I
105TH CONGRESS
1ST SESSION
H. R. 2082
To establish a Commission to conduct a comprehensive legal and factual
study of the navigational, flood control, economic development, rec-
reational, and economic impacts of the future structure, competitiveness,
and financial viability of TVA, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 1997
Mr. CLEMENT introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Science, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To establish a Commission to conduct a comprehensive legal
and factual study of the navigational, flood control, eco-
nomic development, recreational, and economic impacts
of the future structure, competitiveness, and financial
viability of TVA, 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 ‘‘TVA 2000 Regional
Commission Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) The Tennessee Valley Authority (TVA) has
been a national asset and a vital Federal agency for
sixty-four years, established by President Franklin
Delano Roosevelt and the U.S. Congress in 1933 in
order to eliminate vast flooding and poverty in the
Tennessee Valley region.
(2) The TVA has served the country and the
citizens of the Tennessee Valley well as the Nation’s
largest Federal electric power utility, as a multipur-
pose economic development agency, as a preventive
measure against the economic losses and human suf-
fering caused by the ravages of flooding, as an envi-
ronmental steward for the Nation’s fifth largest
river watershed, and as an international leader in
flood control, economic development, and power pro-
duction.
(3) The electric power industry is undergoing
sweeping changes as incentives for greater competi-
tion within the industry are explored. These changes
will have a profound impact on TVA and the 160
municipally and cooperatively owned utilities which
presently purchase power at wholesale from TVA
and distribute it to eight million customers in the
TVA Region, and potential competitors of TVA and
its wholesale customers.
(4) The TVA carries the Nation’s largest utility
debt currently exceeding $27 billion, a debt whose fi-
nancing demands over 30% of TVA’s revenues each
year.
(5) The historic mission of the TVA is now in
question and TVA’s Chairman has proposed a de-
parture from the financing and operation of the
agency’s congressionally mandated functions.
(6) The decision-making structure for the TVA
provides limited public input, oversight and account-
ability, and Congress and the Administration are the
only mechanisms for oversight and accountability for
the TVA.
(7) A Federal commission should be established
to conduct a comprehensive study of the Tennessee
Valley Authority, its mission, structure and purpose,
and to explore what changes, if any, may be nec-
essary to the TVA for future operations to assure
the protection of the interests of the citizens of the
Tennessee Valley and the Nation.
SEC. 3. THE TVA 2000 REGIONAL COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—There is es-
tablished a commission to be known as the TVA 2000 Re-
gional Commission (hereinafter referred to in this Act as
‘‘the Commission’’). The Commission shall—
(1) be composed of 12 members appointed in
accordance with subsection (b); and
(2) conduct its business in accordance with the
provisions of this Act.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commissioners shall be ap-
pointed for the life of the Commission as follows:
(A) 2 shall be appointed by the President
of the United States.
(B) 2 shall be appointed by the Speaker of
the House of Representatives.
(C) 2 shall be appointed by the Majority
Leader of the Senate.
(D) 2 shall be appointed by the Minority
Leader of the House.
(E) 2 shall be appointed by the Minority
Leader of the Senate.
(F) 2 shall be appointed by the Chairman
of the TVA Caucus upon approval of a majority
of the Caucus.
(2) PERSONS ELIGIBLE.—The members of the
Commission shall be individuals who are residents of
the TVA Region and who have knowledge or exper-
tise, whether by experience or training, in matters to
be studied by the Commission under section 4. The
members may be from the public or private sector,
and may include Federal, State, or local officers or
employees, members of academia, non-profit organi-
zations, or industry, or other interested individuals.
No person who is an officer, agent, or employee of,
or otherwise affiliated with, an investor owned elec-
tric utility shall be eligible for appointment to the
Commission.
