[Congressional Record Volume 140, Number 143 (Wednesday, October 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      FEDERAL POWER ACT AMENDMENTS

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 571, S. 2384, 
the Federal Power Amendments Act of 1994.
  The PRESIDING OFFICER. The bill will be stated by title.
  The legislative clerk read as follows:

       A bill (S. 2384) to extend the deadlines applicable to 
     certain hydroelectric projects under the Federal Power Act, 
     and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           amendment no. 2617

                           amendment no. 2618

 (Purpose: To provide for the extension of certain projects located in 
                      the State of West Virginia)


                           amendment no. 2619

                           amendment no. 2620

 (Purpose: To extend the deadline for the commencement of construction 
           of an Allegheny River hydroelectric power project)

  Mr. FORD. Mr. President, I ask unanimous consent that be in order to 
send to the desk, en bloc, four amendments; that the Senate proceed to 
their immediate consideration; that the amendments be agreed to and the 
motion to reconsider be laid upon the table, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendments (Nos. 2617, 2618, 2619, and 2620) were agreed to, 
en bloc, as follows:


                           amendment no. 2617

                  (Amendment proposed by Mr. Johnston)

       On page 3, line 6, strike ``the Governor of the State 
     notifies''.
       On page 3, line 7, following ``Energy'' insert 
     ``determines, after notice and an opportunity for public 
     comment,''.
       On page 3, line 10, strike ``appropriate''.
       On page 3, line 14, strike ``adequate''.
       On page 3, line 20, following ``applicable.'' insert ``Upon 
     notice from the Governor of the State, the Secretary of 
     Energy shall immediately initiate the process to make this 
     determination, and shall complete said process and make a 
     determination within 180 days of such notice.''.
       On page 5, line 21, strike ``(a) General Licensing 
     Authority.--''.
       On page 5, line 24, following the word ``Hawaii'' insert a 
     comma and the phrase ``unless a license would be required by 
     section 23 of the Act''.
       On page 6, line 1, strike section 301(b) in its entirety.
       On page 8, line 14, insert the following title:

              TITLE VI--PROJECTS IN THE STATE OF KENTUCKY

     SEC. 601. EXTENSION OF DEADLINE.

       That notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for FERC project 
     numbered 10228 (and after reasonable notice), is authorized, 
     in accordance with the good faith, due diligence and public 
     interests requirements of such section 13 and the 
     Commission's procedures under such section, to extend the 
     time required for commencement of construction of the project 
     for up to a maximum of three consecutive two-year periods. 
     This section shall take effect for the project upon the 
     expiration of the extension (issued by the Commission under 
     such section 13) of the period required for commencement of 
     construction of such project.


                           amendment no. 2618

                    (Amendment proposed by Mr. Byrd)

       On page 10, below line 2, add the following:

            TITLE X--PROJECTS IN THE STATE OF WEST VIRGINIA

     SEC. 1001. EXTENSION OF DEADLINE.

       Notwithstanding the time period specified in section 13 of 
     the Federal Power Act (16 U.S.C. 806) that would otherwise 
     apply to the Federal Energy Regulatory Commission projects 
     numbered 6901 and 6902, the Commission shall, upon the 
     request of the licensee for such projects, in accordance with 
     the good faith, due diligence and public interest 
     requirements of such section 13 and the Commission's 
     procedures under such section and the procedures specified in 
     such section, extend the time period during which such 
     licensee is required to commence of construction of such 
     projects to terminate on October 3, 1999. This section shall 
     take effect for the projects upon the expiration of the 
     extension (issued by the Commission under such section 13) of 
     the period required for commencement of construction of such 
     projects. If the license issued for project numbered 6902 
     should expire prior to the date of enactment of this Act, the 
     Commission is authorized and directed to reinstate effective 
     October 15, 1994, the license previously issued for such 
     project and to extend the time required for the commencement 
     of construction of such project until October 3, 1999.

