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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-682

======================================================================



 
    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.