Calendar No. 571

103D CONGRESS

2D SESSION S. 2384

[Report No. 103–336]

A BILL

To extend the deadlines applicable to certain hydroand for other purposes. electric projects under the Federal Power Act,

AUGUST 12 (legislative day, AUGUST 11), 1994

Read twice and placed on the calendar
II

Calendar No. 571

103D CONGRESS

2D SESSION S. 2384

[Report No. 103–336]

To extend the deadlines applicable to certain hydroelectric projects under

the Federal Power Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 12 (legislative day, AUGUST 11), 1994

Mr. JOHNSTON, 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 under the Federal Power Act, 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 1994’’.
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1 TITLE I—PROJECTS IN THE STATE OF

2 ALASKA

3 SEC. 101. STATE LICENSING JURISDICTION OVER SMALL

4 PROJECTS.

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

6 791a 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16 application is withdrawn at the election of the appli17 cant);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 a

21 single State; 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

25 segment of a river designated for study for potential
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1 addition to such system, the State in which such

2 project works are located shall have the exclusive au3 thority to authorize such project works under State

4 law, in lieu of licensing by the Commission under the

5 otherwise applicable provisions of this part, effective

6 upon the date on which the Governor of the State

7 notifies the Secretary of Energy that the State has

8 assessed its river resources in a comprehensive way

9 and has in place a process for regulating such

10 projects which gives appropriate consideration to the

11 improvement or development of the State’s water12 ways for the use or benefit of intrastate, interstate,

13 or foreign commerce, for the improvement and use

14 of waterpower development, for the adequate protec15 tion, mitigation of damage to, and enhancement of

16 fish and wildlife (including related spawning

17 grounds), and for other beneficial public uses, in18 cluding irrigation, flood control, water supply, rec19 reational and other purposes, and Indian rights, if

20 applicable.

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

22 to authorization by a State under subsection (c) but for

23 the fact that the project has been licensed by the Commis24 sion prior to the enactment of subsection (c), the licensee
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1 of such project may in its discretion elect to make the

2 project subject to the authorizing authority of the State.

3 ‘‘(e) With respect to projects located in whole or in

4 part on Federal lands, State authorizations for project

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

6 subject to the approval of the Secretary having jurisdiction

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

8 conditions as the Secretary may prescribe.

9 ‘‘(f) Nothing in subsection (c) shall preempt the ap10 plication of Federal environment, natural, or cultural re11 sources protection laws according to their terms.’’.

12 SEC. 102. REMOVAL OF FEDERAL ENERGY REGULATORY

13 COMMISSION JURISDICTION.

14 The following projects located entirely within the

15 State of Alaska are removed from the jurisdiction of the

16 Federal Energy Regulatory Commission and all applicable

17 laws and regulations relating to such jurisdiction—

18 (1) a project located at Sitka, Alaska, identified

19 in FERC Docket No. UL89–08; and

20 (2) a project located near Nondalton, Alaska,

21 identified in FERC Docket No. EL88–25.
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1 TITLE II—PROJECTS IN THE STATE OF

2 ARKANSAS

3 SEC. 201. EXTENSION OF DEADLINE.

4 That notwithstanding the time limitations of section

5 13 of the Federal Power Act, the Federal Energy Regu6 latory Commission, upon the request of the licensee for

7 FERC projects numbered 4204, 4660 and 4659 (and after

8 reasonable notice), is authorized, in accordance with the

9 good faith, due diligence and public interest requirements

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

11 such section, to extend the time required for commence12 ment of construction of the projects for a maximum of

13 two years. This section shall take effect for the project

14 upon the expiration of the extension (issued by the Com15 mission under such section 13) of the period required for

16 commencement of construction of such project.

17 TITLE III—PROJECTS IN THE STATE OF

18 HAWAII

19 SEC. 301. EXEMPTION FOR PROJECTS ON FRESH WATERS

20 IN THE STATE OF HAWAII.

21 (a) GENERAL LICENSING AUTHORITY.—Section 4(e)

22 of the Federal Power Act is amended by striking ‘‘several

23 States, or upon’’ and inserting ‘‘several States (except

24 fresh waters in the State of Hawaii), or upon’’.
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1 (b) MANDATORY LICENSING AUTHORITY.—Section

2 23(b) of the Federal Power Act is amended by striking

3 ‘‘United States, or upon’’ and inserting ‘‘United States

4 (except fresh waters in the State of Hawaii), or upon’’.