  Mr. BYRD. Mr. President, I offer, on behalf of myself and Senator 
Rockefeller, an amendment to S. 2384, the Federal Power Act Amendments 
of 1994, which grants the city of New Martinsville, WV, a 4-year 
extension to its Federal Energy Regulatory Commission [FERC] licenses 
to begin construction of two hydroelectric power projects at New 
Cumberland and Willow Island on the Ohio River. These projects are to 
be financed by the city of New Martinsville through the sale of 
municipal bonds. This extension is necessary, because the current 
licenses expire during the current year, and the city has already 
invested over $4 million in these projects. The hydroelectric projects 
take advantage of existing Army Corps navigation dams on the Ohio River 
in order to generate power, and also will include the development of 
recreational facilities. Without any contribution from the Federal 
Government, the city of New Martinsville will finance projects that 
will include fishing piers, underwater reefs, walkways, picnic 
facilities, and parking areas.
  The city anticipates that the two projects would employ 500 staff 
during the peak of construction, with a $1.5 million monthly payroll. 
The total construction payroll for both projects is expected to be $25 
million. The New Martinsville hydropower projects will also pay 
substantial taxes and other payments to various governmental entities 
during construction and operation. The Federal Government will benefit 
from these projects, since it will receive annual payments of $800,000 
from the hydroelectric projects, even though the projects will be 
financed by the city of New Martinsville. The license extensions made 
possible by this amendment will bring significant economic development 
to the northern Panhandle region of West Virginia.
  Mr. President, I thank the managers for supporting this amendment, 
and urge its adoption by the Senate.


                           amendment no. 2619

                   (Amendment proposed by Mr. Simon)

       At the appropriate place sustitute the following new 
     section for the section already included in the Omnibus FERC 
     bill regarding FERC Project License Numbers 3943 and 3944.
       Sec.   . The Federal Energy Regulatory Commission is 
     authorized and directed to reinstate effective August 16, 
     1994 the hydroelectric license previously issued for Project 
     Number 3943. Within the meaning of Section 13 of the Federal 
     Power Act time required for the commencment of construction 
     of such project shall be reinstated for not more than 3 
     consecutive 2-year periods.
       Sec.   . The Federal Energy Regulatory Commission is 
     authorized and directed to reinstate effective August 15, 
     1994 the hydroelectric license previously issued for Project 
     Number 3944. Within the meaning of Section 13 of the Federal 
     Power Act time required for the commencment of construction 
     of such project shall be extended for not more than 3 
     consecutive 2-year periods.

  Mr. SPECTER. Mr. President, this amendment which I am offering would 
extend the deadline for construction of a hydroelectric power project 
on the Allegheny River. This extension is necessary because the 
Allegheny North Council of Governments and the Borough of Cheswick 
received a license from the Federal Energy Regulatory Commission and 
must commence construction prior to April 15, 1995 or face the loss of 
their license under the Federal Power Act.
  The licensees have been negotiating on power sales agreements, but 
have not yet been able to finalize these arrangements. This amendment 
would provide additional time for the municipal licensees to conclude 
their negotiations with potential power purchasers.
  The Allegheny Project is one of several projects licensed for 
development along the Upper Ohio River Basin. Construction of this 
licensed power plant would permit Pennsylvania to use previously 
untapped hydroelectric energy, creating substantial environmental 
benefits and jobs for local residents.
  I urge my colleagues to support the amendment.


                           amendment no. 2620

                  (Amendment Proposed by Mr. Specter)

       At the appropriate place in the bill, insert the following:

             TITLE X--PROJECTS IN THE STATE OF PENNSYLVANIA

     SEC. 1001. EXTENSION OF DEADLINE.

       Notwithstanding the time limitations of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon the request of the licensee for project number 4474, is 
     authorized, in accordance with the good faith, due diligence, 
     and public interest requirements of section 13 and the 
     Commission's procedures under such section, to extend until 
     April 15, 2001, the time required for the licensee to 
     commence construction of such project.

  The PRESIDING OFFICER. If there are no further amendments to be 
proposed, the bill will be deemed read for the third time and passed.
  So the bill (S. 2384), as amended, was deemed read a third time and 
passed, as follows:

                                S. 2384

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Power Act Amendments 
     of 1994''.

                TITLE I--PROJECTS IN THE STATE OF ALASKA

     SEC. 101. STATE LICENSING JURISDICTION OVER SMALL PROJECTS.

