IB 

Union Calendar No. 287 

111TH CONGRESS 

2D SESSION H. R. 4349 

[Report No. 111–502] 

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 

MAY 28, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on December 16, 2009] 


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•HR 4349 RH

A BILL 

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

purposes. 


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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 ‘‘Hoover Power Allocation 

5 Act of 2010’’. 

6 SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 

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

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

9 619a(a)(1)(A)) is amended— 

10 (1) by striking ‘‘renewal’’; 

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

12 ‘‘October 1, 2017’’; and 

13 (3) by striking Schedule A and inserting the fol14 lowing: 

‘‘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 firm 

7 energy specified for that contractor in the following 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’’. 

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

9 Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) 

10 is amended— 

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

12 ‘‘October 1, 2017’’; and 

13 (2) by striking Schedule C and inserting the fol14 lowing: 


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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 Hoo2 ver Power Plant Act of 1984 (43 U.S.C. 619a(a)) is amend3 ed— 

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

5 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 au11 thorized in this Act in 1984 to the amounts shown in SchedVerDate Mar 15 2010 23:50 May 28, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4349.RH H4349

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1 ule A and Schedule B, as modified by the Hoover Power 

2 Allocation Act of 2010, a resource pool equal to 5 percent 

3 of the full rated capacity of 2,074,000 kilowatts, and associ4 ated firm energy, as shown in Schedule D (referred to in 

5 this section as ‘Schedule D contingent capacity and firm 

6 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 

7 ‘‘(B) The Secretary of Energy shall offer Schedule D 

8 contingency capacity and firm energy to entities not receiv9 ing contingent capacity and firm energy under subpara10 graphs (A) and (B) of paragraph (1) (referred to in this 

11 section as ‘new allottees’) for delivery commencing October 

12 1, 2017 pursuant to this subsection. In this subsection, the 

13 term ‘the marketing area for the Boulder City Area Projects’ 

14 shall have the same meaning as in appendix A of the Gen15 eral Consolidated Power Marketing Criteria or Regulations 

16 for Boulder City Area Projects published in the Federal 


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1 Register on December 28, 1984 (49 Federal Register 50582 

2 et seq.) (referred to in this section as the ‘Criteria’). 

3 ‘‘(C)(i) Within 36 months of the date of enactment of 

4 the Hoover Power Allocation Act of 2010, the Secretary of 

5 Energy shall allocate through the Western Area Power Ad6 ministration (referred to in this section as ‘Western’), for 

7 delivery commencing October 1, 2017, for use in the mar8 keting area for the Boulder City Area Projects 66.7 percent 

9 of the Schedule D contingent capacity and firm energy to 

10 new allottees that are located within the marketing area 

11 for the Boulder City Area Projects and that are— 

12 ‘‘(I) eligible to enter into contracts under section 

13 5 of the Boulder Canyon Project Act (43 U.S.C. 

14 617d); or 

15 ‘‘(II) federally recognized Indian tribes. 

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

17 contingent capacity and firm energy for new allottees other 

18 than federally recognized Indian tribes shall be offered 

19 through the Arizona Power Authority and the Colorado 

20 River Commission of Nevada, respectively. Schedule D con21 tingent capacity and firm energy allocated to federally rec22 ognized Indian tribes shall be contracted for directly with 

23 Western. 

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

25 Hoover Power Allocation Act of 2010, the Secretary of EnVerDate Mar 15 2010 23:50 May 28, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4349.RH H4349

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1 ergy also shall allocate, for delivery commencing October 

2 1, 2017, for use in the marketing area for the Boulder City 

3 Area Projects 11.1 percent of the Schedule D contingent ca4 pacity and firm energy to each of— 

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

6 to new allottees in the State of Arizona; 

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

8 for allocation to new allottees in the State of Nevada; 

9 and 

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

11 within the State of California, provided that Western 

12 shall have 36 months to complete such allocation. 

13 ‘‘(E) Each contract offered pursuant to this subsection 

14 shall include a provision requiring the new allottee to pay 

15 a proportionate share of its State’s respective contribution 

16 (determined in accordance with each State’s applicable 

17 funding agreement) to the cost of the Lower Colorado River 

18 Multi-Species Conservation Program (as defined in section 

19 9401 of the Omnibus Public Land Management Act of 2009 

20 (Public Law 111–11; 123 Stat. 1327)), and to execute the 

21 Boulder Canyon Project Implementation Agreement Con22 tract No. 95–PAO–10616 (referred to in this section as the 

23 ‘Implementation Agreement’). 

24 ‘‘(F) Any of the 66.7 percent of Schedule D contingent 

25 capacity and firm energy that is to be allocated by Western 


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1 that is not allocated and placed under contract by October 

2 1, 2017, shall be returned to those contractors shown in 

3 Schedule A and Schedule B in the same proportion as those 

4 contractors’ allocations of Schedule A and Schedule B con5 tingent capacity and firm energy. Any of the 33.3 percent 

6 of Schedule D contingent capacity and firm energy that is 

7 to be distributed within the States of Arizona, Nevada, and 

8 California that is not allocated and placed under contract 

9 by October 1, 2017, shall be returned to the Schedule A and 

10 Schedule B contractors within the State in which the Sched11 ule D contingent capacity and firm energy were to be dis12 tributed, in the same proportion as those contractors’ allo13 cations of Schedule A and Schedule B contingent capacity 

14 and firm energy.’’. 

