[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4349 Reported in Senate (RS)]
Calendar No. 615
111th CONGRESS
2d Session
H. R. 4349
[Report No. 111-329]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2010
Received; read twice and referred to the Committee on Energy and
Natural Resources
September 27, 2010
Reported by Mr. Bingaman, without amendment
_______________________________________________________________________
AN ACT
To further allocate and expand the availability of hydroelectric power
generated at Hoover Dam, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hoover Power Allocation Act of
2010''.
SEC. 2. ALLOCATION OF CONTRACTS FOR POWER.
(a) Schedule A Power.--Section 105(a)(1)(A) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(a)(1)(A)) is amended--
(1) by striking ``renewal'';
(2) by striking ``June 1, 1987'' and inserting ``October 1,
2017''; and
(3) by striking Schedule A and inserting the following:
``Schedule A
Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
project contractors
----------------------------------------------------------------------------------------------------------------
Contingent Firm energy (thousands of kWh)
Contractor capacity ------------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
Metropolitan Water District of Southern California............. 249,948 859,163 368,212 1,227,375
City of Los Angeles............................................ 495,732 464,108 199,175 663,283
Southern California Edison Company............................. 280,245 166,712 71,448 238,160
City of Glendale............................................... 18,178 45,028 19,297 64,325
City of Pasadena............................................... 11,108 38,622 16,553 55,175
City of Burbank................................................ 5,176 14,070 6,030 20,100
Arizona Power Authority........................................ 190,869 429,582 184,107 613,689
Colorado River Commission of Nevada............................ 190,869 429,582 184,107 613,689
United States, for Boulder City................................ 20,198 53,200 22,800 76,000
------------------------------------------------
Totals......................................................... 1,462,323 2,500,067 1,071,729 3,571,796''
.
----------------------------------------------------------------------------------------------------------------
(b) Schedule B Power.--Section 105(a)(1)(B) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(a)(1)(B)) is amended to read as
follows:
``(B) To each existing contractor for power generated at Hoover
Dam, a contract, for delivery commencing October 1, 2017, of the amount
of contingent capacity and firm energy specified for that contractor in
the following table:
``Schedule B
Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
project contractors
----------------------------------------------------------------------------------------------------------------
Contingent Firm energy (thousands of kWh)
Contractor capacity -----------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
City of Glendale............................................... 2,020 2,749 1,194 3,943
City of Pasadena................................................ 9,089 2,399 1,041 3,440
City of Burbank................................................. 15,149 3,604 1,566 5,170
City of Anaheim................................................. 40,396 34,442 14,958 49,400
City of Azusa................................................... 4,039 3,312 1,438 4,750
City of Banning................................................. 2,020 1,324 576 1,900
City of Colton.................................................. 3,030 2,650 1,150 3,800
City of Riverside............................................... 30,296 25,831 11,219 37,050
City of Vernon.................................................. 22,218 18,546 8,054 26,600
Arizona......................................................... 189,860 140,600 60,800 201,400
Nevada.......................................................... 189,860 273,600 117,800 391,400
-----------------------------------------------
Totals.......................................................... 507,977 509,057 219,796 728,853''.
----------------------------------------------------------------------------------------------------------------
(c) Schedule C Power.--Section 105(a)(1)(C) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) is amended--
(1) by striking ``June 1, 1987'' and inserting ``October 1,
2017''; and
(2) by striking Schedule C and inserting the following:
``Schedule C
Excess Energy
----------------------------------------------------------------------------------------------------------------
Priority of entitlement to excess energy State
----------------------------------------------------------------------------------------------------------------
First: Meeting Arizona's first priority right to delivery Arizona
of excess energy which is equal in each year of operation
to 200 million kilowatthours: Provided, That in the event
excess energy in the amount of 200 million kilowatthours
is not generated during any year of operation, Arizona
shall accumulate a first right to delivery of excess
energy subsequently generated in an amount not to exceed
600 million kilowatthours, inclusive of the current year's
200 million kilowatthours. Said first right of delivery
shall accrue at a rate of 200 million kilowatthours per
year for each year excess energy in an amount of 200
million kilowatthours is not generated, less amounts of
excess energy delivered...................................
Second: Meeting Hoover Dam contractual obligations under Arizona, Nevada, and California
Schedule A of subsection (a)(1)(A), under Schedule B of
subsection (a)(1)(B), and under Schedule D of subsection
(a)(2), not exceeding 26 million kilowatthours in each
year of operation.........................................
Third: Meeting the energy requirements of the three States, Arizona, Nevada, and California''.
such available excess energy to be divided equally among
the States................................................
