I 
117TH CONGRESS 
2D SESSION 
H. R. 9563 
To direct the Administrator of the Western Area Power Administration to 
provide its firm electric service customers with credits from shortfalls 
in generation from certain Bureau of Reclamation hydroelectric facilities, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 14, 2022 
Mr. STEWART introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To direct the Administrator of the Western Area Power 
Administration to provide its firm electric service cus-
tomers with credits from shortfalls in generation from 
certain Bureau of Reclamation hydroelectric facilities, 
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. HYDROPOWER DROUGHT MITIGATION. 
(a) NOTIFICATION
OF POWER AVAILABLE.—Not 
later than 30 days after the date of the enactment of this 
section, the Administrator shall notify existing firm elec-
tric service customers of certain Bureau of Reclamation 
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Projects of the amount of energy expected to be available 
for delivery during the 12-month period after such notifi-
cation, based on the Bureau of Reclamation’s most recent 
24-month study that is issued each month, from the fol-
lowing: 
(1) Salt Lake City Area Integrated Projects. 
(2) The Boulder Canyon Project. 
(3) The Parker-Davis Project. 
(b) PRO RATA REDUCTION.— 
(1) SALT
LAKE
CITY
AREA
INTEGRATED 
PROJECTS.—If the annual amount of energy from 
the Salt Lake City Area Integrated Projects is ex-
pected to be less than 4,900,000 MWh, the Adminis-
trator shall apply a pro rata credit from the general 
fund of the Treasury for each firm electric service 
customer of the Salt Lake City Area Integrated 
Projects on each monthly invoice for firm electric 
service until such time as the energy production re-
turns to levels equal to or greater than 4,900,000 
MWh. 
(2) BOULDER CANYON PROJECT.—If the annual 
amount of energy from the Boulder Canyon Project 
is expected to be less than 3,600,000 MWh, the Ad-
ministrator shall apply a pro rata credit from the 
general fund of the Treasury for each firm electric 
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service customer of the Boulder Canyon Project on 
each monthly invoice for firm electric service until 
such time as the energy production returns to levels 
equal to or greater than 3,600,000 MWh. 
(3) PARKER-DAVIS
PROJECT.—If the annual 
amount of energy from the Parker-Davis Project is 
expected to be less than 1,400,000 MWh, the Ad-
ministrator shall apply a pro rata credit from the 
general fund of the Treasury for each firm electric 
service customer of the Parker-Davis Project on 
each monthly invoice for firm electric service until 
such time as the energy production returns to levels 
equal to or greater than 1,400,000 MWh. 
(c) CREDIT COMPOSITION.— 
(1) IN GENERAL.—For purposes of calculating 
a pro rata credit required under subsection (b), the 
Administrator shall— 
(A) determine costs for each Project set 
forth in invoices for firm electric service; 
(B) calculate a credit based on levels set 
forth under subsection (b) as compared to the 
available energy anticipated in the notice set 
forth under subsection (a); and 
(C) apply such credit to each firm electric 
service customer’s monthly firm electric service 
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invoice total to reflect decreased hydropower 
output. 
(2) OTHER OBLIGATIONS.—Nothing in this sub-
section shall preempt obligations of the Adminis-
trator to set rates to recover such costs unrelated to 
hydropower production as may be required by law. 
(d) COSTS NONREIMBURSABLE.—Any costs incurred 
by the United States in carrying out the requirements of 
this section shall be nonreimbursable and nonreturnable 
to the United States. 
(e) NO RETROACTIVE RATES.—Notwithstanding any 
other provision of law, the Administrator shall not recover 
credits provided pursuant to this section in future rates. 
(f) EFFECT.—Nothing in this section shall— 
(1) alter or affect any water rights held by— 
(A) the United States; 
(B) any Indian Tribe, band, or community; 
(C) any State or political subdivision of a 
State; or 
(D) any person; 
(2) be construed or interpreted as authorizing 
the Secretary of the Interior to change or otherwise 
modify existing operations at Bureau of Reclamation 
facilities in the Colorado River basin; or 
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(3) be construed or interpreted to authorize a 
change in the existing terms of the Second Memo-
randum of Agreement Concerning the Upper Colo-
rado River Basin Fund. 
(g) ADMINISTRATOR DEFINED.—In this section, the 
term ‘‘Administrator’’ means the Administrator of the 
Western Area Power Administration. 
(h) TERMINATION.—All authorities provided under 
this section shall terminate on December 31, 2026. 
Æ 
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