II 

111TH CONGRESS 

1ST SESSION S. 1758 

To provide for the allocation of costs to project power with respect to power 

development within the Diamond Fork System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2009 

Mr. BENNETT (for himself and Mr. HATCH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the allocation of costs to project power with 

respect to power development within the Diamond Fork 

System, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bonneville Unit Clean 

5 Hydropower Facilitation Act’’. 

6 SEC. 2. DIAMOND FORK SYSTEM DEFINED. 

7 For the purposes of this Act, the term ‘‘Diamond 

8 Fork System’’ means the facilities described in chapter 4 


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•S 1758 IS

1 of the October 2004 Supplement to the 1988 Definite 

2 Plan Report for the Bonneville Unit. 

3 SEC. 3. COST ALLOCATIONS. 

4 Notwithstanding any other provision of law, in order 

5 to facilitate hydropower development on the Diamond 

6 Fork System, the amount of reimbursable costs allocated 

7 to project power in chapter 6 of the Power Appendix in 

8 the October 2004 Supplement to the 1988 Bonneville Unit 

9 Definite Plan Report, with regard to power development 

10 within the Diamond Fork System, shall be considered final 

11 costs as well as costs in excess of the total maximum re12 payment obligation as defined in section 211 of the Cen13 tral Utah Project Completion Act of 1992 (Public Law 

14 102–575), and shall be subject to the same terms and con15 ditions. 

16 SEC. 4. NO PURCHASE OR MARKET OBLIGATION; NO COSTS 

17 ASSIGNED TO POWER. 

18 Nothing in this Act shall obligate the Western Area 

19 Power Administration to purchase or market any of the 

20 power produced by the Diamond Fork power plant and 

21 none of the costs associated with development of trans22 mission facilities to transmit power from the Diamond 

23 Fork power plant shall be assigned to power for the pur24 pose of Colorado River Storage Project ratemaking. 


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•S 1758 IS

1 SEC. 5. PROHIBITION ON TAX-EXEMPT FINANCING. 

2 No facility for the generation or transmission of hy3 droelectric power on the Diamond Fork System may be 

4 financed or refinanced, in whole or in part, with proceeds 

5 of any obligation— 

6 (1) the interest on which is exempt from the 

7 tax imposed under chapter 1 of the Internal Rev8 enue Code of 1986, or 

9 (2) with respect to which credit is allowable 

10 under subpart I or J of part IV of subchapter A of 

11 chapter 1 of such Code. 

12 SEC. 6. REPORTING REQUIREMENT. 

13 If, 24 months after the date of the enactment of this 

14 Act, hydropower production on the Diamond Fork System 

15 has not commenced, the Secretary of the Interior shall 

16 submit a report to the Committee on Natural Resources 

17 of the House of Representatives and the Committee on 

18 Energy and Natural Resources of the Senate stating this 

19 fact, the reasons such production has not yet commenced, 

20 and a detailed timeline for future hydropower production. 

Æ 


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