[Congressional Record Volume 156, Number 85 (Tuesday, June 8, 2010)]
[House]
[Pages H4219-H4222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOOVER POWER ALLOCATION ACT OF 2010
Mrs. NAPOLITANO. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 4349) to further allocate and expand the availability of
hydroelectric power generated at Hoover Dam, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4349
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 ``Hoover Power Allocation Act
of 2010''.
SEC. 2. ALLOCATION OF CONTRACTS FOR POWER.
(a) Schedule A Power.--Section 105(a)(1)(A) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(A)) is
amended--
(1) by striking ``renewal'';
(2) by striking ``June 1, 1987'' and inserting ``October 1,
2017''; and
(3) by striking Schedule A and inserting the following:
``Schedule A
Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
project contractors
----------------------------------------------------------------------------------------------------------------
Contingent Firm energy (thousands of kWh)
Contractor capacity ------------------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
Metropolitan Water District of Southern California...... 249,948 859,163 368,212 1,227,375
City of Los Angeles..................................... 495,732 464,108 199,175 663,283
Southern California Edison Company...................... 280,245 166,712 71,448 238,160
City of Glendale........................................ 18,178 45,028 19,297 64,325
City of Pasadena........................................ 11,108 38,622 16,553 55,175
City of Burbank......................................... 5,176 14,070 6,030 20,100
Arizona Power Authority................................. 190,869 429,582 184,107 613,689
Colorado River Commission of Nevada..................... 190,869 429,582 184,107 613,689
United States, for Boulder City......................... 20,198 53,200 22,800 76,000
-------------------------------------------------------
Totals.................................................. 1,462,323 2,500,067 1,071,729 3,571,796''.
----------------------------------------------------------------------------------------------------------------
(b) Schedule B Power.--Section 105(a)(1)(B) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(B)) is amended
to read as follows:
``(B) To each existing contractor for power generated at
Hoover Dam, a contract, for delivery commencing October 1,
2017, of the amount of contingent capacity and firm energy
specified for that contractor in the following table:
``Schedule B
Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
project contractors
----------------------------------------------------------------------------------------------------------------
Contingent Firm energy (thousands of kWh)
Contractor capacity -----------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
City of Glendale.............................................. 2,020 2,749 1,194 3,943
City of Pasadena............................................... 9,089 2,399 1,041 3,440
City of Burbank................................................ 15,149 3,604 1,566 5,170
City of Anaheim................................................ 40,396 34,442 14,958 49,400
City of Azusa.................................................. 4,039 3,312 1,438 4,750
City of Banning................................................ 2,020 1,324 576 1,900
City of Colton................................................. 3,030 2,650 1,150 3,800
City of Riverside.............................................. 30,296 25,831 11,219 37,050
City of Vernon................................................. 22,218 18,546 8,054 26,600
Arizona........................................................ 189,860 140,600 60,800 201,400
Nevada......................................................... 189,860 273,600 117,800 391,400
------------------------------------------------
Totals......................................................... 507,977 509,057 219,796 728,853''.
----------------------------------------------------------------------------------------------------------------
[[Page H4220]]
(c) Schedule C Power.--Section 105(a)(1)(C) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) is
amended--
(1) by striking ``June 1, 1987'' and inserting ``October 1,
2017''; and
(2) by striking Schedule C and inserting the following:
``Schedule C
Excess Energy
----------------------------------------------------------------------------------------------------------------
Priority of entitlement to excess energy State
----------------------------------------------------------------------------------------------------------------
First: Meeting Arizona's first priority right to delivery Arizona
of excess energy which is equal in each year of operation
to 200 million kilowatthours: Provided, That in the event
excess energy in the amount of 200 million kilowatthours
is not generated during any year of operation, Arizona
shall accumulate a first right to delivery of excess
energy subsequently generated in an amount not to exceed
600 million kilowatthours, inclusive of the current year's
200 million kilowatthours. Said first right of delivery
shall accrue at a rate of 200 million kilowatthours per
year for each year excess energy in an amount of 200
million kilowatthours is not generated, less amounts of
excess energy delivered...................................
Second: Meeting Hoover Dam contractual obligations under Arizona, Nevada, and California
Schedule A of subsection (a)(1)(A), under Schedule B of
subsection (a)(1)(B), and under Schedule D of subsection
(a)(2), not exceeding 26 million kilowatthours in each
year of operation.........................................
