[House Report 109-682]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-682
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EXTENSION OF TIME FOR THE FEDERAL ENERGY REGULATORY COMMISSION
HYDROELECTRIC PROJECT NUMBERED 1651
_______
September 26, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Barton of Texas, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany S. 244]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (S. 244) to extend the deadline for commencement of
construction of a hydroelectric project in the State of
Wyoming, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark.......................................................... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
PURPOSE AND SUMMARY
The purpose of S. 244 is to extend the deadline for
commencement of construction of a 1.5 megawatt hydroelectric
project, the Swift Creek Project (No. 1651), in Wyoming.
BACKGROUND AND NEED FOR LEGISLATION
Section 13 of the Federal Power Act, 16 U.S.C. Sec. 806
(2000), provides that after the issuance by the Federal Energy
Regulatory Commission (FERC) of a hydroelectric license, the
licensee must begin construction of the project within the time
specified in the license, which can be no more than two years
after issuance of the license. FERC may extend this deadline to
begin construction by two years. Thus, under the statute, FERC
may allow a licensee a maximum of four years from the date of
license issuance to begin construction of the hydroelectric
project. Section 13 also provides that if the licensee does not
begin construction within the time specified in the license or
as extended by FERC, then, after due notice, the license shall
be terminated by order of FERC. Congress can extend the
construction deadline beyond what FERC may authorize through
appropriate legislation.
S. 244 authorizes FERC to extend the license for this
project for three consecutive two-year periods from the
expiration date of the original extension issued.
This bill will allow the further development of
hydroelectric energy.
HEARINGS
The Subcommittee on Energy and Commerce held a hearing on
nuclear waste storage and disposal policy, and hydroelectric
license extension and energy efficiency legislation, on
September 13, 2006. The Subcommittee received testimony from:
The Honorable Edward F. Sproat III, Director, Office of
Civilian Radioactive Waste Management, U.S. Department of
Energy; Mr. Luis A. Reyes, Executive Director for Operations,
U.S. Nuclear Regulatory Commission; The Honorable Stan Wise,
Chairman, Georgia Public Service Commission, on behalf of:
National Association of Regulatory Utility Commissioners; Mr.
Anthony F. Earley Jr., Chairman and CEO, DTE Energy Company, on
behalf of: Nuclear Energy Institute; Ms. Michelle Boyd,
Legislative Director, Public Citizen; The Honorable C. L.
``Butch'' Otter, Member, U.S. House of Representatives; The
Honorable Alan B. Mollohan, Member, U.S. House of
Representatives; and Mr. J. Mark Robinson, Director of the
Office of Energy Projects, Federal Energy Regulatory
Commission.
COMMITTEE CONSIDERATION
On Wednesday, September 20, 2006, the Committee on Energy
and Commerce met in open markup session and ordered S. 244
favorably reported to the House, without amendment, by a voice
vote, a quorum being present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering S.
244 reported. A motion by Mr. Deal to order S. 244 favorably
reported to the House, without amendment, was agreed to by a
voice vote.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The goal of this legislation is to authorize FERC to extend
the deadline to commence construction of a hydroelectric power
project in the State of Wyoming for up to three consecutive
two-year periods.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that S.
244, a bill to extend the deadline for commencement of
construction of a hydroelectric project in the State of
Wyoming, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
EARMARK
In compliance with H. Res. 1000 as passed by the House of
Representatives on September 14, 2006, the Committee finds that
S. 244, a bill to extend the deadline for commencement of
construction of a hydroelectric project in the State of
Wyoming, contains no earmarks.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 244, an act to
extend the deadline for commencement of construction of a
hydroelectric project in the state of Wyoming.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 244--An act to extend the deadline for commencement of construction
of a hydroelectric project in the state of Wyoming
CBO estimates that implementing S. 244 would have no net
effect on the federal budget. The legislation contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
S. 244 would authorize the Federal Energy Regulatory
Commission (FERC) to extend the deadline for construction of a
hydroelectric project (number 1651) in Lincoln County, Wyoming.
These provisions could have a minor impact on FERC's workload.
Because FERC recovers 100 percent of its costs through user
fees, any change in its administrative costs would be offset by
an equal change in the fees that the commission charges. Hence,
the legislation's provisions would have no net budgetary
impact.
Because FERC's administrative costs are limited in annual
appropriations, S. 244 would not affect direct spending or
revenues.
On February 14, 2005, CBO transmitted a cost estimate for
S. 244 as ordered reported by the Senate Committee on Energy
and Natural Resources on February 8, 2005. The estimated costs
of the two versions of the legislation are the same.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Extension of time for Federal Energy Regulatory Commission
project
Section 1 authorizes FERC to extend the time period in
which the licensee is required to commence the construction of
Project No. 1651 for three consecutive two-year periods from
the expiration date of the original extension issued.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.