       The Federal Power Act, as amended, (16 U.S.C. 791a et seq.) 
     is further amended by adding the following at the end of 
     section 23:
       ``(c) In the case of any project works in the State of 
     Alaska--
       ``(1) that are not part of a project licensed under this 
     Act prior to the date of enactment of this subsection;
       ``(2) for which a license application has not been accepted 
     for filing by the Commission prior to the date of enactment 
     of this subsection (unless such application is withdrawn at 
     the election of the applicant);
       ``(3) having a power production capacity of 5,000 kilowatts 
     or less;
       ``(4) located entirely within the boundaries of a single 
     State; and
       ``(5) not located in whole or in part on any Indian 
     reservation, unit of the National Park System, component of 
     the Wild and Scenic Rivers System or segment of a river 
     designated for study for potential addition to such system, 
     the State in which such project works are located shall have 
     the exclusive authority to authorize such project works under 
     State law, in lieu of licensing by the Commission under the 
     otherwise applicable provisions of this part, effective upon 
     the date on which the Secretary of Energy determines, after 
     notice and an opportunity for public comment, that the State 
     has assessed its river resources in a comprehensive way and 
     has in place a process for regulating such projects which 
     gives consideration to the improvement or development of the 
     State's waterways for the use or benefit of intrastate, 
     interstate, or foreign commerce, for the improvement and use 
     of waterpower development, for the protection, mitigation of 
     damage to, and enhancement of fish and wildlife (including 
     related spawning grounds), and for other beneficial public 
     uses, including irrigation, flood control, water supply, 
     recreational and other purposes, and Indian rights, if 
     applicable. Upon notice from the Governor of the State, the 
     Secretary of Energy shall immediately initiate the process to 
     make this determination, and shall complete said process and 
     make a determination within 180 days of such notice.
       ``(d) In the case of a project that would be subject to 
     authorization by a State under subsection (c) but for the 
     fact that the project has been licensed by the Commission 
     prior to the enactment of subsection (c), the licensee of 
     such project may in its discretion elect to make the project 
     subject to the authorizing authority of the State.
       ``(e) With respect to projects located in whole or in part 
     on Federal lands, State authorizations for project works 
     pursuant to subsection (c) of this section shall be subject 
     to the approval of the Secretary having jurisdiction with 
     respect to such lands and subject to such terms and 
     conditions as the Secretary may prescribe.
       ``(f) Nothing in subsection (c) shall preempt the 
     application of Federal environment, natural, or cultural 
     resources protection laws according to their terms.''.

     SEC. 102. REMOVAL OF FEDERAL ENERGY REGULATORY COMMISSION 
                   JURISDICTION.

       The following projects located entirely within the State of 
     Alaska are removed from the jurisdiction of the Federal 
     Energy Regulatory Commission and all applicable laws and 
     regulations relating to such jurisdiction--
       (1) a project located at Sitka, Alaska, identified in FERC 
     Docket No. UL89-08; and
       (2) a project located near Nondalton, Alaska, identified in 
     FERC Docket No. EL88-25.

              TITLE II--PROJECTS IN THE STATE OF ARKANSAS

     SEC. 201. EXTENSION OF DEADLINE.

       That notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for FERC 
     projects numbered 4204, 4660 and 4659 (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 of the projects for a maximum of two years. This 
     section shall take effect for the project upon the expiration 
     of the extension (issued by the Commission under such section 
     13) of the period required for commencement of construction 
     of such project.

               TITLE III--PROJECTS IN THE STATE OF HAWAII

     SEC. 301. EXEMPTION FOR PROJECTS ON FRESH WATERS IN THE STATE 
                   OF HAWAII.

       Section 4(e) of the Federal Power Act is amended by 
     striking ``several States, or upon'' and inserting ``several 
     States (except fresh waters in the State of Hawaii, unless a 
     license would be required by section 23 of the Act), or 
     upon''.

                TITLE IV--PROJECTS IN THE STATE OF IDAHO

     SEC. 401. EXTENSION OF DEADLINE.

       Notwithstanding the time limitation of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon the request of the licensee for FERC project numbered 
     4797, 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 until March 28, 2000 the time required for the 
     licensee to commence the construction of such project.

               TITLE V--PROJECTS IN THE STATE OF ILLINOIS

     SEC. 501. PROJECT NUMBER 3943.

