[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5247 Introduced in House (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''.

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