Text: H.R.470 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-72 (12/20/2011)

 
[112th Congress Public Law 72]
[From the U.S. Government Printing Office]



[[Page 125 STAT. 777]]

Public Law 112-72
112th Congress

                                 An Act


 
 To further allocate and expand the availability of hydroelectric power 
   generated at Hoover Dam, and for other purposes. <<NOTE: Dec. 20, 
                          2011 -  [H.R. 470]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hoover Power 
Allocation Act of 2011. State listing.>> 
SECTION 1. <<NOTE: 43 USC 619 note.>> SHORT TITLE.

    This Act may be cited as the ``Hoover Power Allocation Act of 
2011''.
SEC. 2. <<NOTE: 43 USC 619a.>> 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:

[[Page 125 STAT. 778]]

    ``(B) To <<NOTE: Effective date.>> 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.........................................

[[Page 125 STAT. 779]]

 
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 2011, 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 <<NOTE: Effective date.>> 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 Conformed 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) <<NOTE: Deadline. Effective date.>> Within 36 months of the 
date of enactment of the Hoover Power Allocation Act of 2011, the 
Secretary of Energy shall allocate through the Western Area Power 
Administration (referred to in

[[Page 125 STAT. 780]]

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) <<NOTE: Deadline. Effective date.>> Within 1 year of the date 
of enactment of the Hoover Power Allocation Act of 2011, 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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 by 
subsection (d)(1)) is amended--

[[Page 125 STAT. 781]]

            (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'' each place it appears 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 
by subsection (d)(1)) is amended to read as follows:
    ``(4) Subdivision C of the Criteria shall be deemed to have been 
modified to conform to this section, as modified by the Hoover Power 
Allocation Act of <<NOTE: Federal Register, publication. Notice.>>  
2011. 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 by 
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 2011.''.

    (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

[[Page 125 STAT. 782]]

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 2011''.
    (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''.

[[Page 125 STAT. 783]]

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.

    Approved December 20, 2011.

LEGISLATIVE HISTORY--H.R. 470 (S. 519):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-159, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 112-58 (Comm. on Energy and Natural Resources) 
accompanying S. 519.
CONGRESSIONAL RECORD, Vol. 157 (2011):
            Oct. 3, considered and passed House.
            Oct. 18, considered and passed Senate.

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