       The Federal Energy Regulatory Commission is authorized and 
     directed to reinstate effective August 16, 1994 the 
     hydroelectric license previously issued for Project Number 
     3943. Within the meaning of section 13 of the Federal Power 
     Act time required for the commencement of construction of 
     such project shall be reinstated for not more than 3 
     consecutive 2-year periods.

     SEC. 502. PROJECT NUMBER 3944.

       The Federal Energy Regulatory Commission is authorized and 
     directed to reinstate effective August 15, 1994 the 
     hydroelectric license previously issued for Project Number 
     3944. Within the meaning of section 13 of the Federal Power 
     Act time required for the commencement of construction of 
     such project shall be extended for not more than 3 
     consecutive 2-year periods.

              TITLE VI--PROJECTS IN THE STATE OF KENTUCKY

     SEC. 601. EXTENSION OF DEADLINE.

       That notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for FERC project 
     numbered 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 of the project for up to a 
     maximum of three consecutive two-year periods. This section 
     shall take effect for the project upon the expiration of the 
     extension (issued by the Commission under such section 13) of 
     the period required for commencement of construction of such 
     project.

             TITLE VII--PROJECTS IN THE STATE OF NEW MEXICO

     SEC. 701. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC 
                   PROJECT FROM LICENSING REQUIREMENT OF PART I OF 
                   THE FEDERAL POWER ACT.

       (a) Part I of the Federal Power Act shall not be applicable 
     to the portion of the El Vado Hydroelectric Project, New 
     Mexico (FERC project numbered 5226) that is described in 
     subsection (b).
       (b) The portion of the El Vado Hydroelectric Project 
     referred to in subsection (a) consists of the 69 KV 
     transmission line, including the right of way, which 
     originates in the switchyard of such project and extends 
     north to the Spills Switching Station operated by the 
     Northern Rio Arriba Electric Cooperative, Inc., located in 
     Rio Arriba County, New Mexico.

              TITLE VIII--PROJECTS IN THE STATE OF OREGON

     SEC. 801. EXTENSION OF DEADLINE.

       The Federal Energy Regulatory Commission is authorized and 
     directed to reinstate effective May 23, 1993 the 
     hydroelectric license previously issued for project numbered 
     7829. Commencement of construction within the meaning of 
     section 13 of the Federal Power Act shall commence within 
     four years of the date of enactment of this section.

             TITLE IX--PROJECTS IN THE STATE OF WASHINGTON

     SEC. 901. EXTENSION OF DEADLINE.

       Notwithstanding the time limitation of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon the request of the licensee for FERC project numbered 
     3701, 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 until May 31, 2000, the time required for the licensee 
     to commence the construction of such project.

            TITLE X--PROJECTS IN THE STATE OF WEST VIRGINIA

     SEC. 1001. EXTENSION OF DEADLINE.

       Notwithstanding the time period specified in section 13 of 
     the Federal Power Act (16 U.S.C. 806) that would otherwise 
     apply to the Federal Energy Regulatory Commission projects 
     numbered 6901 and 6902, the Commission shall, upon the 
     request of the licensee for such projects, in accordance with 
     the good faith, due diligence and public interest 
     requirements of such section 13 and the Commission's 
     procedures under such section and the procedures specified in 
     such section, extend the time period during which such 
     licensee is required to commence of construction of such 
     projects to terminate on October 3, 1999. This section shall 
     take effect for the projects upon the expiration of the 
     extension (issued by the Commission under such section 13) of 
     the period required for commencement of construction of such 
     projects. If the license issued for project numbered 6902 
     should expire prior to the date of enactment of this Act, the 
     Commission is authorized and directed to reinstate effective 
     October 15, 1994, the license previously issued for such 
     project and to extend the time required for the commencement 
     of construction of such project until October 3, 1999.

            TITLE XI--PROJECTS IN THE STATE OF PENNSYLVANIA

     SEC. 1101. EXTENSION OF DEADLINE.

       Notwithstanding the time limitations of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon the request of the licensee for project number 4474, is 
     authorized, in accordance with the good faith, due diligence, 
     and public interest requirements of section 13 and the 
     Commission's procedures under such section, to extend until 
     April 15, 2001, the time required for the licensee to 
     commence construction of such project.
  Mr. FORD. Mr. President, I move to reconsider the vote.
  Mr. CRAIG. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. FORD. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. FORD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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