I 

111TH CONGRESS 

1ST SESSION H. R. 4349 

To further allocate and expand the availability of hydroelectric power 

generated at Hoover Dam, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mrs. NAPOLITANO (for herself, Mr. BACA, Mr. BECERRA, Ms. BERKLEY, Mr. 

BERMAN, Mr. BILBRAY, Mrs. BONO MACK, Mr. CALVERT, Mr. CAMPBELL, Mrs. CAPPS, Ms. CHU, Mr. COSTA, Mrs. DAVIS of California, Mr. 

DREIER, Mr. FRANKS of Arizona, Mr. GALLEGLY, Mr. GARAMENDI, Mr. 

GRIJALVA, Ms. HARMAN, Mr. HELLER, Mr. HONDA, Mr. HUNTER, Mr. 

ISSA, Ms. LEE of California, Mr. LEWIS of California, Ms. MATSUI, Mr. 

MCCARTHY of California, Mr. MCKEON, Mr. GARY G. MILLER of California, Mr. GEORGE MILLER of California, Ms. RICHARDSON, Ms. ROYBAL-ALLARD, Mr. ROYCE, Ms. LINDA T. SA ́NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. SHADEGG, Mr. SHERMAN, Mr. 

SCHIFF, Ms. TITUS, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Ms. 

WOOLSEY, and Mr. FLAKE) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To further allocate and expand the availability of hydroelectric power generated at Hoover Dam, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Hoover Power Alloca3 tion Act of 2009’’. 

4 SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 

5 (a) SCHEDULE A POWER.—Section 105(a)(1)(A) of 

6 the Hoover Power Plant Act of 1984 (43 U.S.C. 

7 619a(a)(1)(A)) is amended— 

8 (1) by striking ‘‘renewal’’; 

9 (2) by striking ‘‘June 1, 1987’’ and inserting 

10 ‘‘October 1, 2017’’; and 

11 (3) by striking Schedule A and inserting the 

12 following: 

‘‘Schedule A 

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to 

Boulder Canyon project contractors 

Contractor 

Contingent 

capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

Metropolitan Water 

District of 

Southern 

California ............. 249,948 859,163 368,212 1,227,375

City of Los Angeles 495,732 464,108 199,175 663,283

Southern California 

Edison Company .. 280,245 166,712 71,448 238,160

City of Glendale ....... 18,178 45,028 19,297 64,325

City of Pasadena ..... 11,108 38,622 16,553 55,175

City of Burbank ....... 5,176 14,070 6,030 20,100

Arizona Power 

Authority .............. 190,869 429,582 184,107 613,689

Colorado River 

Commission of 

Nevada ................. 190,869 429,582 184,107 613,689

United States, for 

Boulder City ........ 20,198 53,200 22,800 76,000

Totals ....................... 1,462,323 2,500,067 1,071,729 3,571,796’’. 


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1 (b) SCHEDULE B POWER.—Section 105(a)(1)(B) of 

2 the Hoover Power Plant Act of 1984 (43 U.S.C. 

3 619a(a)(1)(B)) is amended to read as follows: 

4 ‘‘(B) To each existing contractor for power generated 

5 at Hoover Dam, a contract, for delivery commencing Octo6 ber 1, 2017, of the amount of contingent capacity and 

7 firm energy specified for that contractor in the following 

8 table: 

‘‘Schedule B 

Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to 

Boulder Canyon project contractors 

Contractor 

Contingent 

capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

City of Glendale ....... 2,020 2,749 1,194 3,943

City of Pasadena ....... 9,089 2,399 1,041 3,440

City of Burbank ......... 15,149 3,604 1,566 5,170

City of Anaheim ........ 40,396 34,442 14,958 49,400

City of Azusa ............. 4,039 3,312 1,438 4,750

City of Banning ......... 2,020 1,324 576 1,900

City of Colton ............ 3,030 2,650 1,150 3,800

City of Riverside ........ 30,296 25,831 11,219 37,050

City of Vernon ........... 22,218 18,546 8,054 26,600

Arizona ...................... 189,860 140,600 60,800 201,400

Nevada ....................... 189,860 273,600 117,800 391,400

Totals ......................... 507,977 509,057 219,796 728,853’’. 

9 (c) SCHEDULE C POWER.—Section 105(a)(1)(C) of 

10 the Hoover Power Plant Act of 1984 (43 U.S.C. 