(3) CONSULTATION REQUIRED.—The President,
the Speaker of the House of Representatives, the
Majority Leader of the Senate, the Minority Leader
of the House, the Minority Leader of the Senate,
and the Chairman of the Congressional TVA Caucus
shall consult among themselves prior to the appoint-
ment of the members of the Commission in order to
achieve, to the maximum extent possible, fair and
equitable representation of the complete range of
Tennessee Valley interests with respect to the mat-
ters to be studied by the Commission under section
4. The Commission shall consist of at least 1 rep-
resentative of municipal utilities, 1 residential rate-
payer consumer advocate, 1 representative of Valley
industrial interests, 1 rural electric cooperative rep-
resentative, 1 environmental advocate, 1 TVA em-
ployee representing labor, 1 representative of state
and local governments, and 1 representative of Val-
ley commercial interests.
(4) COMPLETION
OF
APPOINTMENTS; VACAN-
CIES.—The President, the Speaker of the House of
Representatives, and the Majority Leader of the
Senate shall conduct the consultation required under
paragraph (3) and shall each make their respective
appointments not later than 60 days after the date
of enactment of this Act. Any vacancy that occurs
during the life of the Commission shall not affect
the powers of the Commission, and shall be filled in
the same manner as the original appointment not
later than 60 days after the vacancy occurs.
(5) OPERATION OF THE COMMISSION.—
(A) CHAIRMANSHIP.—The President, the
Speaker of the House of Representatives, the
Majority Leader of the Senate, the Minority
Leader of the House, the Minority Leader of
the Senate, and the TVA Caucus Chairman
shall jointly designate one member as the
Chairman of the Commission. In the event of a
disagreement among the appointing authorities,
the Chairman shall be determined by a majority
vote of the appointing authorities. The deter-
mination of which member shall be Chairman
shall be made not later than 15 days after the
appointment of the last member of the Commis-
sion, but in no case later than 75 days after the
date of enactment of this Act.
(B) MEETINGS.—The Commission shall
meet at the call of the Chairman. The initial
meeting of the Commission shall be conducted
not later than 30 days after the appointment of
the last member of the Commission, or not later
than 30 days after the date on which appro-
priated funds are available for the Commission,
whichever is later.
(C) QUORUM; VOTING; RULES.—A majority
of the members of the Commission shall con-
stitute a quorum to conduct business, but the
Commission may establish a lesser quorum for
conducting hearings scheduled by the Commis-
sion. Each member of the Commission shall
have one vote, and the vote of each member
shall be accorded the same weight. The Com-
mission may establish by a majority vote any
other rules for the conduct of the Commission’s
business, if such rules are not inconsistent with
this Act or other applicable law.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.—
(1) IN GENERAL.—It shall be the duty of the
Commission to conduct a comprehensive legal and
factual study of the navigational, flood control, eco-
nomic development, recreational, and economic im-
pacts of the future structure, competitiveness, and
financial viability of TVA on—
(A) Federal, State, and local governments;
and
(B) communities, citizens, businesses, and
the environment within the TVA region.
(2) MATTERS TO BE STUDIED.—The matters
studied by the Commission under paragraph (1)
shall at a minimum include—
(A) a review of the TVA Act and its rel-
evance for the Tennessee Valley in the 21st cen-
tury;
(B) an assessment of the financial viability
of the TVA, including its debt, its ability to
compete in a deregulated utilities environment,
the nature and future responsibility for its
‘‘stranded costs’’, and options for dissolving
TVA’s debt;
(C) an assessment of TVA’s responsibility
for flood control, navigation, and recreational
management in the Tennessee Valley and the
extent to which, if at all, these functions should
be privatized or become the responsibility of an-
other Federal agency to the extent that these
programs impact TVA’s power program;
(D) an assessment of the structure of
TVA’s Board and whether its size, selection
process and organization are adequate for a
utility of TVA’s magnitude;
(E) an assessment of the impact of con-
gressional proposals for utilities restructuring
upon TVA and whether the restrictions upon
TVA from marketing and selling power in re-
gions outside the TVA region should continue
in a deregulated environment;
(F) an assessment of whether utilities out-
side the TVA region should be permitted to
market and sell power within the TVA region;
(G) an assessment of whether the genera-
tion and transmission functions of TVA’s power
program should be separated in a competitive
marketplace;
(H) an assessment of the contractual rela-
tionship between TVA and its power distribu-
tors;
(I) an assessment of TVA’s regulatory
role;
(J) an assessment of the future structure
of TVA as a Federal agency; and
(K) an assessment of any competitive ad-
vantages of TVA in a deregulated electricity
market.
