Calendar No. 100

104TH CONGRESS

1ST SESSION S. 737

[Report No. 104–77]

A BILL

hydroelectric projects, and for other purposes.

To extend the deadlines applicable to certain

APRIL 27 (legislative day, APRIL 24), 1995

Placed on the calendar
II

Calendar No. 100

104TH CONGRESS

1ST SESSION S. 737

[Report No. 104–77]

To extend the deadlines applicable to certain hydroelectric projects, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 27 (legislative day, APRIL 24), 1995

Mr. MURKOWSKI, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the

calendar

A BILL

To extend the deadlines applicable to certain hydroelectric

projects, 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 ‘‘Federal Power Act

5 Amendments of 1995’’.
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1 SEC. 2. EXTENSION OF COMMENCEMENT OF CONSTRUC2 TION DEADLINE FOR CERTAIN HYDRO3 ELECTRIC PROJECTS LOCATED IN THE

4 STATE OF WEST VIRGINIA.

5 (a) IN GENERAL.—Notwithstanding the time period

6 specified in section 13 of the Federal Power Act (16

7 U.S.C. 806) that would otherwise apply to the Federal En8 ergy Regulatory Commission projects numbered 6901 and

9 6902, the Commission shall, upon the request of the li10 censee for those projects, in accordance with the good

11 faith, due diligence, and public interest requirements of

12 that section, the Commission’s procedures under that sec13 tion, and the procedures specified in that section, extend

14 the time period during which the licensee is required to

15 commence construction of those projects so as to termi16 nate on October 3, 1999.

17 (b) APPLICABILITY.—Subsection (a) shall take effect

18 for the projects upon the expiration of the extension, is19 sued by the Commission under section 13 of the Federal

20 Power Act (16 U.S.C. 806), of the period required for

21 commencement of construction of the projects.

22 (c) REINSTATEMENT OF EXPIRED LICENSE.—If a li23 cense for a project described in subsection (a) has expired

24 prior to the date of enactment of this Act, the Commission

25 shall reinstate the license effective as of the date of its
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1 expiration and extend the time required for commence2 ment of construction of the project until October 3, 1999.

3 SEC. 3. EXTENSION OF COMMENCEMENT OF CONSTRUC4 TION DEADLINE FOR A HYDROELECTRIC

5 PROJECT LOCATED IN THE STATE OF KEN6 TUCKY.

7 (a) IN GENERAL.—Notwithstanding the time period

8 specified in section 13 of the Federal Power Act (16

9 U.S.C. 806) that would otherwise apply to the Federal En10 ergy Regulatory Commission project numbered 10228, the

11 Commission may, at the request of the licensee for the

12 project and after reasonable notice, in accordance with the

13 good faith, due diligence, and public interest requirements

14 of that section and the Commission’s procedures under

15 that section, extend the time period during which the li16 censee is required to commence the construction of the

17 project, under the extension described in subsection (b),

18 for not more than 3 consecutive 2-year periods.

19 (b) EFFECTIVE DATE.—This section shall take effect

20 on the date of the expiration of the extension of the period

21 required for commencement of construction of the project

22 described in subsection (a) that the Commission issued,

23 prior to the date of enactment of this Act, under section

24 13 of the Federal Power Act (16 U.S.C. 806).
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1 SEC. 4. EXTENSION OF COMMENCEMENT OF CONSTRUC2 TION DEADLINE FOR A HYDROELECTRIC

3 PROJECT LOCATED IN THE STATE OF WASH4 INGTON.

5 Notwithstanding the time limitation of section 13 of

6 the Federal Power Act, the Federal Energy Regulatory

7 Commission, upon the request of the licensee for FERC

8 Project No. 3701, is authorized, in accordance with the

9 good faith, due diligence, and public interest requirements

10 of section 13 and the Commission’s procedures under such

11 section, to extend until May 31, 2001, the time required

12 for the licensee to commence the construction of such

13 project. This section shall take effect for the project upon

14 the expiration of the extension (issued by the Commission

15 under section 13) of the period required for commence16 ment of construction of such project. If the license for

17 FERC Project 3701 should expire prior to the date of en18 actment of this Act, the Commission is authorized and di19 rected to reinstate effective June 1, 1995, the license pre20 viously issued for such project, to extend until May 31,

21 2001, the time required for the licensee to commence the

22 construction of such project.
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1 SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUC2 TION DEADLINE FOR A HYDROELECTRIC

3 PROJECT LOCATED IN THE STATE OF OR4 EGON.

5 Notwithstanding the expiration of the permit and

6 notwithstanding the time period specified in section 13 of

7 the Federal Power Act (16 U.S.C. 806) that would other8 wise apply to the Federal Energy Regulatory Commission

9 project numbered 7829, the Commission shall, at the re10 quest of the licensee for the project, reinstate the permit

11 effective May 23, 1993, and extend the time period during

12 which the licensee is required to commence the construc13 tion of the project to the date that is 4 years after the

14 date of enactment of this Act.

