[Congressional Record Volume 149, Number 25 (Tuesday, February 11, 2003)]
[House]
[Pages H345-H346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXTENDING CERTAIN HYDRO-ELECTRIC LICENSES IN THE STATE OF ALASKA

  Mr. SHIMKUS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 337) to extend certain hydro-electric licenses in the State 
of Alaska.
  The Clerk read as follows:

                                H.R. 337

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

     SECTION 1. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393.

       (a) Upon the request of the licensee for FERC Project No. 
     11393, the Federal Energy Regulatory Commission shall issue 
     an order staying the license.
       (b) Upon the request of the licensee for FERC Project No. 
     11393, but not later than 6 years after the date that the 
     Federal Energy Regulatory Commission receives written notice 
     that construction of the Swan-Tyee transmission line is 
     completed, the Federal Energy Regulatory Commission shall 
     issue an order lifting the stay and make the effective date 
     of the license the date on which the stay is lifted.
       (c) Upon request of the licensee for FERC Project No. 11393 
     and notwithstanding the time period specified in section 13 
     of the Federal Power Act for the commencement of 
     construction, the Commission shall, after reasonable notice 
     and in accordance with the good faith, due diligence, and 
     public interest requirements of that section, extend the time 
     period during which licensee is required to commence the 
     construction of the project for not more than one 2-year time 
     period.

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


                             General Leave

  Mr. SHIMKUS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 337 and to insert extraneous material on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. SHIMKUS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 337, which was 
introduced by the gentleman from Alaska (Mr. Young). The bill before us 
today directs the Federal Energy Regulatory Commission, known as FERC, 
upon request of a license to issue a stay of a license for a 
hydroelectric project in Alaska pending the construction of an 
associated transmission line. In addition, the bill also directs FERC 
to extend the construction deadline for this project for not more than 
a 2-year time period once the stay is lifted.
  This bill is identical to Senate bill S. 1843 as passed by the House 
during the final days of the 107th Congress and unfortunately was 
prevented from being signed into law due to a clerical error. Today we 
rectify that incident and once again let the will of the House be known 
concerning the license for the construction of a 96-megawatt 
hydroelectric power project at Mahoney Lake near Ketchikan in southeast 
Alaska. Mr. Speaker, I urge all my colleagues to support this piece of 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Federal Power Act authorizes the Federal Energy 
Regulatory Commission to issue licenses for the construction of new 
hydroelectric power projects. Section 13 of the act establishes time 
limits for commencement of construction of a hydroelectric project once 
FERC has issued a license. The licensee must begin construction not 
more that 2 years from the date the license is issued unless FERC 
extends the initial deadline.
  Section 13 permits FERC to grant only one extension of that deadline 
for not longer than 2 additional years when not incompatible with the 
public interest. Accordingly, FERC lacks the authority to extend the 
deadline beyond a maximum of 2 years from the original deadline for 
commencement of construction. Therefore, a license is subject to 
termination if a licensee fails to begin construction within 4 years of 
the date of issuance. There are many reasons why construction of a 
project may not begin within the statutory 4-year period, including 
lack of a power sales contract or, in the case of the bill before us, 
the absence of a completed transmission line to carry power from the 
project to areas where it is needed.
  The purpose of the bill before us, H.R. 337, is to direct FERC upon 
the request of the licensee to issue an order staying a license of a 
hydroelectric project in the State of Alaska, pending the construction 
of an associated transmission line. Once the line is completed, the 
bill directs FERC to lift the stay and extend the deadline to commence 
construction for one additional 2-year period. The legislation also 
directs FERC to extend the deadline to commence construction of the 
project for one additional 2-year period.
  On January 22, 1998, FERC issued a license to the City of Saxman, 
Alaska, to construct and operate and maintain the 96-megawatt Mahoney 
Lake Hydroelectric Project. The project is located on Upper Mahoney 
Lake and Upper Mahoney Creek near Ketchikan in

[[Page H346]]

southeast Alaska. The project is not projected to be economically 
viable until the completion of the associated Swan-Tyee transmission 
line. The Cape Fox Corporation, which oversees the construction and the 
operation and the maintenance of the project, stands to lose a 
substantial investment in the project if the license expires prior to 
completion of the transmission line.
  Last year, S. 1843, a similar bill, was amended and passed the House 
by unanimous consent. While that bill was amended by the House, the 
official papers that were delivered to the Senate did not contain the 
amendment that passed the House. As a result, the version subsequently 
passed by the Senate did not contain the House amendment, and the 
Speaker properly did not sign the bill to clear it for the White House 
since the official papers did not accurately reflect the vote or the 
will of the House. This was the right thing for the Speaker to do. It 
is important that the author and supporters of this bill not be 
penalized unnecessarily for the clerical error that occurred in the 
House. I am pleased we are able to move this bill quickly to fulfill 
our commitment to the gentleman from Alaska (Mr. Young) and to his 
constituents. I urge my colleagues to support the legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SHIMKUS. 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 Illinois (Mr. Shimkus) that the House suspend the rules 
and pass the bill, H.R. 337.
  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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