(b) VIEWS OF INVESTOR OWNED UTILITIES.—Rep-
resentatives of investor owned electric utilities may submit
their views to the Commission to assist the Commission
in carrying out its duties under subsection (a).
(b) REPORT.—No later than 1 year after the date
on which the Commission first meets, or by December 31,
1998, whichever is later, the Commission shall submit to
the President, the Congress, and state governors and leg-
islatures within the TVA region a comprehensive report
of the Commission’s findings and conclusions, together
with any recommendations of the Commission. Such re-
port shall include a summary of all reports submitted to
the Oak Ridge National Laboratory, as specified in Sec-
tion 7, or the Commission as well as a summary of any
other material relied on by the Commission in the prepara-
tion of its report. The report should be made available for
public comment at least 60 days prior to its submission
to the Congress. The staff of Oak Ridge National Labora-
tory shall work at the request of the Commission and shall
submit such reports to the Commission.
SEC. 5. POWERS OF THE COMMISSION.
(a) HEARINGS.—
(1) IN GENERAL.—The Commission may hold
such hearings, sit and act at such times and places,
administer such oaths, take such testimony, and re-
ceive such evidence as the Commission considers ad-
visable to carry out its duties under section 4.
(2) WITNESS EXPENSES.—Witnesses requested
to appear before the Commission shall be paid the
same fees as are paid to witnesses under section
1821 of title 28, United States Code. The per diem
and mileage allowances for witnesses shall be paid
from funds appropriated to the Commission.
(b) SUBPOENAS.—
(1) IN GENERAL.—If a person fails to supply
information requested by the Commission, the Com-
mission may by majority vote require by subpoena
the production of any written or recorded informa-
tion, document, report, answer, record, account,
paper, computer file, or other date or documentary
evidence necessary to carry out its duties under sec-
tion 4. The Commission shall transmit to the Attor-
ney General a confidential, written notice at least 10
days in advance of the issuance of any such sub-
poena. A subpoena under this paragraph may re-
quire the production of materials from any place
within the United States.
(2) INTERROGATORIES.—The Commission may,
with respect only to information necessary to under-
stand any materials obtained through a subpoena
under paragraph (1), issue a subpoena requiring the
person producing such materials to answer, either
through sworn deposition or through written an-
swers provided under oath (at the election of the
person upon whom the subpoena is served), to inter-
rogatories from the Commission regarding such in-
formation. A complete recording or transcription
shall be made of any deposition made under this
paragraph.
(3) CERTIFICATION.—Each person who submits
materials or information to the Commission pursu-
ant to a subpoena issued under paragraph (1) or (2)
shall certify to the Commission the authenticity and
completeness of all materials or information submit-
ted. The provisions of section 1001 of title 18, Unit-
ed States Code, shall apply to any false statements
made with respect to the certification required under
this paragraph.
(4) TREATMENT
OF
SUBPOENAS.—Any sub-
poena issued by the Commission under paragraph
(1) or (2) shall comply with the requirements for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure.
(5) Failure to obey a subpoena.—If a person or
entity refuses to obey a subpoena issued by the
Commission under paragraph (1) or (2), the Com-
mission may apply to a United States district court
for an order requiring that person to comply with
such subpoena. The application may be made within
the judicial district in which that person is found,
resides, or transacts business. Any failure to obey
the order of the court may be punished by the court
as civil contempt.