----------------------------------------------------------------------------------------------------------------
(d) Schedule D Power.--Section 105(a) of the Hoover Power Plant Act
of 1984 (43 U.S.C. 619a(a)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2)(A) The Secretary of Energy is authorized to and shall create
from the apportioned allocation of contingent capacity and firm energy
adjusted from the amounts authorized in this Act in 1984 to the amounts
shown in Schedule A and Schedule B, as modified by the Hoover Power
Allocation Act of 2010, a resource pool equal to 5 percent of the full
rated capacity of 2,074,000 kilowatts, and associated firm energy, as
shown in Schedule D (referred to in this section as `Schedule D
contingent capacity and firm energy'):
``Schedule D
Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees
----------------------------------------------------------------------------------------------------------------
Contingent Firm energy (thousands of kWh)
State capacity -----------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
New Entities Allocated by the Secretary of Energy............... 69,170 105,637 45,376 151,013
New Entities Allocated by State
Arizona......................................................... 11,510 17,580 7,533 25,113
California..................................................... 11,510 17,580 7,533 25,113
Nevada.......................................................... 11,510 17,580 7,533 25,113
-----------------------------------------------
Totals.......................................................... 103,700 158,377 67,975 226,352
----------------------------------------------------------------------------------------------------------------
``(B) The Secretary of Energy shall offer Schedule D contingency
capacity and firm energy to entities not receiving contingent capacity
and firm energy under subparagraphs (A) and (B) of paragraph (1)
(referred to in this section as `new allottees') for delivery
commencing October 1, 2017 pursuant to this subsection. In this
subsection, the term `the marketing area for the Boulder City Area
Projects' shall have the same meaning as in appendix A of the General
Consolidated Power Marketing Criteria or Regulations for Boulder City
Area Projects published in the Federal Register on December 28, 1984
(49 Federal Register 50582 et seq.) (referred to in this section as the
`Criteria').
``(C)(i) Within 36 months of the date of enactment of the Hoover
Power Allocation Act of 2010, the Secretary of Energy shall allocate
through the Western Area Power Administration (referred to in this
section as `Western'), for delivery commencing October 1, 2017, for use
in the marketing area for the Boulder City Area Projects 66.7 percent
of the Schedule D contingent capacity and firm energy to new allottees
that are located within the marketing area for the Boulder City Area
Projects and that are--
``(I) eligible to enter into contracts under section 5 of
the Boulder Canyon Project Act (43 U.S.C. 617d); or
``(II) federally recognized Indian tribes.
``(ii) In the case of Arizona and Nevada, Schedule D contingent
capacity and firm energy for new allottees other than federally
recognized Indian tribes shall be offered through the Arizona Power
Authority and the Colorado River Commission of Nevada, respectively.
Schedule D contingent capacity and firm energy allocated to federally
recognized Indian tribes shall be contracted for directly with Western.
``(D) Within 1 year of the date of enactment of the Hoover Power
Allocation Act of 2010, the Secretary of Energy also shall allocate,
for delivery commencing October 1, 2017, for use in the marketing area
for the Boulder City Area Projects 11.1 percent of the Schedule D
contingent capacity and firm energy to each of--
``(i) the Arizona Power Authority for allocation to new
allottees in the State of Arizona;
``(ii) the Colorado River Commission of Nevada for
allocation to new allottees in the State of Nevada; and
``(iii) Western for allocation to new allottees within the
State of California, provided that Western shall have 36 months
to complete such allocation.
``(E) Each contract offered pursuant to this subsection shall
include a provision requiring the new allottee to pay a proportionate
share of its State's respective contribution (determined in accordance
with each State's applicable funding agreement) to the cost of the
Lower Colorado River Multi-Species Conservation Program (as defined in
section 9401 of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 1327)), and to execute the Boulder Canyon Project
Implementation Agreement Contract No. 95-PAO-10616 (referred to in this
section as the `Implementation Agreement').
``(F) Any of the 66.7 percent of Schedule D contingent capacity and
firm energy that is to be allocated by Western that is not allocated
and placed under contract by October 1, 2017, shall be returned to
those contractors shown in Schedule A and Schedule B in the same
proportion as those contractors' allocations of Schedule A and Schedule
B contingent capacity and firm energy. Any of the 33.3 percent of
Schedule D contingent capacity and firm energy that is to be
distributed within the States of Arizona, Nevada, and California that
is not allocated and placed under contract by October 1, 2017, shall be
returned to the Schedule A and Schedule B contractors within the State
in which the Schedule D contingent capacity and firm energy were to be
distributed, in the same proportion as those contractors' allocations
of Schedule A and Schedule B contingent capacity and firm energy.''.
(e) Total Obligations.--Paragraph (3) of section 105(a) of the
Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated as
subsection (d)(1)) is amended--
(1) in the first sentence, by striking ``schedule A of
section 105(a)(1)(A) and schedule B of section 105(a)(1)(B)''
and inserting ``paragraphs (1)(A), (1)(B), and (2)''; and
(2) in the second sentence--
(A) by striking ``any'' and inserting ``each'';
(B) by striking ``schedule C'' and inserting
``Schedule C''; and
(C) by striking ``schedules A and B'' and inserting
``Schedules A, B, and D''.
