IB 
Union Calendar No. 287 
111TH CONGRESS 
2D SESSION 
H. R. 4349 
[Report No. 111–502] 
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 
MAY 28, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on December 16, 2009] 
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A BILL 
To further allocate and expand the availability of hydro-
electric power generated at Hoover Dam, and for other 
purposes. 
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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 ‘‘Hoover Power Allocation 
Act of 2010’’. 
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 fol-
lowing: 
‘‘Schedule A 
Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder 
Canyon project contractors 
Contractor 
Contin-
gent ca-
pacity 
(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 
Contin-
gent ca-
pacity 
(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 fol-
lowing: 
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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: Provided, 
That in the event excess energy in the amount of 
200 million kilowatthours is not generated 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 obligations 
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 exceeding 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 Hoo-
ver Power Plant Act of 1984 (43 U.S.C. 619a(a)) is amend-
ed— 
(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-
thorized in this Act in 1984 to the amounts shown in Sched-
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ule A and Schedule B, as modified by the Hoover Power 
Allocation Act of 2010, a resource pool equal to 5 percent 
of the full rated capacity of 2,074,000 kilowatts, and associ-
ated firm energy, as shown in Schedule D (referred to in 
this section as ‘Schedule D contingent capacity and firm 
energy’): 
‘‘Schedule D 
Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees 
State 
Contin-
gent ca-
pacity 
(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 receiv-
ing contingent capacity and firm energy under subpara-
graphs (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 subsection, the 
term ‘the marketing area for the Boulder City Area Projects’ 
shall have the same meaning as in appendix A of the Gen-
eral Consolidated Power Marketing Criteria or Regulations 
for Boulder City Area Projects published in the Federal 
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Register on December 28, 1984 (49 Federal Register 50582 
et seq.) (referred to in this section as the ‘Criteria’). 
‘‘(C)(i) Within 36 months of the date of enactment of 
the Hoover Power Allocation Act of 2010, the Secretary of 
Energy shall allocate through the Western Area Power Ad-
ministration (referred to in this section as ‘Western’), for 
delivery commencing October 1, 2017, for use in the mar-
keting 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 marketing area 
for the Boulder City Area Projects and that are— 
‘‘(I) eligible to enter into contracts under section 
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 other 
than federally recognized Indian tribes shall be offered 
through the Arizona Power Authority and the Colorado 
River Commission of Nevada, respectively. Schedule D con-
tingent capacity and firm energy allocated to federally rec-
ognized Indian tribes shall be contracted for directly with 
Western. 
‘‘(D) Within 1 year of the date of enactment of the 
Hoover Power Allocation Act of 2010, the Secretary of En-
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ergy also shall allocate, for delivery commencing October 
1, 2017, for use in the marketing area for the Boulder City 
Area Projects 11.1 percent of the Schedule D contingent ca-
pacity 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 Nevada; 
and 
‘‘(iii) Western for allocation to new allottees 
within the State of California, provided that Western 
shall have 36 months to complete such allocation. 
‘‘(E) Each contract offered pursuant to this subsection 
shall include a provision requiring the new allottee to pay 
a proportionate share of its State’s respective contribution 
(determined in accordance with each State’s applicable 
funding agreement) to the cost of the Lower Colorado River 
Multi-Species Conservation Program (as defined in section 
9401 of the Omnibus Public Land Management Act of 2009 
(Public Law 111–11; 123 Stat. 1327)), and to execute the 
Boulder Canyon Project Implementation Agreement Con-
tract No. 95–PAO–10616 (referred to in this section as the 
‘Implementation Agreement’). 
‘‘(F) Any of the 66.7 percent of Schedule D contingent 
capacity and firm energy that is to be allocated by Western 
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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 proportion as those 
contractors’ allocations of Schedule A and Schedule B con-
tingent 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 returned to the Schedule A and 
Schedule B contractors within the State in which the Sched-
ule D contingent capacity and firm energy were to be dis-
tributed, in the same proportion as those contractors’ allo-
cations 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 section 105(a)(1)(A) and schedule B of section 
105(a)(1)(B)’’ and inserting ‘‘paragraphs (1)(A), 
(1)(B), and (2)’’; and 
(2) in the second sentence— 
(A) by striking ‘‘any’’ and inserting ‘‘each’’; 
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(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 modified 
by the Hoover Power Allocation Act of 2010. The Secretary 
of Energy shall cause to be included in the Federal Register 
a notice conforming the text of the regulations to such modi-
fications.’’. 
(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: 
‘‘(A) in accordance with section 5(a) of the Boul-
der Canyon Project Act (43 U.S.C. 617d(a)), expire 
September 30, 2067;’’; 
(2) in the proviso of subparagraph (B)— 
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(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 con-
tractors that paid such advances in proportion to the 
amounts paid by such contractors as specified in sec-
tion 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 
the date of enactment of the Hoover Power Allocation 
Act of 2010.’’. 
(h) EXISTING RIGHTS.—Section 105(b) of the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619a(b)) is amended 
by striking ‘‘2017’’ and inserting ‘‘2067’’. 
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(i) OFFERS.—Section 105(c) of the Hoover Power 
Plant Act of 1984 (43 U.S.C. 619a(c)) is amended to read 
as follows: 
‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.—If 
any existing contractor fails to accept an offered contract, 
the Secretary of Energy shall offer the contingent capacity 
and firm energy thus available first to other entities in the 
same State listed in Schedule A and Schedule B, second 
to other entities listed in Schedule A and Schedule B, third 
to other entities in the same State which receive contingent 
capacity and firm energy under subsection (a)(2) of this 
section, and last to other entities which receive contingent 
capacity and firm energy under subsection (a)(2) of this 
section.’’. 
(j) AVAILABILITY OF WATER.—Section 105(d) of the 
Hoover Power Plant Act of 1984 (43 U.S.C. 619a(d) is 
amended to read as follows: 
‘‘(d) WATER AVAILABILITY.—Except with respect to 
energy purchased at the request of an allottee pursuant to 
subsection (a)(3), the obligation of the Secretary of Energy 
to deliver contingent capacity and firm energy pursuant 
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 capacity 
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and firm energy set forth in Schedule A, Schedule B, and 
Schedule D, the Secretary of Energy shall adjust the contin-
gent capacity and firm energy offered under those Schedules 
in the same proportion as those contractors’ allocations of 
Schedule A, Schedule B, and Schedule D contingent capac-
ity and firm energy bears to the full rated contingent capac-
ity 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 renewal 
of’’; and 
(2) in the second sentence, by striking ‘‘June 1, 
1987, and ending September 30, 2017’’ and inserting 
‘‘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 
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the first sentence by striking ‘‘this Act’’ and inserting ‘‘the 
Hoover Power Allocation Act of 2010’’. 
(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 redes-
ignated 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’’. 
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