[Congressional Record Volume 149, Number 25 (Tuesday, February 11, 2003)]
[House]
[Page H346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REINSTATING AND EXTENDING DEADLINE FOR CONSTRUCTION OF HYDROELECTRIC
PROJECT IN ILLINOIS
Mr. SHIMKUS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 397) to reinstate and extend the deadline for commencement
of construction of a hydroelectric project in the State of Illinois.
The Clerk read as follows:
H.R. 397
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.
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 11214, 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--
(1) reinstate the license for the construction of the
project as of the effective date of the surrender of the
license; and
(2) extend the time period during which the licensee is
required to commence the construction of the project for 3
consecutive 2-year periods beyond the date that is 4 years
after the date of issuance of the license.
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 this legislation 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. 397, a bill that I
introduced. H.R. 397, which passed the Committee on Energy and Commerce
by voice vote, will help the city of Carlyle, Illinois, construct a
hydroelectric power plant on Carlyle Lake in my district. This plant
will enable communities in southwestern Illinois to use water flowing
through the Carlyle Lake Dam to help meet their energy needs.
In 1967 the Army Corps of Engineers formed Carlyle Lake by building a
dam on the Kaskaskia River. Since the lake was formed, surrounding
communities have not had a hydroelectric power plant to make use of the
lake's tremendous potential as a renewable energy source. The Federal
Energy Regulatory Commission, known as FERC, granted Southwestern
Electric Cooperative a license to begin construction of a power plant
in 1997. But the cooperative surrendered the license after it was
unable to begin the project in the required time period. This
legislation would permit the FERC to reinstate Southwestern Electric
Cooperative's license and extend the deadline to begin construction so
that there is time to properly design a facility.
This generating facility will utilize the already-existing dam,
helping to reduce the cost and minimize any environmental concerns. The
city of Carlyle estimates that the hydroelectric power plant would
provide more than one third its annual energy needs.
Mr. Speaker, I encourage all my colleagues to join me in supporting
this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BROWN of Ohio. Mr. Speaker, I yield myself 2 minutes.
I rise in support of H.R. 397, introduced by the gentleman from
Illinois (Mr. Shimkus) on the Committee of Energy and Commerce. H.R.
397 extends the deadline for commencement of construction for up to 6
years. Not counting the years in which the license was surrendered,
this potentially amounts to 9 years for the licensee to commence
construction. The legislation provides for up to three consecutive 2-
year extensions instead of a single 6-year extension to ensure that the
licensee must continue to meet Federal Power Act section 13
requirements to prosecute construction in good faith and with due
diligence before obtaining each 2-year extension.
This requirement to move forward in good faith and due diligence is
important because when someone holds a license, but fails to develop a
project, that someone is potentially preventing others from developing
the site for hydropower or other uses. Sometimes a licensee who is not
developing a site may in fact be purposely using license extensions to
prevent other potential applicants from developing it, a process known
as ``site banking.'' While FERC is not aware of any other party that is
interested in this particular case in developing this site, if FERC
determines a licensee is not prosecuting construction in good faith and
with due diligence, the agency can in fact refuse to grant a request
for an additional 2-year extension, can terminate the license, and make
the site available for other uses. This is appropriate public policy.
The author deserves credit for crafting the legislation in this
manner. I urge my colleagues to pass the bill.
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. 397.
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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