11 619a(a)(1)(C)) is amended— 

12 (1) by striking ‘‘June 1, 1987’’ and inserting 

13 ‘‘October 1, 2017’’; and 

14 (2) by striking Schedule C and inserting the 

15 following: 


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‘‘Schedule C 

Excess Energy 

Priority of entitlement to excess energy State 

First: Meeting Arizona’s first priority right to delivery of excess energy which is equal in each year 

of operation to 200 million kilowatthours: Provided, That in the event excess energy in the 

amount of 200 million kilowatthours is not generated during any year of operation, Arizona 

shall accumulate a first right to delivery of excess 

energy subsequently generated in an amount not 

to exceed 600 million kilowatthours, inclusive of 

the current year’s 200 million kilowatthours. Said 

first right of delivery shall accrue at a rate of 

200 million kilowatthours per year for each year 

excess energy in an amount of 200 million 

kilowatthours is not generated, less amounts of 

excess energy delivered. ......................................... Arizona 

Second: Meeting Hoover Dam contractual obligations under Schedule A of subsection (a)(1)(A), 

under Schedule B of subsection (a)(1)(B), and 

under Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of 

operation. .............................................................. Arizona, Nevada, and 

California 

Third: Meeting the energy requirements of the three 

States, such available excess energy to be divided 

equally among the States. ..................................... Arizona, Nevada, and 

California’’. 

1 (d) SCHEDULE D POWER.—Section 105(a) of the 

2 Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) is 

3 amended— 

4 (1) by redesignating paragraphs (2), (3), and 

5 (4) as paragraphs (3), (4), and (5), respectively; and 

6 (2) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2)(A) The Secretary of Energy is authorized to and 

9 shall create from the apportioned allocation of contingent 

10 capacity and firm energy adjusted from the amounts auVerDate Nov 24 2008 02:06 Dec 19, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4349.IH H4349

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1 thorized in this Act in 1984 to the amounts shown in 

2 Schedule A and Schedule B, as modified by the Hoover 

3 Power Allocation Act of 2009, a resource pool equal to 

4 5 percent of the full rated capacity of 2,074,000 kilowatts, 

5 and associated firm energy, as shown in Schedule D (re6 ferred to in this section as ‘Schedule D contingent capac7 ity and firm energy’): 

‘‘Schedule D 

Long-term Schedule D resource pool of contingent capacity and associated firm energy for new 

allottees 

State 

Contingent 

capacity 

(kW) 

Firm energy (thousands of kWh) 

Summer Winter Total 

New Entities 

Allocated by the 

Secretary of Energy 69,170 105,637 45,376 151,013 

New Entities 

Allocated by State 

Arizona ...................... 11,510 17,580 7,533 25,113 

California .................. 11,510 17,580 7,533 25,113 

Nevada ....................... 11,510 17,580 7,533 25,113 

Totals ......................... 103,700 158,377 67,975 226,352 

8 ‘‘(B) The Secretary of Energy shall offer Schedule 

9 D contingency capacity and firm energy to entities not re10 ceiving contingent capacity and firm energy under sub11 paragraphs (A) and (B) of paragraph (1) (referred to in 

12 this section as ‘new allottees’) for delivery commencing 

13 October 1, 2017 pursuant to this subsection. In this sub14 section, the term ‘the marketing area for the Boulder City 

15 Area Projects’ shall have the same meaning as in appendix 

16 A of the General Consolidated Power Marketing Criteria 

17 or Regulations for Boulder City Area Projects published 


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1 in the Federal Register on December 28, 1984 (49 Fed2 eral Register 50582 et seq.) (referred to in this section 

3 as the ‘Criteria’). 

4 ‘‘(C)(i) Within 18 months of the date of enactment 

5 of the Hoover Power Allocation Act of 2009, the Secretary 

6 of Energy shall allocate through the Western Area Power 

7 Administration (referred to in this section as ‘Western’), 

8 for delivery commencing October 1, 2017, for use in the 

9 marketing area for the Boulder City Area Projects 66.7 

10 percent of the Schedule D contingent capacity and firm 

11 energy to new allottees that are located within the mar12 keting area for the Boulder City Area Projects and that 

13 are— 

14 ‘‘(I) eligible to enter into contracts under sec15 tion 5 of the Boulder Canyon Project Act (43 U.S.C. 

16 617d); or 

17 ‘‘(II) federally recognized Indian tribes. 

18 ‘‘(ii) In the case of Arizona and Nevada, Schedule 

19 D contingent capacity and firm energy for new allottees 

20 shall be offered through the Arizona Power Authority and 

21 the Colorado River Commission of Nevada, respectively. 