Third: Meeting the energy requirements of the three States, Arizona, Nevada, and California''.
such available excess energy to be divided equally among
the States................................................
----------------------------------------------------------------------------------------------------------------
(d) Schedule D Power.--Section 105(a) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(a)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2)(A) The Secretary of Energy is authorized to and shall
create from the apportioned allocation of contingent capacity
and firm energy adjusted from the amounts authorized in this
Act in 1984 to the amounts shown in Schedule A and Schedule
B, as modified by the Hoover Power Allocation Act of 2010, a
resource pool equal to 5 percent of the full rated capacity
of 2,074,000 kilowatts, and associated firm energy, as shown
in Schedule D (referred to in this section as `Schedule D
contingent capacity and firm energy'):
``Schedule D
Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees
----------------------------------------------------------------------------------------------------------------
Contingent Firm energy (thousands of kWh)
State capacity -----------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
New Entities Allocated by the Secretary of Energy.............. 69,170 105,637 45,376 151,013
New Entities Allocated by State
Arizona........................................................ 11,510 17,580 7,533 25,113
California.................................................... 11,510 17,580 7,533 25,113
Nevada......................................................... 11,510 17,580 7,533 25,113
------------------------------------------------
Totals......................................................... 103,700 158,377 67,975 226,352
----------------------------------------------------------------------------------------------------------------
``(B) The Secretary of Energy shall offer Schedule D
contingency capacity and firm energy to entities not
receiving contingent capacity and firm energy under
subparagraphs (A) and (B) of paragraph (1) (referred to in
this section as `new allottees') for delivery commencing
October 1, 2017 pursuant to this subsection. In this
subsection, the term `the marketing area for the Boulder City
Area Projects' shall have the same meaning as in appendix A
of the General Consolidated Power Marketing Criteria or
Regulations for Boulder City Area Projects published in the
Federal Register on December 28, 1984 (49 Federal Register
50582 et seq.) (referred to in this section as the
`Criteria').
``(C)(i) Within 36 months of the date of enactment of the
Hoover Power Allocation Act of 2010, the Secretary of Energy
shall allocate through the Western Area Power Administration
(referred to in this section as `Western'), for delivery
commencing October 1, 2017, for use in the marketing area for
the Boulder City Area Projects 66.7 percent of the Schedule D
contingent capacity and firm energy to new allottees that are
located within the marketing area for the Boulder City Area
Projects and that are--
``(I) eligible to enter into contracts under section 5 of
the Boulder Canyon Project Act (43 U.S.C. 617d); or
``(II) federally recognized Indian tribes.
``(ii) In the case of Arizona and Nevada, Schedule D
contingent capacity and firm energy for new allottees other
than federally recognized Indian tribes shall be offered
through the Arizona Power Authority and the Colorado River
Commission of Nevada, respectively. Schedule D contingent
capacity and firm energy allocated to federally recognized
Indian tribes shall be contracted for directly with Western.
``(D) Within 1 year of the date of enactment of the Hoover
Power Allocation Act of 2010, the Secretary of Energy also
shall allocate, for delivery commencing October 1, 2017, for
use in the marketing area for the Boulder City Area Projects
11.1 percent of the Schedule D contingent capacity and firm
energy to each of--
``(i) the Arizona Power Authority for allocation to new
allottees in the State of Arizona;
``(ii) the Colorado River Commission of Nevada for
allocation to new allottees in the State of Nevada; and
``(iii) Western for allocation to new allottees within the
State of California, provided that Western shall have 36
months to complete such allocation.
``(E) Each contract offered pursuant to this subsection
shall include a provision requiring the new allottee to pay a
proportionate share of its State's respective contribution
(determined in accordance with each State's applicable
funding agreement) to the cost of the Lower Colorado River
Multi-Species Conservation Program (as defined in section
9401 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1327)), and to execute the
Boulder Canyon Project Implementation Agreement Contract No.
95-PAO-10616 (referred to in this section as the
`Implementation Agreement').
