[Congressional Record (Bound Edition), Volume 149 (2003), Part 2]
[House]
[Pages 2719-2720]
[From the U.S. 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.

[[Page 2720]]

  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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