[Senate Report 111-196]
[From the U.S. Government Publishing Office]
Calendar No. 404
111th Congress Report
SENATE
2d Session 111-196
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TIME EXTENSION OF A HYDROELECTRIC PROJECT FOR THE LITTLE WOOD RIVER
RANCH
_______
May 24, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3100]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3100) to reinstate and extend the
deadline for commencement of construction of a hydroelectric
project involving the Little Wood River Ranch, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 3100 is to reinstate the license for, and
extend the deadline for commencement of construction of, a
hydroelectric project involving the Little Wood River Ranch in
Idaho.
BACKGROUND AND NEED
On March 17, 2006, the Federal Energy Regulatory Commission
(FERC), licensed the Little Wood River Ranch II Project No.
12063. In 2008, the licensee requested and FERC granted the
single, two-year extension of the commencement of construction
deadline permitted by section 13 of the Federal Power Act, (16
U.S.C. 806). The extension required that construction commence
by March 16, 2010, but as of that date, construction had not
commenced. As of April 26, 2010, FERC had not yet taken steps
to terminate the license. Legislation is required to further
extend the deadline for commencement of construction of the
proposed hydroelectric project or to reinstate the terminated
license if it has been terminated prior to enactment and extend
the construction commencement deadline.
LEGISLATIVE HISTORY
Senator Risch introduced S. 3100 on March 10, 2010. The
subcommittee on Water and Power held a hearing on S. 3100 on
April 27, 2010. At its business meeting on May 6, 2010, the
Committee on Energy and Natural Resources ordered S. 3100
favorably reported without amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 6, 2010, by voice vote of a quorum
present, recommends that the Senate pass S. 3100.
SECTION-BY-SECTION ANALYSIS
Section 1 requires FERC, at the request of the licensee for
the project and after reasonable notice and in accordance with
FERC procedures, to extend the time period required to commence
the construction of project works for three years beginning on
the date of enactment, or if the license for FERC Project No.
12063 has been terminated prior to enactment, to reinstate the
license issued for the project and extend the time period
required to commence the construction of project works for
three years beginning on the date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 3100--A bill to reinstate and extend the deadline for commencement
of construction of a hydroelectric project involving the Little
Wood River Ranch
CBO estimates that implementing S. 3100 would have no net
effect on the federal budget. Enacting the bill would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures would not apply. S. 3100 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. 3100 would authorize the Federal Energy Regulatory
Commission (FERC) to extend the deadline for beginning
construction of a hydroelectric project (number 12063) in
Lincoln County, Idaho. The proposed extension could have a
small 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 fees
that the commission charges. Therefore, the legislation's
provisions would have no net budgetary impact.
Because FERC's administrative costs are controlled through
annual appropriation acts, enacting S. 3100 would not affect
direct spending or revenues.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3100.
The bill is not a regulatory measure in the sense of
imposing Government established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 3100, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 3100, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
Federal Energy
Regulatory Commission,
Washington, DC, April 26, 2010.
Re S. 3100
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
Dirksen Senate Office Building, Washington, DC.
Dear Chairman Bingaman: This letter is in response to your
request for my views on S. 3100. That bill would require the
Federal Energy Regulatory Commission to grant a three-year
extension of the commencement of construction deadline for the
proposed 1.5-megawatt Little Wood River Ranch II Hydroelectric
Project No. 12063, to be located on the Little Wood River, near
the town of Shoshone, in Lincoln County, Idaho, and to
reinstate the project license if necessary.
The Commission issued an original license of this project,
to William Arkoosh, on March 17, 2006. The license provided
that the company was required to commence project construction
within two years of the date of the license, the maximum period
permitted by section 13 of the Federal Power Act. The
Commission subsequently granted a two-year extension of the
commencement of construction deadline, again the maximum
authorized by section 13. Construction had not commenced when
that deadline expired, on March 16, 2010. Section 13 provides
that, when construction has not timely commenced, the
Commission must terminate the license. The Commission has not
yet taken any steps to do so.
I and the last several Commission Chairmen have taken the
position of not opposing legislation that would extend the
commencement of construction up to 10 years from the date that
the license in question was issued. Where proposed extensions
would run beyond that time, there has been a sense that the
public interest is better served by releasing the site for
other public uses. Because S. 3100 authorizes the Commission to
grant a three-year extension from the date of the bill's
enactment, thus (assuming enactment during this session of
Congress) extending the commencement of construction deadline
to less than eight years from when the license was issued, I do
not oppose the bill.
If I can be of further assistance to you on this or any
other Commission matter, please let me know.
Sincerely,
Jon Wellinghoff,
Chairman.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 3100, as ordered
reported.