 on April 27, 2015. The bill is 

co-sponsored by Senators Risch and Tester. The Committee on EnVerDate Sep 11 2014 00:10 Sep 13, 2015 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR133.XXX SR133

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ergy and Natural Resources conducted a legislative hearing on S. 

1104 on May 19, 2015. 

The Committee on Energy and Natural Resources met in open 

business session on July 30, 2015, and ordered S. 1104 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 30, 2015, by majority voice vote of 

a quorum present, recommends that the Senate pass S. 1104. 

SECTION-BY-SECTION ANALYSIS

Section 1 requires The Federal Energy Regulatory Commission 

(FERC), at the request of the licensee for the project and after reasonable notice, and in accordance with FERC procedures, to extend 

the time period during which the licensee is required to commence 

the construction of project works to a 6-year period that begins on 

the date of the current construction commencement deadline. 

COST AND BUDGETARY CONSIDERATIONS

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

S. 1104—A bill to extend the deadline for commencement of construction of a hydroelectric project involving the Gibson Dam 

CBO estimates that implementing S. 1104 would have no net effect on the federal budget. The bill would authorize the Federal Energy Regulatory Commission (FERC) to reinstate the license and 

extend the deadline for beginning construction of a hydroelectric 

project (number 12478–003) involving the Gibson Dam in Montana. 

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. S. 1104 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

S. 1104 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 Theresa Gullo, 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. 1104. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 


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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. 1104, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1104, as 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 testimony provided by the Federal Energy Regulatory Commission at the May 19, 2015 Full Committee hearing on S. 1104 

is as 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 S. 1104, as ordered reported. 

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