< Back to H.R. 5247 (103rd Congress, 1993–1994)

Text of To provide for extensions and modifications of certain hydro and renewable energy programs.

This bill was introduced on October 7, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 7, 1994 (Introduced).

Source: GPO

HR 5247 IH

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 Representatives of the United States of America in Congress assembled,

SECTION. 1. EXTENSIONS OF DEADLINES FOR HYDRO-POWER PROJECTS.

    (a) IN GENERAL- Notwithstanding the time limitations 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 authorized, 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 section 13 or by Act of Congress) of the period required for commencement of construction of such project.

    (b) TERMINATION- The authorization for issuing extensions 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 requests. The Commission shall, in the case of any project referenced in subsection (a) that has had more than 2 extensions under the Federal Power Act or any other provision of law, shall examine and, at the time of granting extensions under this Act, report to the Congress the reasons 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 May 23, 1993, in accordance with the good faith, due diligence, and public interest requirements of section 13 of the Federal Power Act (16 U.S.C. 806) and the Commission’s procedures under such section, the hydroelectric license previously issued for Project No. 7829. Commencement 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 HYDROELECTRIC PROJECT FROM LICENSING REQUIREMENT 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 necessary 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 notice 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 subsection 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 consideration any application filed with the Commission prior to such enactment. The Commission shall report to the Congress the actions taken under this section and if the Commission fails to grant any such exemption in paragraphs (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 recommendations 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 without affecting the applicability of other Federal environmental 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 possible, 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 Congress. The Commission shall include its views and recommendations and those of any individual member of the Commission.

SEC. 6. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER PURPA.

    Section 3(17)(E) of the Federal Power Act (16 U.S.C. 791a and following) is amended by striking ‘1994’ and inserting ‘1996’.