I
103D CONGRESS
2D SESSION
H. R. 5247
To provide for extensions and modifications of certain hydro and renewable
energy programs.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. SHARP (for himself and Mr. MOORHEAD) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To provide for extensions and modifications of certain hydro
and renewable energy programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. EXTENSIONS OF DEADLINES FOR HYDRO-
POWER PROJECTS.
(a) IN GENERAL.—Notwithstanding the time limita-
tions of section 13 of the Federal Power Act (16 U.S.C.
806), the Federal Energy Regulatory Commission, upon
the request of the licensees for FERC Projects No. 3701,
3943, 3944, 4204, 4474, 4660, 4659, 4797, 6901, 6902,
9423, and 10228 (and after reasonable notice), is author-
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ized, in accordance with the good faith, due diligence, and
public interest requirements of such section 13 and the
Commission’s procedures under such section, to extend the
time required for commencement of construction for each
such project for a maximum of 2 years. This section shall
take effect for each such project upon the expiration of
the extension (issued by the Commission under such sec-
tion 13 or by Act of Congress) of the period required for
commencement of construction of such project.
(b) TERMINATION.—The authorization for issuing ex-
tensions under this section shall terminate 3 years after
the date of enactment of this section. To facilitate requests
for extensions, the Commission may consolidate the re-
quests. The Commission shall, in the case of any project
referenced in subsection (a) that has had more than 2 ex-
tensions under the Federal Power Act or any other provi-
sion of law, shall examine and, at the time of granting
extensions under this Act, report to the Congress the rea-
sons for delay in construction by each licensee and the
Commission’s views on the ability of the licensee to comply
with the construction requirements of the Federal Power
Act before the end of such extension.
SEC. 2. REINSTATEMENT
(a) IN GENERAL.—The Federal Energy Regulatory
Commission authorized and directed to reinstate effective
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May 23, 1993, in accordance with the good faith, due dili-
gence, and public interest requirements of section 13 of
the Federal Power Act (16 U.S.C. 806) and the Commis-
sion’s procedures under such section, the hydroelectric li-
cense previously issued for Project No. 7829. Commence-
ment of construction within the meaning of section 13 of
the Federal Power Act shall commence within 4 years of
such date.
(b) TERMINATION.—The authorization under this
section shall terminate 3 years after the date of enactment
of this section.
SEC. 3. EXEMPTION OF PORTION OF EL VADO HYDRO-
ELECTRIC PROJECT FROM LICENSING RE-
QUIREMENT OF PART I OF THE FEDERAL
POWER ACT.
(a) EXEMPTION.—The Federal Energy Regulatory
Commission shall provide that the 69 KV transmission
line, including the right-of-way, which originates in the
switchyard of the El Vado Hydroelectric Project, New
Mexico (FERC project numbered 5226) and extends north
to the Spills Switching Station operated by the Northern
Rio Arriba Electric Cooperative, Inc. (‘‘NORA’’), located
in Rio Arriba County, New Mexico may be exempt for the
term of the applicable license from so much of part I of
the Federal Power Act as the Commission deems nec-
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essary to permit NORA to effectively and prudently utilize
its system in conjunction with, and in furtherance of, the
license unless the Commission finds after reasonable no-
tice that such exemption is not in the public interest. The
Commission shall initiate this action upon application of
the licensee made within 120 days after the enactment of
this Act, and the Commission shall provide such exemption
without delay.
SEC. 4. CERTAIN PROJECTS UNDER THE FEDERAL POWER
ACT IN ALASKA.
(a) AMENDMENT
TO SECTION 2407(a).—Section
2407(a) of the Energy Policy Act of 1992 is amended by
striking ‘‘may’’ and inserting ‘‘shall, in the case of the
projects referenced in paragraphs (1) and (3) of this sub-
section and may, in the case of the project in paragraph
(2) of this subsection.’’.
(b) AMENDMENT
TO
SECTION
2407(f).—Section
2407(f) of such Act is amended by adding the following
new sentence at the end thereof: ‘‘The Commission shall,
on its own motion, provide such exemption at any time
after the enactment of this sentence, taking into consider-
ation any application filed with the Commission prior to
such enactment. The Commission shall report to the Con-
gress the actions taken under this section and if the Com-
mission fails to grant any such exemption in paragraphs
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(1) and (3) of subsection (a), shall explain the reasons
for such failure.’’.
SEC. 5. HAWAII LEGISLATIVE REPORT.
The Federal Energy Regulatory Commission, taking
into consideration the Commission’s Study, April 13,
1994, of Hydroelectric Licensing in the State o Hawaii,
shall initiate a proceeding for the purpose of making rec-
ommendations to the Congress in the first session of the
104th Congress for legislation to provide for the transfer
to the State of Hawaii of all or part of the Commission’s
authority under the Federal Power Act for the licensing
of new hydroelectric projects in the State of Hawaii with-
out affecting the applicability of other Federal environ-
mental laws and regulations to such projects, without
transferring such authority to the State in the case of any
such projects that could conflict with the management and
operation of any National Wildlife Refuge or National
Park in Hawaii, and without, to the greatest extent pos-
sible, establishing a precedent with respect to other States,
Guam, the Virgin Islands, and the Commonwealth of
Puerto Rico. The Commission shall obtain the views of
the State of Hawaii and other Federal environmental
agencies on any proposed legislative recommendation and
shall include such views in the report of the Commission
transferring the Commission’s recommendations to the