[Congressional Record Volume 144, Number 59 (Tuesday, May 12, 1998)]
[House]
[Pages H3034-H3035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EXTENDING DEADLINE OF FERC PROJECT NUMBER 9248 IN COLORADO

  Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 2217) to extend the deadline under the 
Federal Power Act applicable to the construction of FERC Project Number 
9248 in the State of Colorado, and for other purposes.
  The Clerk read as follows:

                               H.R. 2217

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

     SECTION 1. EXTENSION OF DEADLINE AND REINSTATEMENT OF 
                   LICENSE.

       (a) 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 Federal Energy Regulatory 
     Commission project numbered 9248, the Commission shall, at 
     the request of the licensee for the project, and after 
     reasonable notice, in accordance with the good faith, due 
     diligence, and public interest requirements of that section 
     and the Commission's procedures under that section, extend 
     the time required for commencement of construction of the 
     project until January 30, 2002.
       (b) Reinstatement of Expired License.--The Commission shall 
     reinstate, effective as of the date of its expiration, the 
     license of the Town of Telluride, Colorado, for the project 
     referred to in subsection (a) that expired prior to the date 
     of enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Dan Schaefer) and the gentleman from Texas (Mr. Hall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Dan Schaefer).


                             General Leave

  Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks and to include extraneous material on the bill 
presently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, under section 13 of the Federal Power Act, project 
construction must begin within 4 years of issuance of a license. If 
construction has not begun by that time, the Federal Energy Regulatory 
Commission cannot extend the deadline and must terminate the license.
  H.R. 2217 provides simply for the extension of this construction 
deadline of the San Miguel project, a 4.6 megawatt hydroelectric 
project in the State of Colorado, if the sponsor pursues the 
commencement of construction in good faith and with due diligence.
  These types of bills have not been controversial in the past, and I 
do not believe, from the other side of the aisle, that this will be. 
The bill does not change the license requirements in any way and it 
does not change environmental standards, but merely extends the 
construction deadlines.
  There is a need to act since the construction deadline for the 
project expired in January of 1996 and FERC has terminated the license. 
Unless Congress acts, the town of Telluride will lose its investment in 
this project, and we do not want that to happen.
  H.R. 2217 would reinstate the license and extend the construction 
deadline by 6 years. According to the town of Telluride, the sponsor of 
the project, construction has not commenced because of delays in 
obtaining a special

[[Page H3035]]

use permit from the U.S. Forest Service, and a dredge and fill permit 
from the U.S. Army Corps of Engineers. Because of that, Telluride lacks 
the power of sales for the contract. I feel very strongly that this is 
something that we have to proceed with.
  As I stated during the consideration of similar legislation that we 
have dealt with over a period of time, the lack of a power sales 
contract is the main reason for the construction of hydroelectric 
projects, and the fact that they have not been able to commence in a 
timely manner.
  It is very difficult for a hydroelectric project sponsor to secure 
financing until such time as they are granted a license and the 
construction deadline begins to run. Mr. Speaker, I, with cooperation 
from my good friend, the gentleman from Texas (Mr. Hall), we have 
worked on these things back and forth all the time.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. HALL of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. HALL of Texas. Mr. Speaker, I first thank the gentleman from 
Colorado (Mr. Schaefer), and certainly I thank the House. I suggest 
that H.R. 2217 would simply extend the deadline for the commencement of 
construction for a 4.6 megawatt hydroelectric project in San Miguel 
County, Colorado, until January 30 of the year 2002. This would extend 
the deadline to 10 years after the date the license was issued.
  According to the bill's sponsor, the gentleman from Colorado (Mr. 
McInnis), construction had not commenced because of delays in obtaining 
a special use permit from the U.S. Forest Service, and an U.S. Army 
Corps of Engineers dredge and fill permit, and because it lacks a power 
purchase agreement.
  This legislation simply provides that the licensee must meet the 
Federal Power Act Section 13 requirement that it prosecute construction 
``in good faith and with due diligence.''
  The Federal Energy Regulatory Commission has indicated in a letter to 
the Subcommittee on Energy and Power that it has no objection to the 
enactment of this legislation. Under statute, FERC can only grant a 2-
year extension of the construction license.
  This legislation is not controversial. I urge my colleagues to 
support it.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado (Mr. Dan Schaefer) that the House suspend the 
rules and pass the bill, H.R. 2217.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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