5 TITLE IV—PROJECTS IN THE STATE OF

6 IDAHO

7 SEC. 401. EXTENSION OF DEADLINE.

8 Notwithstanding the time limitation of section 13 of

9 the Federal Power Act, the Federal Energy Regulatory

10 Commission, upon the request of the licensee for FERC

11 project numbered 4797, is authorized, in accordance with

12 the good faith, due diligence, and public interest require13 ments of such section 13 and the Commission’s procedures

14 under such section, to extend until March 28, 2000 the

15 time required for the licensee to commence the construc16 tion of such project.

17 TITLE V—PROJECTS IN THE STATE OF

18 ILLINOIS

19 SEC. 501. PROJECT NUMBER 3943.

20 (a) EXTENSION.—Notwithstanding the time limita21 tions of section 13 of the Federal Power Act (16 U.S.C.

22 806), the Federal Energy Regulatory Commission (re23 ferred to in this Act as the ‘‘Commission’’), upon the re24 quest of licensee for FERC project numbered 3943 (and

25 after reasonable notice), may extend the time required for
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1 commencement of construction of such project for not

2 more than three consecutive two-year periods, in accord3 ance with subsections (b) and (c).

4 (b) CONDITIONS.—An extension may be granted

5 under subsection (a) only in accordance with—

6 (1) the good faith, due diligence, and public in7 terest requirements contained in section 13 of the

8 Federal Power Act (16 U.S.C. 806); and

9 (2) the procedures of the Commission under

10 such section.

11 (c) EFFECTIVE DATE.—This section shall take effect

12 for FERC project numbered 3943 upon the expiration of

13 the extension of the period required for commencement of

14 construction of such project issued by the Commission

15 under section 13 of the Federal Power Act (16 U.S.C.

16 806).

17 SEC. 502. PROJECT NUMBER 3944.

18 (a) EXTENSION.—Notwithstanding the time limita19 tions of section 13 of the Federal Power Act (16 U.S.C.

20 806), the Federal Energy Regulatory Commission, upon

21 the request of the licensee for FERC project numbered

22 3944 (and after reasonable notice), may extend the time

23 required for commencement of construction of such

24 project for not more than three consecutive two-year peri25 ods, in accordance with subsections (b) and (c).
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1 (b) CONDITIONS.—An extension may be granted

2 under subsection (a) only in accordance with—

3 (1) the good faith, due diligence, and public in4 terest requirements contained in section 13 of the

5 Federal Power Act (16 U.S.C. 806); and

6 (2) the procedures of the Commission under

7 such section.

8 (c) EFFECTIVE DATE.—This section shall take effect

9 for FERC project numbered 3944 upon the expiration of

10 the extension of the period required for commencement of

11 construction of such project issued by the Commission

12 under section 13 of the Federal Power Act (16 U.S.C.

13 806).

14 TITLE VII—PROJECTS IN THE STATE OF

15 NEW MEXICO

16 SEC. 701. EXEMPTION OF PORTION OF EL VADO HYDRO17 ELECTRIC PROJECT FROM LICENSING RE18 QUIREMENT OF PART I OF THE FEDERAL

19 POWER ACT.

20 (a) Part I of the Federal Power Act shall not be ap21 plicable to the portion of the El Vado Hydroelectric

22 Project, New Mexico (FERC project numbered 5226) that

23 is described in subsection (b).

24 (b) The portion of the El Vado Hydroelectric Project

25 referred to in subsection (a) consists of the 69 KV trans-
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1 mission line, including the right of way, which originates

2 in the switchyard of such project and extends north to the

3 Spills Switching Station operated by the Northern Rio

4 Arriba Electric Cooperative, Inc., located in Rio Arriba

5 County, New Mexico.

6 TITLE VIII—PROJECTS IN THE STATE OF

7 OREGON

8 SEC. 801. EXTENSION OF DEADLINE.

9 The Federal Energy Regulatory Commission is au10 thorized and directed to reinstate effective May 23, 1993

11 the hydroelectric license previously issued for project num12 bered 7829. Commencement of construction within the

13 meaning of section 13 of the Federal Power Act shall com14 mence within four years of the date of enactment of this

15 section.

16 TITLE IX—PROJECTS IN THE STATE OF

17 WASHINGTON

18 SEC. 901. EXTENSION OF DEADLINE.

19 Notwithstanding the time limitation of section 13 of

20 the Federal Power Act, the Federal Energy Regulatory

21 Commission, upon the request of the licensee for FERC

22 project numbered 3701, is authorized, in accordance with

23 the good faith, due diligence, and public interest require24 ments of such section 13 and the Commission’s procedures

25 under such section, to extend until May 31, 2000, the time
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1 required for the licensee to commence the construction of

2 such project.