I 
111TH CONGRESS 
1ST SESSION H. R. 4349 
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. CAMP-
BELL, 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 Cali-
fornia, Mr. GEORGE MILLER of California, Ms. RICHARDSON, Ms. ROY-
BAL-ALLARD, Mr. ROYCE, Ms. LINDA T. SA´NCHEZ of California, Ms. LO-
RETTA 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 re-
ferred to the Committee on Natural Resources 
A BILL 
To further allocate and expand the availability of hydro-
electric power generated at Hoover Dam, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hoover Power Alloca-
tion Act of 2009’’. 
SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. 
(a) SCHEDULE A POWER.—Section 105(a)(1)(A) of 
the Hoover Power Plant Act of 1984 (43 U.S.C. 
619a(a)(1)(A)) is amended— 
(1) by striking ‘‘renewal’’; 
(2) by striking ‘‘June 1, 1987’’ and inserting 
‘‘October 1, 2017’’; and 
(3) by striking Schedule A and inserting the 
following: 
‘‘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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(b) SCHEDULE B POWER.—Section 105(a)(1)(B) of 
the Hoover Power Plant Act of 1984 (43 U.S.C. 
619a(a)(1)(B)) is amended to read as follows: 
‘‘(B) To each existing contractor for power generated 
at Hoover Dam, a contract, for delivery commencing Octo-
ber 1, 2017, of the amount of contingent capacity and 
firm 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’’. 
(c) SCHEDULE C POWER.—Section 105(a)(1)(C) of 
the Hoover Power Plant Act of 1984 (43 U.S.C. 
619a(a)(1)(C)) is amended— 
(1) by striking ‘‘June 1, 1987’’ and inserting 
‘‘October 1, 2017’’; and 
(2) by striking Schedule C and inserting the 
following: 
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‘‘Schedule C 
Excess Energy 
Priority of entitlement to excess energy 
State 
First: Meeting Arizona’s first priority right to deliv-
ery of excess energy which is equal in each year 
of operation to 200 million kilowatthours: Pro-
vided, That in the event excess energy in the 
amount of 200 million kilowatthours is not gen-
erated 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 obliga-
tions 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 ex-
ceeding 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’’. 
(d) SCHEDULE D POWER.—Section 105(a) of the 
Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) is 
amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) The Secretary of Energy is authorized to and 
shall create from the apportioned allocation of contingent 
capacity and firm energy adjusted from the amounts au-
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thorized in this Act in 1984 to the amounts shown in 
Schedule A and Schedule B, as modified by the Hoover 
Power Allocation Act of 2009, a resource pool equal to 
5 percent of the full rated capacity of 2,074,000 kilowatts, 
and associated firm energy, as shown in Schedule D (re-
ferred to in this section as ‘Schedule D contingent capac-
ity and firm 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 
‘‘(B) The Secretary of Energy shall offer Schedule 
D contingency capacity and firm energy to entities not re-
ceiving contingent capacity and firm energy under sub-
paragraphs (A) and (B) of paragraph (1) (referred to in 
this section as ‘new allottees’) for delivery commencing 
October 1, 2017 pursuant to this subsection. In this sub-
section, the term ‘the marketing area for the Boulder City 
Area Projects’ shall have the same meaning as in appendix 
A of the General Consolidated Power Marketing Criteria 
or Regulations for Boulder City Area Projects published 
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in the Federal Register on December 28, 1984 (49 Fed-
eral Register 50582 et seq.) (referred to in this section 
as the ‘Criteria’). 
‘‘(C)(i) Within 18 months of the date of enactment 
of the Hoover Power Allocation Act of 2009, the Secretary 
of Energy shall allocate through the Western Area Power 
Administration (referred to in this section as ‘Western’), 
for delivery commencing October 1, 2017, for use in the 
marketing area for the Boulder City Area Projects 66.7 
percent of the Schedule D contingent capacity and firm 
energy to new allottees that are located within the mar-
keting area for the Boulder City Area Projects and that 
are— 
‘‘(I) eligible to enter into contracts under sec-
tion 5 of the Boulder Canyon Project Act (43 U.S.C. 
617d); or 
‘‘(II) federally recognized Indian tribes. 
‘‘(ii) In the case of Arizona and Nevada, Schedule 
D contingent capacity and firm energy for new allottees 
shall be offered through the Arizona Power Authority and 
the Colorado River Commission of Nevada, respectively. 
‘‘(iii) In performing its allocation of Schedule D 
power provided for in this subparagraph, Western shall 
apply criteria developed in consultation with the States of 
Arizona, Nevada, and California. 
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‘‘(D) Within 1 year of the date of enactment of the 
Hoover Power Allocation Act of 2009, the Secretary of 
Energy also shall allocate, for delivery commencing Octo-
ber 1, 2017, for use in the marketing area for the Boulder 
City Area Projects 11.1 percent of the Schedule D contin-
gent capacity and firm energy to each of— 
‘‘(i) the Arizona Power Authority for allocation 
to new allottees in the State of Arizona; 
‘‘(ii) the Colorado River Commission of Nevada 
for allocation to new allottees in the State of Ne-
vada; and 
‘‘(iii) Western for allocation to new allottees 
within the State of California. 
‘‘(E) Each contract offered pursuant to this sub-
section shall include a provision requiring the new allottee 
to pay a proportionate share of its State’s respective con-
tribution (determined in accordance with each State’s ap-
plicable funding agreement) to the cost of the Lower Colo-
rado River Multi-Species Conservation Program (as de-
fined in section 9401 of the Omnibus Public Land Man-
agement Act of 2009 (Public Law 111–11; 123 Stat. 
1327)), and to execute the Boulder Canyon Project Imple-
mentation Agreement Contract No. 95–PAO–10616 (re-
ferred to in this section as the ‘Implementation Agree-
ment’). 