(c) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out its duties under section 4.
Upon the request of the Commission, the head of such
department or agency may furnish such information to the
Commission.
(d) INFORMATION TO BE KEPT CONFIDENTIAL.—
The Commission shall be considered an agency of the Fed-
eral Government for purposes of section 1905 of title 18,
United States Code, and any individual employed by an
individual, entity, or organization under contract to the
Commission under section 7 shall be considered an em-
ployee of the Commission for the purposes of section 1905
of title 18, United States Code. Information obtained by
the Commission, other than information available to the
public, shall not be disclosed to any person in any manner,
except—
(1) to Commission employees or employees of
any individual, entity, or organization under contract
to the Commission under section 7 for the purpose
of receiving, reviewing, or processing such informa-
tion;
(2) upon court order; or
(3) when publicly released by the Commission
in an aggregate or summary form that does not di-
rectly or indirectly disclose—
(A) the identity of any person or business
entity; or
(B) any information which could not be re-
leased under section 1905 of title 18, United
States Code. Information from public power en-
tities and rural electric cooperatives which are
distributors of TVA power or their customers
shall not be deemed to be information available
to the public.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of
the Commission who is not an officer or employee of the
Federal Government, or whose compensation is not pre-
cluded by a State or local government position, shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for Level IV of the
Executive Schedule under section 5316 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the
duties of the Commission. All members of the Commission
who are officers or employees of the United States shall
serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of service
for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairman of the Com-
mission may, without regard to the civil service laws
and regulations, appoint and terminate an executive
director for the Commission from among the person-
nel of the Oak Ridge National Laboratory detailed
to the Commission by the Secretary of Energy under
paragraph (2). The employment and termination of
an executive director shall be subject to confirmation
by a majority of the members of the Commission.
(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Any employee of the Oak Ridge National Labora-
tory, with the approval of the Secretary of Energy
(and any other Federal Government employee, with
the approval of the head of the appropriate Federal
agency) may be detailed to the Commission, and
such detail shall be without interruption or loss of
civil service status, benefits, or privilege. The Com-
mission shall reimburse the Secretary of Energy (or
other appropriate Federal agency) for the costs of
all salary and overhead incurred by the Secretary (or
other agency) in connection with the detail of such
employees.
(d) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairman of the Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for Level V of the Executive Sched-
ule under section 5316 of such title.
SEC. 7. CONTRACTS FOR RESEARCH.
(a) THE OAK RIDGE NATIONAL LABORATORIES.—
(1) IN GENERAL.—In carrying out its duties
under section 4, the Commission shall contract with
the Oak Ridge National Laboratory for—
(A) an executive director for the Commis-
sion;
(B) staffing of the Commission; and
(C) assistance in conducting and compiling
the studies required by the Commission;
(2) REPORT REQUIRED.—The contract entered
into under paragraph (1) shall require that the Oak
Ridge National Laboratory submit reports and up-
dates to the Commission, as the Commission deems
necessary, detailing the results of its efforts under
the contract. A final report shall be issued by the
Commission no later than 12 months after the date
upon which the Commission first meets.
(b) OTHER ORGANIZATIONS.—Nothing in this section
shall be construed to limit the ability of the Commission
to enter into contracts with other entities or organizations
for research necessary to carry out the Commission’s du-
ties under section 4.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) THE
TENNESSEE
VALLEY
AUTHORITY.—
The term ‘‘Tennessee Valley Authority’’, or ‘‘TVA’’,
means the Federal agency authorized to serve the
United States and the Tennessee Valley region
under the TVA Act of 1933.
(2) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(3) THE TVA REGION.—The term ‘‘The TVA
Region’’ means each of the areas served by TVA in
the seven States of Tennessee, Alabama, Virginia,
Georgia, Mississippi, North Carolina, and Kentucky.