22 ‘‘(iii) In performing its allocation of Schedule D 

23 power provided for in this subparagraph, Western shall 

24 apply criteria developed in consultation with the States of 

25 Arizona, Nevada, and California. 


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1 ‘‘(D) Within 1 year of the date of enactment of the 

2 Hoover Power Allocation Act of 2009, the Secretary of 

3 Energy also shall allocate, for delivery commencing Octo4 ber 1, 2017, for use in the marketing area for the Boulder 

5 City Area Projects 11.1 percent of the Schedule D contin6 gent capacity and firm energy to each of— 

7 ‘‘(i) the Arizona Power Authority for allocation 

8 to new allottees in the State of Arizona; 

9 ‘‘(ii) the Colorado River Commission of Nevada 

10 for allocation to new allottees in the State of Ne11 vada; and 

12 ‘‘(iii) Western for allocation to new allottees 

13 within the State of California. 

14 ‘‘(E) Each contract offered pursuant to this sub15 section shall include a provision requiring the new allottee 

16 to pay a proportionate share of its State’s respective con17 tribution (determined in accordance with each State’s ap18 plicable funding agreement) to the cost of the Lower Colo19 rado River Multi-Species Conservation Program (as de20 fined in section 9401 of the Omnibus Public Land Man21 agement Act of 2009 (Public Law 111–11; 123 Stat. 

22 1327)), and to execute the Boulder Canyon Project Imple23 mentation Agreement Contract No. 95–PAO–10616 (re24 ferred to in this section as the ‘Implementation Agree25 ment’). 


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1 ‘‘(F) Any of the 66.7 percent of Schedule D contin2 gent capacity and firm energy that is to be allocated by 

3 Western that is not allocated and placed under contract 

4 by October 1, 2017, shall be returned to those contractors 

5 shown in Schedule A and Schedule B in the same propor6 tion as those contractors’ allocations of Schedule A and 

7 Schedule B contingent capacity and firm energy. Any of 

8 the 33.3 percent of Schedule D contingent capacity and 

9 firm energy that is to be distributed within the States of 

10 Arizona, Nevada, and California that is not allocated and 

11 placed under contract by October 1, 2017, shall be re12 turned to the Schedule A and Schedule B contractors 

13 within the State in which the Schedule D contingent ca14 pacity and firm energy were to be distributed, in the same 

15 proportion as those contractors’ allocations of Schedule A 

16 and Schedule B contingent capacity and firm energy.’’. 

17 (e) TOTAL OBLIGATIONS.—Paragraph (3) of section 

18 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

19 619a(a)) (as redesignated as subsection (d)(1)) is amend20 ed— 

21 (1) in the first sentence, by striking ‘‘schedule 

22 A of subsection (a)(1)(A) of this section and sched23 ule B of subsection (a)(1)(B) of this section’’ and in24 serting ‘‘pursuant to paragraphs (1)(A), (1)(B), and 

25 (2)’’; and 


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1 (2) in the second sentence— 

2 (A) by striking ‘‘any’’ and inserting 

3 ‘‘each’’; 

4 (B) by striking ‘‘schedule C’’ and inserting 

5 ‘‘Schedule C’’; and 

6 (C) by striking ‘‘schedules A and B’’ and 

7 inserting ‘‘Schedules A, B, and D’’. 

8 (f) POWER MARKETING CRITERIA.—Paragraph (4) 

9 of section 105(a) of the Hoover Power Plant Act of 1984 

10 (43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) 

11 is amended to read as follows: 

12 ‘‘(4) Subdivision E of the Criteria shall be deemed 

13 to have been modified to conform to this section, as modi14 fied by the Hoover Power Allocation Act of 2009. The Sec15 retary of Energy shall cause to be included in the Federal 

16 Register a notice conforming the text of the regulations 

17 to such modifications.’’. 

18 (g) CONTRACT TERMS.—Paragraph (5) of section 

19 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

20 619a(a)) (as redesignated as subsection (d)(1)) is amend21 ed— 

22 (1) by striking subparagraph (A) and inserting 

23 the following: 


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1 ‘‘(A) in accordance with section 5(a) of the 

2 Boulder Canyon Project Act (43 U.S.C. 617d(a)), 

3 expire September 30, 2067;’’; 

4 (2) in the proviso of subparagraph (B)— 

5 (A) by striking ‘‘shall use’’ and inserting 

6 ‘‘shall allocate’’; and 

7 (B) by striking ‘‘and’’ after the semicolon 

8 at the end; 

9 (3) in subparagraph (C), by striking the period 

10 at the end and inserting a semicolon; and 

11 (4) by adding at the end the following: 

