[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9563 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9563

To direct the Administrator of the Western Area Power Administration to 
     provide its firm electric service customers with credits from 
      shortfalls in generation from certain Bureau of Reclamation 
           hydroelectric facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2022

 Mr. Stewart introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To direct the Administrator of the Western Area Power Administration to 
     provide its firm electric service customers with credits from 
      shortfalls in generation from certain Bureau of Reclamation 
           hydroelectric facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. HYDROPOWER DROUGHT MITIGATION.

    (a) Notification of Power Available.--Not later than 30 days after 
the date of the enactment of this section, the Administrator shall 
notify existing firm electric service customers of certain Bureau of 
Reclamation Projects of the amount of energy expected to be available 
for delivery during the 12-month period after such notification, based 
on the Bureau of Reclamation's most recent 24-month study that is 
issued each month, from the following:
            (1) Salt Lake City Area Integrated Projects.
            (2) The Boulder Canyon Project.
            (3) The Parker-Davis Project.
    (b) Pro Rata Reduction.--
            (1) Salt lake city area integrated projects.--If the annual 
        amount of energy from the Salt Lake City Area Integrated 
        Projects is expected to be less than 4,900,000 MWh, the 
        Administrator shall apply a pro rata credit from the general 
        fund of the Treasury for each firm electric service customer of 
        the Salt Lake City Area Integrated Projects on each monthly 
        invoice for firm electric service until such time as the energy 
        production returns to levels equal to or greater than 4,900,000 
        MWh.
            (2) Boulder canyon project.--If the annual amount of energy 
        from the Boulder Canyon Project is expected to be less than 
        3,600,000 MWh, the Administrator shall apply a pro rata credit 
        from the general fund of the Treasury for each firm electric 
        service customer of the Boulder Canyon Project on each monthly 
        invoice for firm electric service until such time as the energy 
        production returns to levels equal to or greater than 3,600,000 
        MWh.
            (3) Parker-davis project.--If the annual amount of energy 
        from the Parker-Davis Project is expected to be less than 
        1,400,000 MWh, the Administrator shall apply a pro rata credit 
        from the general fund of the Treasury for each firm electric 
        service customer of the Parker-Davis Project on each monthly 
        invoice for firm electric service until such time as the energy 
        production returns to levels equal to or greater than 1,400,000 
        MWh.
    (c) Credit Composition.--
            (1) In general.--For purposes of calculating a pro rata 
        credit required under subsection (b), the Administrator shall--
                    (A) determine costs for each Project set forth in 
                invoices for firm electric service;
                    (B) calculate a credit based on levels set forth 
                under subsection (b) as compared to the available 
                energy anticipated in the notice set forth under 
                subsection (a); and
                    (C) apply such credit to each firm electric service 
                customer's monthly firm electric service invoice total 
                to reflect decreased hydropower output.
            (2) Other obligations.--Nothing in this subsection shall 
        preempt obligations of the Administrator to set rates to 
        recover such costs unrelated to hydropower production as may be 
        required by law.
    (d) Costs Nonreimbursable.--Any costs incurred by the United States 
in carrying out the requirements of this section shall be 
nonreimbursable and nonreturnable to the United States.
    (e) No Retroactive Rates.--Notwithstanding any other provision of 
law, the Administrator shall not recover credits provided pursuant to 
this section in future rates.
    (f) Effect.--Nothing in this section shall--
            (1) alter or affect any water rights held by--
                    (A) the United States;
                    (B) any Indian Tribe, band, or community;
                    (C) any State or political subdivision of a State; 
                or
                    (D) any person;
            (2) be construed or interpreted as authorizing the 
        Secretary of the Interior to change or otherwise modify 
        existing operations at Bureau of Reclamation facilities in the 
        Colorado River basin; or
            (3) be construed or interpreted to authorize a change in 
        the existing terms of the Second Memorandum of Agreement 
        Concerning the Upper Colorado River Basin Fund.
    (g) Administrator Defined.--In this section, the term 
``Administrator'' means the Administrator of the Western Area Power 
Administration.
    (h) Termination.--All authorities provided under this section shall 
terminate on December 31, 2026.
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