[Senate Report 114-133]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 213
114th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {      114-133

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                               GIBSON DAM

                                _______
                                

               September 9, 2015.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1104]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1104) to extend the deadline for 
commencement of construction of a hydroelectric project 
involving the Gibson Dam, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                PURPOSE

    The purpose of S. 1104 is to extend the deadline for 
commencement of construction of a hydroelectric project 
involving the Gibson Dam.

                          BACKGROUND AND NEED

    Gibson Dam Hydroelectric Project was licensed as Federal 
Energy Regulatory Commission (FERC) Project No. 12478 in 2014, 
and subsequently received the maximum two-year extension in 
2014. The deadline for the commencement of construction is 
currently January 12, 2016. Section 13 of the Federal Power Act 
provides that, if construction does not timely commence, the 
Commission must terminate the license. Due to unforeseen delays 
in procuring the necessary rights-of-way and working with the 
U.S. Fish and Wildlife Service on transmission corridor 
compliance, legislation is required to extend the construction 
commencement deadline.

                          LEGISLATIVE HISTORY

    Senator Daines introduced S. 1104 on April 27, 2015. The 
bill is co-sponsored by Senators Risch and Tester. The 
Committee on Energy and Natural Resources conducted a 
legislative hearing on S. 1104 on May 19, 2015.
    The Committee on Energy and Natural Resources met in open 
business session on July 30, 2015, and ordered S. 1104 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 30, 2015, by majority voice vote 
of a quorum present, recommends that the Senate pass S. 1104.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 requires The Federal Energy Regulatory Commission 
(FERC), at the request of the licensee for the project and 
after reasonable notice, and in accordance with FERC 
procedures, to extend the time period during which the licensee 
is required to commence the construction of project works to a 
6-year period that begins on the date of the current 
construction commencement deadline.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

S. 1104--A bill to extend the deadline for commencement of construction 
        of a hydroelectric project involving the Gibson Dam

    CBO estimates that implementing S. 1104 would have no net 
effect on the federal budget. The bill would authorize the 
Federal Energy Regulatory Commission (FERC) to reinstate the 
license and extend the deadline for beginning construction of a 
hydroelectric project (number 12478-003) involving the Gibson 
Dam in Montana. The proposed extension could have a minor 
impact on FERC's workload; however, because FERC recovers 100 
percent of its costs through user fees, any change in that 
agency's costs (which are controlled through annual 
appropriation acts) would be offset by an equal change in fees 
that the commission charges, resulting in no net change in 
federal spending. S. 1104 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    S. 1104 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1104.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1104, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1104, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Federal Energy Regulatory 
Commission at the May 19, 2015 Full Committee hearing on S. 
1104 is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1104, as ordered 
reported.

                                  [all]