``(F) Any of the 66.7 percent of Schedule D contingent
capacity and firm energy that is to be allocated by Western
that is not allocated and placed under contract by October 1,
2017, shall be returned to those contractors shown in
Schedule A and Schedule B in the same proportion as those
contractors' allocations of Schedule A and Schedule B
contingent capacity and firm energy. Any of the 33.3 percent
of Schedule D contingent capacity and firm energy that is to
be distributed within the States of Arizona, Nevada, and
California that is not allocated and placed under contract by
October 1, 2017, shall be returned to the Schedule A and
Schedule B contractors within the State in which the Schedule
D contingent capacity and firm energy were to be distributed,
in the same proportion as those contractors' allocations of
Schedule A and Schedule B contingent capacity and firm
energy.''.
(e) Total Obligations.--Paragraph (3) of section 105(a) of
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as
redesignated as subsection (d)(1)) is amended--
(1) in the first sentence, by striking ``schedule A of
section 105(a)(1)(A) and schedule B of section 105(a)(1)(B)''
and inserting ``paragraphs (1)(A), (1)(B), and (2)''; and
(2) in the second sentence--
(A) by striking ``any'' and inserting ``each'';
(B) by striking ``schedule C'' and inserting ``Schedule
C''; and
(C) by striking ``schedules A and B'' and inserting
``Schedules A, B, and D''.
(f) Power Marketing Criteria.--Paragraph (4) of section
105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C.
619a(a)) (as
[[Page H4221]]
redesignated as subsection (d)(1)) is amended to read as
follows:
``(4) Subdivision E of the Criteria shall be deemed to have
been modified to conform to this section, as modified by the
Hoover Power Allocation Act of 2010. The Secretary of Energy
shall cause to be included in the Federal Register a notice
conforming the text of the regulations to such
modifications.''.
(g) Contract Terms.--Paragraph (5) of section 105(a) of the
Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as
redesignated as subsection (d)(1)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) in accordance with section 5(a) of the Boulder Canyon
Project Act (43 U.S.C. 617d(a)), expire September 30,
2067;'';
(2) in the proviso of subparagraph (B)--
(A) by striking ``shall use'' and inserting ``shall
allocate''; and
(B) by striking ``and'' after the semicolon at the end;
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) authorize and require Western to collect from new
allottees a pro rata share of Hoover Dam repayable advances
paid for by contractors prior to October 1, 2017, and remit
such amounts to the contractors that paid such advances in
proportion to the amounts paid by such contractors as
specified in section 6.4 of the Implementation Agreement;
``(E) permit transactions with an independent system
operator; and
``(F) contain the same material terms included in section
5.6 of those long-term contracts for purchases from the
Hoover Power Plant that were made in accordance with this Act
and are in existence on the date of enactment of the Hoover
Power Allocation Act of 2010.''.
(h) Existing Rights.--Section 105(b) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(b)) is amended by striking
``2017'' and inserting ``2067''.
(i) Offers.--Section 105(c) of the Hoover Power Plant Act
of 1984 (43 U.S.C. 619a(c)) is amended to read as follows:
``(c) Offer of Contract to Other Entities.--If any existing
contractor fails to accept an offered contract, the Secretary
of Energy shall offer the contingent capacity and firm energy
thus available first to other entities in the same State
listed in Schedule A and Schedule B, second to other entities
listed in Schedule A and Schedule B, third to other entities
in the same State which receive contingent capacity and firm
energy under subsection (a)(2) of this section, and last to
other entities which receive contingent capacity and firm
energy under subsection (a)(2) of this section.''.
(j) Availability of Water.--Section 105(d) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(d) is amended to read
as follows:
``(d) Water Availability.--Except with respect to energy
purchased at the request of an allottee pursuant to
subsection (a)(3), the obligation of the Secretary of Energy
to deliver contingent capacity and firm energy pursuant to
contracts entered into pursuant to this section shall be
subject to availability of the water needed to produce such
contingent capacity and firm energy. In the event that water
is not available to produce the contingent capacity and firm
energy set forth in Schedule A, Schedule B, and Schedule D,
the Secretary of Energy shall adjust the contingent capacity
and firm energy offered under those Schedules in the same
proportion as those contractors' allocations of Schedule A,
Schedule B, and Schedule D contingent capacity and firm
energy bears to the full rated contingent capacity and firm
energy obligations.''.
