[House Report 115-175]
[From the U.S. Government Publishing Office]


115th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {       115-175

======================================================================

 
 TO REINSTATE AND EXTEND THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION 
       OF A HYDROELECTRIC PROJECT INVOLVING JENNINGS RANDOLPH DAM

                                _______
                                

 June 12, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Walden, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2122]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2122) to reinstate and extend the deadline for 
commencement of construction of a hydroelectric project 
involving Jennings Randolph Dam, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Committee Action.................................................     2
Committee Votes..................................................     2
Oversight Findings and Recommendations...........................     2
New Budget Authority, Entitlement Authority, and Tax Expenditures     2
Congressional Budget Office Estimate.............................     2
Federal Mandates Statement.......................................     2
Statement of General Performance Goals and Objectives............     3
Duplication of Federal Programs..................................     3
Committee Cost Estimate..........................................     3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     3
Disclosure of Directed Rule Makings..............................     3
Advisory Committee Statement.....................................     3
Applicability to Legislative Branch..............................     3
Section-by-Section Analysis of the Legislation...................     3
Changes in Existing Law Made by the Bill, as Reported............     4

                          PURPOSE AND SUMMARY

    H.R. 2122 authorizes the Federal Energy Regulatory 
Commission (FERC) to extend the time period during which the 
licensee is required to commence the construction of Commission 
project number 12715 for up to 3 consecutive 2-year periods.

                            COMMITTEE ACTION

    On May 3, 2017, the Subcommittee on Energy held a hearing 
on H.R. 2122. The Subcommittee received testimony from:
           Terry Turpin, Director, Office of Energy 
        Projects, Federal Energy Regulatory Commission;
           John Katz, Deputy Associate General Counsel, 
        Office of the General Counsel, Federal Energy 
        Regulatory Commission;
           Jeffrey Leahey, Deputy Executive Director, 
        National Hydropower Association;
           Donald Santa, President and CEO, Interstate 
        Natural Gas Association of America;
           Andy Black, President and CEO, Association 
        of Oil Pipe Lines;
           Jeffrey Soth, Legislative and Political 
        Director, International Union of Operating Engineers;
           Bob Irvin, President and CEO, American 
        Rivers; and,
           Jennifer Danis, Senior Staff Attorney, 
        Eastern Environmental Law Center.
    On June 7, 2017, the full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 2122, without 
amendment, favorably reported to the House by unanimous 
consent.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. There were no record votes taken in connection with 
ordering H.R. 2122 reported.

                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held a hearing and made findings that 
are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 2122 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
authorize the FERC to extend the time period during which the 
licensee is required to commence the construction of Commission 
project number 12715 for up to 3 consecutive 2-year periods.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 2122 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 2122 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(i) of H. Res. 5, the Committee finds 
that H.R. 2122 contains no directed rule makings.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Reinstatement and extension of time for a Federal Energy 
        Regulatory Commission project involving Jennings Randolph Dam.

    Section 1 would authorize FERC to extend the time period 
during which the licensee is required to commence the 
construction of Commission project number 12715 for up to 3 
consecutive 2-year periods. Such action may be taken 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 section 13 of the Federal Power 
Act, and the Commission's procedures.
    Any obligation of the licensee for the project of annual 
charges under section 10(e) of the Federal Power Act shall 
commence on the expiration of the time period to commence 
construction of the project.
    If the period required for commencement of construction of 
the project has expired prior to the date of the enactment of 
this Act, the FERC may reinstate the license for the project 
effective as of the date of its expiration and the first 
authorized extension shall take effect on the date of such 
expiration.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  [all]