15 SEC. 6. EXTENSION OF COMMENCEMENT OF CONSTRUC16 TION DEADLINE FOR CERTAIN HYDRO17 ELECTRIC PROJECTS LOCATED IN THE

18 STATE OF ARKANSAS.

19 Notwithstanding the time limitations of section 13 of

20 the Federal Power Act (16 U.S.C. 806), the Federal En21 ergy Regulatory Commission, upon the request of the li22 censee for FERC projects numbered 4204, 4660, and

23 4659 (and after reasonable notice), is authorized, in ac24 cordance with the good faith, due diligence, and public in25 terest requirements of section 13 and the Commission’s

26 procedures under such section, to extend the time required
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1 for commencement of construction of the projects for a

2 maximum of three consecutive two-year periods. This sec3 tion shall take effect for the project upon the expiration

4 of the extension (issued by the Commission under section

5 13) of the period required for commencement of such

6 project.

7 SEC. 7. LIMITED EXEMPTION TO HYDROELECTRIC LICENS8 ING PROVISIONS FOR TRANSMISSION FACILI9 TIES ASSOCIATED WITH THE EL VADO HY10 DROELECTRIC PROJECT.

11 (a) EXEMPTION.—Part I of the Federal Power Act,

12 and the jurisdiction of the Federal Energy Regulatory

13 Commission under such part I, shall not apply to the

14 transmission line facilities associated with the El Vado

15 Hydroelectric Project (FERC Project No. 5226–002)

16 which are described in subsection (b).

17 (b) FACILITIES COVERED BY EXEMPTION.—The fa18 cilities to which the exemption under subsection (a) ap19 plies are those transmission facilities located near the Rio

20 Chama, a tributary of the Rio Grande, in Rio Arriba

21 County, New Mexico, referred to as the El Vado trans22 mission line, a three phase 12-mile long 69 kV power line

23 installed within a 50-foot wide right-of-way in Rio Arriba

24 County, New Mexico, originating at the El Vado Project’s

25 switchyard and connecting to the Spills 69 kV Switching
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1 Station operated by the Northern Arriba Electric Coopera2 tive, Inc.

3 SEC. 8. ALASKA STATE JURISDICTION OVER SMALL HYDRO4 ELECTRIC PROJECTS.

5 The Federal Power Act, as amended, (16 U.S.C.

6 1791a et seq.) is further amended by adding the following

7 at the end of section 23:

8 ‘‘(c) In the case of any project works in the State

9 of Alaska—

10 ‘‘(1) that are not part of a project licensed

11 under this Act prior to the date of enactment of this

12 subsection;

13 ‘‘(2) for which a license application has not

14 been accepted for filing by the Commission prior to

15 the date of enactment of this subsection (unless such

16 application is withdrawn at the election of the appli17 cant);

18 ‘‘(3) having a power production capacity of

19 5,000 kilowatts or less;

20 ‘‘(4) located entirely within the boundaries of

21 the State of Alaska; and

22 ‘‘(5) not located in whole or in part on any In23 dian reservation, unit of the National Park System,

24 component of the Wild and Scenic Rivers System or
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1 segment of a river designated for study for potential

2 addition to such system,

3 the State of Alaska shall have the exclusive authority to

4 authorize such project works under State law, in lieu of

5 licensing by the Commission under the otherwise applica6 ble provisions of this part, effective upon the date on which

7 the Governor of the State of Alaska notifies the Secretary

8 of Energy that the State has in place a process for regu9 lating such projects which gives appropriate consideration

10 to the improvement or development of the State’s water11 ways for the use or benefit of intrastate, interstate, or for12 eign commerce, for the improvement and use of water13 power development, for the adequate protection, mitiga14 tion of damage to, and enhancement of fish and wildlife

15 (including related spawning grounds), and for other bene16 ficial public uses, including irrigation, flood control, water

17 supply, recreational and other purposes, and Indian

18 rights, if applicable.

19 ‘‘(d) In the case of a project that would be subject

20 to authorization by the State under subsection (c) but for

21 the fact that the project has been licensed by the Commis22 sion prior to the enactment of subsection (c), the licensee

23 of such project may in its discretion elect to make the

24 project subject to the authorizing authority of the State.
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1 ‘‘(e) With respect to projects located in whole or in

2 part on Federal lands, State authorizations for project

3 works pursuant to subsection (c) of this section shall be

4 subject to the approval of the Secretary having jurisdiction

5 with respect to such lands and subject to such terms and

6 conditions as the Secretary may prescribe.

7 ‘‘(f) Nothing in subsection (c) shall preempt the ap8 plication of Federal environment, natural, or cultural re9 sources protection laws according to their terms.’’.

10 SEC. 9. FERC VOLUNTARY LICENSING OF HYDROELECTRIC

11 PROJECTS ON FRESH WATERS IN THE STATE

12 OF HAWAII.

13 Section 4(e) of the Federal Power Act is amended

14 by striking ‘‘several States, or upon’’ and inserting ‘‘sev15 eral States (except fresh waters in the State of Hawaii,

16 unless a license would be required by section 23 of the

17 Act), or upon’’.