(k) Conforming Amendments.--Section 105 of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a) is amended--
(1) by striking subsections (e) and (f); and
(2) by redesignating subsections (g), (h), and (i) as
subsections (e), (f), and (g), respectively.
(l) Continued Congressional Oversight.--Subsection (e) of
section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C.
619a)) (as redesignated by subsection (k)(2)) is amended--
(1) in the first sentence, by striking ``the renewal of'';
and
(2) in the second sentence, by striking ``June 1, 1987, and
ending September 30, 2017'' and inserting ``October 1, 2017,
and ending September 30, 2067''.
(m) Court Challenges.--Subsection (f)(1) of section 105 of
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as
redesignated by subsection (k)(2)) is amended in the first
sentence by striking ``this Act'' and inserting ``the Hoover
Power Allocation Act of 2010''.
(n) Reaffirmation of Congressional Declaration of
Purpose.--Subsection (g) of section 105 of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by
subsection (k)(2)) is amended--
(1) by striking ``subsections (c), (g), and (h) of this
section'' and inserting ``this Act''; and
(2) by striking ``June 1, 1987, and ending September 30,
2017'' and inserting ``October 1, 2017, and ending September
30, 2067''.
SEC. 3. PAYGO.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Mrs. Napolitano) and the gentleman from Utah (Mr. Chaffetz)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Mrs. NAPOLITANO. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Mrs. NAPOLITANO. Madam Speaker, H.R. 4349 would update the statutory
allocation of electric power generated at the Hoover Dam, located on
the Colorado River, to its various users. The current allocation of
this hydropower resource expires at the end of fiscal year 2017.
In this regard, H.R. 4349 would increase the amount of electricity to
be marketed by the Western Area Power Administration, known as WAPA,
and provide to Native American tribes and other previously excluded
entities the opportunity to acquire Federal power. The revised
allocation would remain in effect from 2017 to 2067.
H.R. 4349 has 43 bipartisan cosponsors. This hydroelectric
generation, which provides a renewable, affordable, and accessible
resource to the American Southwest, is, in this bill, being made now
available to additional users through this legislation. Western Area
Power has committed to implement a full and transparent process in the
allocation of this resource. We expect that the State regulatory
agencies of Arizona and Nevada will follow the same procedures and
commitment to an impartial and unbiased allocation determination.
Hydropower is a valuable resource for our country. The 50-year time
frame for allocation of this resource matches the commitment by
collaborators to fund the Lower Colorado River Multi-Species
Conservation Program. The conservation program is a nationally
recognized example of how diverse stakeholders can, together, find
solutions without litigation that allow everyone to use the Lower
Colorado River to promote economic growth while supporting compliance
with the Endangered Species Act and then protecting more than 100
species which the Lower Colorado River floodplain has within the river.
Madam Speaker, I ask my colleagues to support the passage of H.R.
4349, and I reserve the balance of my time.
Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may
consume.
The Hoover Dam may be 85 years old, but its legacy of providing
emissions-free electricity, water for cities and farms, recreation for
millions of boaters, flood control, and environmental protection
remains to this day. It is a symbol of what our Nation's legendary
infrastructure has done and will continue to do for generations to
come.
This legislation specifically continues the promise of delivering
clean and renewable hydropower generated at the legendary Hoover Dam.
This hydropower helped make the southwest United States what it is
today. This bill costs nothing, which is an important aspect in these
tight financial times since all of the costs to generate and deliver
this hydropower will be borne by the electricity ratepayers. This bill
is a reminder of the ``beneficiary pays'' principle that western water
and power projects are based on can still work and thrive today.
I appreciate the gentlewoman for bringing this bill forward, the
bipartisan manner in which it was crafted, and I urge my colleagues to
support this important piece of legislation.
I yield back the balance of my time.
Mrs. NAPOLITANO. I want to thank my colleague for being with us today
and to all of my other colleagues who are supporting and endorsing this
bill, especially the staff of the Water Subcommittee on our side and on
the minority staff. The collaborative effort that has gone into this is
exemplary of how we can work together to get things done, and I am very
happy that we are
[[Page H4222]]
able to do that in this bill. I urge my colleagues to vote for this
bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Mrs. Napolitano) that the House suspend
the rules and pass the bill, H.R. 4349, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________