[Senate Report 114-192]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 337

114th Congress  }                                          {  Report
                                 SENATE
 1st Session    }                                          {  114-192

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                  W. KERR SCOTT HYDROELECTRIC PROJECT

                                _______
                                

               December 16, 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. 2083]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2083) to extend the deadline for 
commencement of construction of a hydroelectric project, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 2083 is to extend the deadline for 
commencement of construction of the W. Kerr Scott hydroelectric 
project in North Carolina.

                          BACKGROUND AND NEED

    On July 17, 2012, the Federal Energy Regulatory Commission 
(Commission) granted the Wilkesboro Hydroelectric Company, LLC, 
a license for its proposed 4-MW W. Kerr Scott Hydroelectric 
Project (No. 12642) to be located at the existing, non-powered, 
U.S. Army Corps of Engineers' (Corps) W. Kerr Scott Dam in the 
State of North Carolina.
    On July 24, 2013, the Commission approved the transfer of 
the license from Wilkesboro Hydroelectric Company to Wilkesboro 
Hydropower, LLC. On May 7, 2014, the Commission granted 
Wilkesboro Hydropower a two-year extension, the maximum allowed 
under section 13 of the Federal Power Act, to extend the 
deadline of the project commencement to July 17, 2016. Given 
the extensive and ongoing review process undertaken by the 
Corps to ensure that the proposed development does not conflict 
with the authorized purposes of flood control and water supply, 
Wilkesboro Hydropower seeks an extension of the project 
commencement deadline.

                          LEGISLATIVE HISTORY

    S. 2083 was introduced by Senators Burr and Tillis on 
September 28, 2015. H.R. 3447, the companion bill to S. 2083, 
was introduced in the House by Representative Foxx on September 
8, 2015. The Committee on Energy and Natural Resources held a 
full committee hearing on October 8, 2015 to consider S. 2083.
    At its business meeting on November 19, 2015, the Committee 
on Energy and Natural Resources, on a voice vote, ordered S. 
2083 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. 
2083.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 authorizes the Commission, at the request of the 
licensee for the project and after reasonable notice in 
accordance with Commission procedures, to extend the time 
period during which the licensee is required to commence 
project construction for up to six years. Section 1 also 
authorizes the Commission to reinstate the license if the 
license has expired prior to the date of enactment of this Act. 
If so reinstated, the license is to be effective as of the date 
of its expiration.

                   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. 2083, a bill to 
extend the deadline for commencement of construction of a 
hydroelectric project.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2083--A bill to extend the deadline for commencement of construction 
        of a hydroelectric project

    CBO estimates that implementing S. 2083 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 12642) involving the W. Kerr 
Scott Hydropower Project in North Carolina. 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.
    Enacting S. 2083 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 2083 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    S. 2083 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. 2083. 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. 2083, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2083, 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 Commission on S. 2083 
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.