I 
115TH CONGRESS 
1ST SESSION H. R. 2880 
To amend the Federal Power Act to promote closed-loop pumped storage 
hydropower, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2017 
Mr. GRIFFITH introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Power Act to promote closed-loop 
pumped storage hydropower, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Closed- 
Loop Pumped Storage Hydropower Act’’. 
SEC. 2. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 34. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(1) 
CLOSED-LOOP
PUMPED
STORAGE 
PROJECT.—The term ‘closed-loop pumped storage 
project’ means a project— 
‘‘(A) in which the upper and lower res-
ervoirs do not impound or directly withdraw 
water from navigable waters; or 
‘‘(B) that is not continuously connected to 
a naturally flowing water feature. 
‘‘(2) FEDERAL
AUTHORIZATION.—The term 
‘Federal authorization’— 
‘‘(A) means any authorization required 
under Federal law with respect to an applica-
tion for a license, license amendment, or exemp-
tion under this part; and 
‘‘(B) includes any permits, special use au-
thorizations, certifications, opinions, or other 
approvals as may be required under Federal law 
to approve or implement the license, license 
amendment, or exemption under this part. 
‘‘(b) IN GENERAL.—As provided in this section, the 
Commission may issue and amend licenses and prelimi-
nary permits, as appropriate, for closed-loop pumped stor-
age projects. 
‘‘(c) DAM SAFETY.—Before issuing any license for a 
closed-loop pumped storage project, the Commission shall 
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assess the safety of existing dams and other structures 
related to the project (including possible consequences as-
sociated with failure of such structures). 
‘‘(d) LICENSE
CONDITIONS.—With respect to a 
closed-loop pumped storage project, the authority of the 
Commission to impose conditions on a license under sec-
tions 4(e), 10(a), 10(g), and 10(j) shall not apply, and 
any condition included in or applicable to a closed-loop 
pumped storage project licensed under this section, includ-
ing any condition or other requirement of a Federal au-
thorization, shall be limited to those that are— 
‘‘(1) necessary to protect public safety; or 
‘‘(2) reasonable, economically feasible, and es-
sential to prevent loss of or damage to, or to miti-
gate adverse effects on, fish and wildlife resources 
directly caused by the construction and operation of 
the project, as compared to the environmental base-
line existing at the time the Commission completes 
its environmental review. 
‘‘(e) TRANSFERS.—Notwithstanding section 5, and 
regardless of whether the holder of a preliminary permit 
for a closed-loop pumped storage project claimed munic-
ipal preference under section 7(a) when obtaining the per-
mit, the Commission may, to facilitate development of a 
closed-loop pumped storage project— 
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‘‘(1) add entities as joint permittees following 
issuance of a preliminary permit; and 
‘‘(2) transfer a license in part to one or more 
nonmunicipal entities as co-licensees with a munici-
pality.’’. 
Æ 
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