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‘‘(F) Any of the 66.7 percent of Schedule D contin-
gent capacity and firm energy that is to be allocated by 
Western that is not allocated and placed under contract 
by October 1, 2017, shall be returned to those contractors 
shown in Schedule A and Schedule B in the same propor-
tion as those contractors’ allocations of Schedule A and 
Schedule B contingent capacity and firm energy. Any of 
the 33.3 percent of Schedule D contingent capacity and 
firm energy that is to be distributed within the States of 
Arizona, Nevada, and California that is not allocated and 
placed under contract by October 1, 2017, shall be re-
turned to the Schedule A and Schedule B contractors 
within the State in which the Schedule D contingent ca-
pacity and firm energy were to be distributed, in the same 
proportion as those contractors’ allocations of Schedule A 
and Schedule B contingent capacity and firm energy.’’. 
(e) TOTAL OBLIGATIONS.—Paragraph (3) of section 
105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 
619a(a)) (as redesignated as subsection (d)(1)) is amend-
ed— 
(1) in the first sentence, by striking ‘‘schedule 
A of subsection (a)(1)(A) of this section and sched-
ule B of subsection (a)(1)(B) of this section’’ and in-
serting ‘‘pursuant to paragraphs (1)(A), (1)(B), and 
(2)’’; and 
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(2) in the second sentence— 
(A) by striking ‘‘any’’ and inserting 
‘‘each’’; 
(B) by striking ‘‘schedule C’’ and inserting 
‘‘Schedule C’’; and 
(C) by striking ‘‘schedules A and B’’ and 
inserting ‘‘Schedules A, B, and D’’. 
(f) POWER MARKETING CRITERIA.—Paragraph (4) 
of section 105(a) of the Hoover Power Plant Act of 1984 
(43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) 
is amended to read as follows: 
‘‘(4) Subdivision E of the Criteria shall be deemed 
to have been modified to conform to this section, as modi-
fied by the Hoover Power Allocation Act of 2009. The Sec-
retary of Energy shall cause to be included in the Federal 
Register a notice conforming the text of the regulations 
to such modifications.’’. 
(g) CONTRACT TERMS.—Paragraph (5) of section 
105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 
619a(a)) (as redesignated as subsection (d)(1)) is amend-
ed— 
(1) by striking subparagraph (A) and inserting 
the following: 
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‘‘(A) in accordance with section 5(a) of the 
Boulder Canyon Project Act (43 U.S.C. 617d(a)), 
expire September 30, 2067;’’; 
(2) in the proviso of subparagraph (B)— 
(A) by striking ‘‘shall use’’ and inserting 
‘‘shall allocate’’; and 
(B) by striking ‘‘and’’ after the semicolon 
at the end; 
(3) in subparagraph (C), by striking the period 
at the end and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(D) authorize and require Western to collect 
from new allottees a pro rata share of Hoover Dam 
repayable advances paid for by contractors prior to 
October 1, 2017, and remit such amounts to the 
contractors that paid such advances in proportion to 
the amounts paid by such contractors as specified in 
section 6.4 of the Implementation Agreement; 
‘‘(E) permit transactions with an independent 
system operator; and 
‘‘(F) contain the same material terms included 
in section 5.6 of those long-term contracts for pur-
chases from the Hoover Power Plant that were made 
in accordance with this Act and are in existence on 
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ergy to deliver contingent capacity and firm energy pursu-
ant to contracts entered into pursuant to this section shall 
be subject to availability of the water needed to produce 
such contingent capacity and firm energy. In the event 
that water is not available to produce the contingent ca-
pacity and firm energy set forth in Schedule A, Schedule 
B, and Schedule D, the Secretary of Energy shall adjust 
the contingent capacity and firm energy offered under 
those Schedules in the same proportion as those contrac-
tors’ allocations of Schedule A, Schedule B, and Schedule 
D contingent capacity and firm energy bears to the full 
rated contingent capacity and firm energy obligations.’’. 
(k) CONFORMING AMENDMENTS.—Section 105 of the 
Hoover Power Plant Act of 1984 (43 U.S.C. 619a) is 
amended— 
(1) by striking subsections (e) and (f); and 
(2) by redesignating subsections (g), (h), and 
(i) as subsections (e), (f), and (g), respectively. 
(l) CONTINUED CONGRESSIONAL OVERSIGHT.—Sub-
section (e) of section 105 of the Hoover Power Plant Act 
of 1984 (43 U.S.C. 619a)) (as redesignated by subsection 
(k)(2)) is amended— 
(1) in the first sentence, by striking ‘‘the re-
newal of’’; and 
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(2) in the second sentence, by striking ‘‘June 1, 
1987, and ending September 30, 2017’’ and insert-
ing ‘‘October 1, 2017, and ending September 30, 
2067’’. 
(m) COURT CHALLENGES.—Subsection (f)(1) of sec-
tion 105 of the Hoover Power Plant Act of 1984 (43 
U.S.C. 619a) (as redesignated by subsection (k)(2)) is 
amended in the first sentence by striking ‘‘this Act’’ and 
inserting ‘‘the Hoover Power Allocation Act of 2009’’. 
(n) REAFFIRMATION OF CONGRESSIONAL DECLARA-
TION OF PURPOSE.—Subsection (g) of section 105 of the 
Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as 
redesignated by subsection (k)(2)) is amended— 
(1) by striking ‘‘subsections (c), (g), and (h) of 
this section’’ and inserting ‘‘this Act’’; and 
(2) by striking ‘‘June 1, 1987, and ending Sep-
tember 30, 2017’’ and inserting ‘‘October 1, 2017, 
and ending September 30, 2067’’. 
Æ 
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