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

16 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

17 619a(a)) (as redesignated as subsection (d)(1)) is amend18 ed— 

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

20 of section 105(a)(1)(A) and schedule B of section 

21 105(a)(1)(B)’’ and inserting ‘‘paragraphs (1)(A), 

22 (1)(B), and (2)’’; and 

23 (2) in the second sentence— 

24 (A) by striking ‘‘any’’ and inserting ‘‘each’’; 


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

2 ‘‘Schedule C’’; and 

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

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

5 (f) POWER MARKETING CRITERIA.—Paragraph (4) of 

6 section 105(a) of the Hoover Power Plant Act of 1984 (43 

7 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) is 

8 amended to read as follows: 

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

10 have been modified to conform to this section, as modified 

11 by the Hoover Power Allocation Act of 2010. The Secretary 

12 of Energy shall cause to be included in the Federal Register 

13 a notice conforming the text of the regulations to such modi14 fications.’’. 

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

16 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 

17 619a(a)) (as redesignated as subsection (d)(1)) is amend18 ed— 

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

20 the following: 

21 ‘‘(A) in accordance with section 5(a) of the Boul22 der Canyon Project Act (43 U.S.C. 617d(a)), expire 

23 September 30, 2067;’’; 

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


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

2 ‘‘shall allocate’’; and 

3 (B) by striking ‘‘and’’ after the semicolon at 

4 the end; 

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

6 at the end and inserting a semicolon; and 

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

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

9 from new allottees a pro rata share of Hoover Dam 

10 repayable advances paid for by contractors prior to 

11 October 1, 2017, and remit such amounts to the con12 tractors that paid such advances in proportion to the 

13 amounts paid by such contractors as specified in sec14 tion 6.4 of the Implementation Agreement; 

15 ‘‘(E) permit transactions with an independent 

16 system operator; and 

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

18 in section 5.6 of those long-term contracts for pur19 chases from the Hoover Power Plant that were made 

20 in accordance with this Act and are in existence on 

21 the date of enactment of the Hoover Power Allocation 

22 Act of 2010.’’. 

23 (h) EXISTING RIGHTS.—Section 105(b) of the Hoover 

24 Power Plant Act of 1984 (43 U.S.C. 619a(b)) is amended 

25 by striking ‘‘2017’’ and inserting ‘‘2067’’. 


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

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

3 as follows: 

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

5 any existing contractor fails to accept an offered contract, 

6 the Secretary of Energy shall offer the contingent capacity 

7 and firm energy thus available first to other entities in the 

8 same State listed in Schedule A and Schedule B, second 

9 to other entities listed in Schedule A and Schedule B, third 

10 to other entities in the same State which receive contingent 

11 capacity and firm energy under subsection (a)(2) of this 

12 section, and last to other entities which receive contingent 

13 capacity and firm energy under subsection (a)(2) of this 

14 section.’’. 

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

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

17 amended to read as follows: 

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

19 energy purchased at the request of an allottee pursuant to 

20 subsection (a)(3), the obligation of the Secretary of Energy 

21 to deliver contingent capacity and firm energy pursuant 

22 to contracts entered into pursuant to this section shall be 

23 subject to availability of the water needed to produce such 

24 contingent capacity and firm energy. In the event that 

25 water is not available to produce the contingent capacity 


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1 and firm energy set forth in Schedule A, Schedule B, and 

2 Schedule D, the Secretary of Energy shall adjust the contin3 gent capacity and firm energy offered under those Schedules 

4 in the same proportion as those contractors’ allocations of 

5 Schedule A, Schedule B, and Schedule D contingent capac6 ity and firm energy bears to the full rated contingent capac7 ity and firm energy obligations.’’. 

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

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

10 amended— 

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

12 (2) by redesignating subsections (g), (h), and (i) 

13 as subsections (e), (f), and (g), respectively. 

14 (l) CONTINUED CONGRESSIONAL OVERSIGHT.—Sub15 section (e) of section 105 of the Hoover Power Plant Act 

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

17 (k)(2)) is amended— 

18 (1) in the first sentence, by striking ‘‘the renewal 

19 of’’; and 

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

21 1987, and ending September 30, 2017’’ and inserting 

22 ‘‘October 1, 2017, and ending September 30, 2067’’. 

23 (m) COURT CHALLENGES.—Subsection (f)(1) of sec24 tion 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 

25 619a) (as redesignated by subsection (k)(2)) is amended in 


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1 the first sentence by striking ‘‘this Act’’ and inserting ‘‘the 

2 Hoover Power Allocation Act of 2010’’. 

3 (n) REAFFIRMATION OF CONGRESSIONAL DECLARA4 TION OF PURPOSE.—Subsection (g) of section 105 of the 

5 Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as redes6 ignated by subsection (k)(2)) is amended— 

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

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

9 (2) by striking ‘‘June 1, 1987, and ending Sep10 tember 30, 2017’’ and inserting ‘‘October 1, 2017, and 

11 ending September 30, 2067’’. 


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Union Calendar No. 287 

111TH CONGRESS 

2D SESSION H. R. 4349 

[Report No. 111–502] 

A BILL 

To further allocate and expand the availability of 

and for other purposes. hydroelectric power generated at Hoover Dam, 

MAY 28, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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