(f) Power Marketing Criteria.--Paragraph (4) of section 105(a) of
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated
as subsection (d)(1)) is amended to read as follows:
``(4) Subdivision E of the Criteria shall be deemed to have been
modified to conform to this section, as modified by the Hoover Power
Allocation Act of 2010. The Secretary of Energy shall cause to be
included in the Federal Register a notice conforming the text of the
regulations to such modifications.''.
(g) Contract Terms.--Paragraph (5) of section 105(a) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as redesignated as
subsection (d)(1)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) in accordance with section 5(a) of the Boulder Canyon
Project Act (43 U.S.C. 617d(a)), expire September 30, 2067;'';
(2) in the proviso of subparagraph (B)--
(A) by striking ``shall use'' and inserting ``shall
allocate''; and
(B) by striking ``and'' after the semicolon at the
end;
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) authorize and require Western to collect from new
allottees a pro rata share of Hoover Dam repayable advances
paid for by contractors prior to October 1, 2017, and remit
such amounts to the contractors that paid such advances in
proportion to the amounts paid by such contractors as specified
in section 6.4 of the Implementation Agreement;
``(E) permit transactions with an independent system
operator; and
``(F) contain the same material terms included in section
5.6 of those long-term contracts for purchases from the Hoover
Power Plant that were made in accordance with this Act and are
in existence on the date of enactment of the Hoover Power
Allocation Act of 2010.''.
(h) Existing Rights.--Section 105(b) of the Hoover Power Plant Act
of 1984 (43 U.S.C. 619a(b)) is amended by striking ``2017'' and
inserting ``2067''.
(i) Offers.--Section 105(c) of the Hoover Power Plant Act of 1984
(43 U.S.C. 619a(c)) is amended to read as follows:
``(c) Offer of Contract to Other Entities.--If any existing
contractor fails to accept an offered contract, the Secretary of Energy
shall offer the contingent capacity and firm energy thus available
first to other entities in the same State listed in Schedule A and
Schedule B, second to other entities listed in Schedule A and Schedule
B, third to other entities in the same State which receive contingent
capacity and firm energy under subsection (a)(2) of this section, and
last to other entities which receive contingent capacity and firm
energy under subsection (a)(2) of this section.''.
(j) Availability of Water.--Section 105(d) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(d) is amended to read as follows:
``(d) Water Availability.--Except with respect to energy purchased
at the request of an allottee pursuant to subsection (a)(3), the
obligation of the Secretary of Energy to deliver contingent capacity
and firm energy pursuant to contracts entered into pursuant to this
section shall be subject to availability of the water needed to produce
such contingent capacity and firm energy. In the event that water is
not available to produce the contingent capacity and firm energy set
forth in Schedule A, Schedule B, and Schedule D, the Secretary of
Energy shall adjust the contingent capacity and firm energy offered
under those Schedules in the same proportion as those contractors'
allocations of Schedule A, Schedule B, and Schedule D contingent
capacity and firm energy bears to the full rated contingent capacity
and firm energy obligations.''.
(k) Conforming Amendments.--Section 105 of the Hoover Power Plant
Act of 1984 (43 U.S.C. 619a) is amended--
(1) by striking subsections (e) and (f); and
(2) by redesignating subsections (g), (h), and (i) as
subsections (e), (f), and (g), respectively.
(l) Continued Congressional Oversight.--Subsection (e) of section
105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a)) (as
redesignated by subsection (k)(2)) is amended--
(1) in the first sentence, by striking ``the renewal of'';
and
(2) in the second sentence, by striking ``June 1, 1987, and
ending September 30, 2017'' and inserting ``October 1, 2017,
and ending September 30, 2067''.
(m) Court Challenges.--Subsection (f)(1) of section 105 of the
Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by
subsection (k)(2)) is amended in the first sentence by striking ``this
Act'' and inserting ``the Hoover Power Allocation Act of 2010''.
(n) Reaffirmation of Congressional Declaration of Purpose.--
Subsection (g) of section 105 of the Hoover Power Plant Act of 1984 (43
U.S.C. 619a) (as redesignated by subsection (k)(2)) is amended--
(1) by striking ``subsections (c), (g), and (h) of this
section'' and inserting ``this Act''; and
(2) by striking ``June 1, 1987, and ending September 30,
2017'' and inserting ``October 1, 2017, and ending September
30, 2067''.
SEC. 3. PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Calendar No. 615
111th CONGRESS
2d Session
H. R. 4349
[Report No. 111-329]
_______________________________________________________________________
AN ACT
To further allocate and expand the availability of hydroelectric power
generated at Hoover Dam, and for other purposes.
_______________________________________________________________________
September 27, 2010
Reported without amendment