Congressional Record, Volume 146 Issue 64 (Monday, May 22, 2000)

[Congressional Record Volume 146, Number 64 (Monday, May 22, 2000)]
[House]
[Pages H3488-H3489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

EXTENDING DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF ARROWROCK DAM
HYDROELECTRIC PROJECT IN STATE OF IDAHO

Mr. OXLEY. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1236) to extend the deadline under the Federal Power
Act for commencement of the construction of the Arrowrock Dam
Hydroelectric Project in the State of Idaho, as amended.
The Clerk read as follows:

S. 1236

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

SECTION 1. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT.

(a) In General.--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 project numbered 4656, the Commission may, 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
period during which the licensee is required to commence the
construction of the project for three consecutive two-year
periods.
(b) Effective Date.--Subsection (a) shall take effect on
the date of the expiration of the extension issued by the
Commission prior to the date of enactment of this Act under
section 13 of the Federal Power Act (16 U.S.C. 806).
(c) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
enactment of this Act, the Commission shall reinstate the
license effective as of the date of its expiration and the
first extension authorized under subsection (a) shall take
effect on the date of such expiration.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Oxley) and the gentleman from Virginia (Mr. Boucher) each
will control 20 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Oxley).

General Leave

Mr. OXLEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on this legislation and to insert extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. OXLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1236 extends the construction period for the
Arrowrock Dam Hydroelectric Project in the State of Idaho. Under
section 13 of the Federal Power Act, project construction must begin
within 4 years of issuance of the license. If construction has not
begun by that time, FERC cannot extend the deadline and must terminate
the license. S. 1236 authorizes the FERC to grant the project owner up
to 6 additional years to commence construction in accordance with the
good faith, due diligence, and public interest

[[Page H3489]]

requirements of section 13 of the Federal Power Act.
These types of bills have not been controversial in the past. The
bill does not change the license requirements in any way and does not
change environmental standards but merely extends the construction
deadline. The construction deadline for the project expired in March
1999; and, unless Congress acts, FERC will terminate the license, the
project owner will lose its investment, and the local community will
lose jobs and revenues.
I note this project already received a legislative extension in 1992.
For that reason, the committee expects that FERC will vigorously apply
the good faith, due diligence, and public interest requirements of the
Federal Power Act. If FERC determines that the owner is no longer
pursuing project construction in good faith and with due diligence, the
agency should refuse to issue further extensions in the construction
deadline.
Mr. Speaker, I urge support of S. 1236.
Mr. Speaker, I reserve the balance of my time.
Mr. BOUCHER. Mr. Speaker, I yield myself such time as I may consume.
(Mr. BOUCHER asked and was given permission to revise and extend his
remarks.)
Mr. BOUCHER. Mr. Speaker, I rise in support today of S. 1236 as
reported by the Committee on Commerce. In its original form, this
legislation would have authorized the Federal Energy Regulatory
Commission to extend for 6 more years the deadline for commencing
construction of the Arrowrock Dam Project in the State of Idaho.
In his testimony before the subcommittee on the legislation, the
chairman of the Federal Energy Regulatory Commission stated his
opposition to the bill in the form in which it was then pending before
the committee because it would have extended the construction deadline
on the Arrowrock Project for a total of up to 16 years.
Traditionally, Congress extends these licenses for a total of only 10
years; and in those instances in which FERC does not object, licenses
have been extended for up to that period. I am only aware of one
instance in recent memory in which a license has been extended for as
much as 16 years.
When an entity holds a license but fails to develop a project, it is
potentially preventing others from developing and exploiting that site
for hydropower or for other uses. Sometimes a licensee who is not
developing a site may be purposefully using license extensions for the
very purpose of preventing other potential applicants from developing
the site, and that is a process that is known as site banking.
When those rare instances occur in which we extend the license beyond
the traditional period of 10 years, it is crucial that we ensure that
the Federal Energy Regulatory Commission has the authority and the
direction from Congress to prevent site banking.
The reported legislation of the Committee on Commerce, which was
drafted with the full participation of the minority, ensures that the
FERC has the authority to guard against site banking in this instance.
The report is well drafted, and I want to thank the chairman of the
subcommittee, my colleague and friend, the gentleman from Texas (Mr.
Barton), for ensuring that the committee report on the measure provides
clear direction to FERC to be vigilant in this area. I had requested
that treatment during subcommittee consideration; and, in fact, it was
provided.
The report clearly states that if the Federal Energy Regulatory
Commission determines that the licensee is not pursuing construction in
accordance with the good faith, due diligence, and public interest
requirements that are contained in section 13 of the Federal Power Act,
then the committee expects the agency to refuse to grant a request for
an additional license extension, and in that instance to terminate the
license.
The subcommittee also corrects an oversight by the other body which
failed to provide for the reinstatement of the license in the event
that it lapses. And I would note that in this case the license has in
fact lapsed and that correction is contained in the substitute that we
are considering today.
Mr. Speaker, I support this measure as reported from the committee;
and I am pleased to urge our colleagues to approve it this afternoon.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. OXLEY. 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 Ohio (Mr. Oxley) that the House suspend the rules and
pass the Senate bill, S. 1236, as amended.
The question was taken.
Mr. OXLEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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