12 ‘‘(D) authorize and require Western to collect 

13 from new allottees a pro rata share of Hoover Dam 

14 repayable advances paid for by contractors prior to 

15 October 1, 2017, and remit such amounts to the 

16 contractors that paid such advances in proportion to 

17 the amounts paid by such contractors as specified in 

18 section 6.4 of the Implementation Agreement; 

19 ‘‘(E) permit transactions with an independent 

20 system operator; and 

21 ‘‘(F) contain the same material terms included 

22 in section 5.6 of those long-term contracts for pur23 chases from the Hoover Power Plant that were made 

24 in accordance with this Act and are in existence on 


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1 the date of enactment of the Hoover Power Alloca2 tion Act of 2009.’’. 

3 (h) EXISTING RIGHTS.—Section 105(b) of the Hoo4 ver Power Plant Act of 1984 (43 U.S.C. 619a(b)) is 

5 amended by striking ‘‘2017’’ and inserting ‘‘2067’’. 

6 (i) OFFERS.—Section 105(c) of the Hoover Power 

7 Plant Act of 1984 (43 U.S.C. 619a(c)) is amended to read 

8 as follows: 

9 ‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.— 

10 If any existing contractor fails to accept an offered con11 tract, the Secretary of Energy shall offer the contingent 

12 capacity and firm energy thus available first to other enti13 ties in the same State listed in Schedule A and Schedule 

14 B, second to other entities listed in Schedule A and Sched15 ule B, third to other entities in the same State which re16 ceive contingent capacity and firm energy under sub17 section (a)(2) of this section, and last to other entities 

18 which receive contingent capacity and firm energy under 

19 subsection (a)(2) of this section.’’. 

20 (j) AVAILABILITY OF WATER.—Section 105(d) of the 

21 Hoover Power Plant Act of 1984 (43 U.S.C. 619a(d) is 

22 amended to read as follows: 

23 ‘‘(d) WATER AVAILABILITY.—Except with respect to 

24 energy purchased at the request of an allottee pursuant 

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1 ergy to deliver contingent capacity and firm energy pursu2 ant to contracts entered into pursuant to this section shall 

3 be subject to availability of the water needed to produce 

4 such contingent capacity and firm energy. In the event 

5 that water is not available to produce the contingent ca6 pacity and firm energy set forth in Schedule A, Schedule 

7 B, and Schedule D, the Secretary of Energy shall adjust 

8 the contingent capacity and firm energy offered under 

9 those Schedules in the same proportion as those contrac10 tors’ allocations of Schedule A, Schedule B, and Schedule 

11 D contingent capacity and firm energy bears to the full 

12 rated contingent capacity and firm energy obligations.’’. 

13 (k) CONFORMING AMENDMENTS.—Section 105 of the 

14 Hoover Power Plant Act of 1984 (43 U.S.C. 619a) is 

15 amended— 

16 (1) by striking subsections (e) and (f); and 

17 (2) by redesignating subsections (g), (h), and 

18 (i) as subsections (e), (f), and (g), respectively. 

19 (l) CONTINUED CONGRESSIONAL OVERSIGHT.—Sub20 section (e) of section 105 of the Hoover Power Plant Act 

21 of 1984 (43 U.S.C. 619a)) (as redesignated by subsection 

22 (k)(2)) is amended— 

23 (1) in the first sentence, by striking ‘‘the re24 newal of’’; and 


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1 (2) in the second sentence, by striking ‘‘June 1, 

2 1987, and ending September 30, 2017’’ and insert3 ing ‘‘October 1, 2017, and ending September 30, 

4 2067’’. 

5 (m) COURT CHALLENGES.—Subsection (f)(1) of sec6 tion 105 of the Hoover Power Plant Act of 1984 (43 

7 U.S.C. 619a) (as redesignated by subsection (k)(2)) is 

8 amended in the first sentence by striking ‘‘this Act’’ and 

9 inserting ‘‘the Hoover Power Allocation Act of 2009’’. 

10 (n) REAFFIRMATION OF CONGRESSIONAL DECLARA11 TION OF PURPOSE.—Subsection (g) of section 105 of the 

12 Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as 

13 redesignated by subsection (k)(2)) is amended— 

14 (1) by striking ‘‘subsections (c), (g), and (h) of 

15 this section’’ and inserting ‘‘this Act’’; and 

16 (2) by striking ‘‘June 1, 1987, and ending Sep17 tember 30, 2017’’ and inserting ‘‘October 1, 2017, 

18 and ending September 30, 2067’’. 

Æ 


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