[Senate Report 114-190]
[From the U.S. Government Publishing Office]
Calendar No. 335
114th Congress } { Report
SENATE
1st Session } { 114-190
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MAHONEY LAKE HYDROELECTRIC PROJECT
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December 16, 2015.--Ordered to be printed
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Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2046]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2046) to authorize the Federal Energy
Regulatory Commission to issue an order continuing a stay of a
hydroelectric license for the Mahoney Lake hydroelectric
project in the State of Alaska, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 2046 is to direct the Federal Energy
Regulatory Commission to issue an order continuing a stay of a
hydroelectric license for the Mahoney Lake hydroelectric
project in the State of Alaska.
BACKGROUND AND NEED
The Mahoney Lake Hydroelectric Project was first proposed
in the 1990s as a 9.6 MW lake-tap project. In 2002, Congress
directed the Federal Energy Regulatory Commission (Commission)
to grant a stay for the project's construction until not later
than 6 years after the Commission received written notice that
the Swan-Tyee electrical transmission intertie was completed.
The Commission received written notice of the completion of the
Swan-Tyee electrical transmission intertie on October 4, 2011,
thus requiring the Commission to lift the stay no later than
October 4, 2017.
Currently, the Southeast Alaska Power Authority (SEAPA) is
reviewing potential power sources to meet the City of
Ketchikan's projected power needs over the next decade. As part
of that study, SEAPA is considering the merits of a number of
projects, including the construction of Mahoney Lake. In order
to keep the Mahoney Lake hydropower project viable as a
potential renewable energy project, the Cape Fox Native
Corporation of Ketchikan, Alaska Power and Telephone Company,
and the City of Saxman seek an additional stay of the license
for the Mahoney Lake project, along with a potential extension
of the construction start deadline.
LEGISLATIVE HISTORY
S. 2046 was introduced by Senator Murkowski on September
17, 2015. The Committee on Energy and Natural Resources held a
full committee hearing on October 8, 2015 to consider the bill.
At its business meeting on November 19, 2015, the Committee
on Energy and Natural Resources, on a voice vote, ordered S.
2046 favorably reported without amendment.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2046.
SECTION-BY-SECTION ANALYSIS
Section 1. Stay and Reinstatement of FERC License No. 11393 for the
Mahoney Lake Hydroelectric Project.
Section 1(a) defines key terms.
Section 1(b) directs the Commission, at the request of the
licensee, to issue a stay of license.
Section 1(c) directs the Commission, at the request of the
licensee, to lift the stay of the license and make the
effective date of the license the day the stay is lifted. Such
request by the licensee must be made within 10 years of the
date of enactment of this Act.
Section 1(d) directs the Commission, at the request of the
licensee, to extend the time period for project construction
commencement for up to six years. Such extension is to be
undertaken after reasonable notice and in accordance with the
good faith, due diligence, and public interest requirements of
section 13 of the Federal Power Act.
Section 1(e) clarifies that S. 2046 does not prioritize or
create any advantage or disadvantage for the Mahoney Lake
Hydroelectric Project.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 9, 2015.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2046, a bill to
authorize the Federal Energy Regulatory Commission to issue an
order continuing a stay of a hydroelectric license for the
Mahoney Lake hydroelectric project in the state of Alaska, and
for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll, who can be reached at 226-2860.
Sincerely,
Keith Hall.
Enclosure.
S. 2046--A bill to authorize the Federal Energy Regulatory Commission
to issue an order continuing a stay of a hydroelectric license
for the Mahoney Lake hydroelectric project in the state of
Alaska, and for other purposes
CBO estimates that implementing S. 2046 would have no net
effect on the federal budget. The bill would direct the Federal
Energy Regulatory Commission (FERC), at the request of the
licensee of the Mahoney Lake hydroelectric project in Alaska
(number 11393), to issue an order to continue a stay of the
license for that project. The bill also would direct FERC, upon
the licensee's request, to subsequently lift that stay and
extend for up to three consecutive two-year periods the
deadline for beginning construction of the hydroelectric
project.
Enacting S. 2046 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.
Enacting S. 2046 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 2046 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
S. 2046 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 H. Samuel Papenfuss, Deputy
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. 2046. 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. 2046, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2046, as ordered 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 letter from the Chairman of the Federal Energy
Regulatory Commission on S. 2046, follows:
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 the bill as ordered
reported.