S. Rept. 115-103 - TO REINSTATE AND EXTEND THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF A HYDROELECTRIC PROJECT INVOLVING JENNINGS RANDOLPH DAM115th Congress (2017-2018)

                                                       Calendar No. 133
                                                       
115th Congress     }                                       {   Report
                                 SENATE
 1st Session       }                                       {  115-103

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

                                _______
                                

                  June 8, 2017.--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. 710]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 710) to reinstate and extend the deadline 
for commencement of construction of a hydroelectric project 
involving Jennings Randolph Dam, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, strike lines 13 through 18.
    2. On page 2, line 19, strike ``(c)'' and insert ``(b)''.
    3. On page 3, line 4, strike ``the expiration of the 
license'' and insert ``that expiration''.

                                PURPOSE

    The purpose of S. 710 is to reinstate and extend the 
deadline for commencement of construction of a hydroelectric 
project involving Jennings Randolph Dam.

                          BACKGROUND AND NEED

    The Federal Energy Regulatory Commission (Commission) 
issued an original license to the Fairlawn Hydroelectric 
Company for a 14-megawatt Jennings Randolph Hydroelectric 
Project on April 30, 2012. The project is located at the U.S. 
Army Corps of Engineers' (Corps) Jennings Randolph Dam and Lake 
on the Potomac River in Maryland and West Virginia. On May 13, 
2014, the Commission granted a two-year extension of the 
license until April 30, 2016, the maximum initial time 
allowable under section 13 of the Federal Power Act (16 U.S.C. 
806).
    Due to ongoing work with the Corps to obtain construction 
authorization under section 14 of the Rivers and Harbors Act 
(33 U.S.C. 408), construction has not yet begun on the project 
and the licensee seeks an extension of the project commencement 
deadline.

                          LEGISLATIVE HISTORY

    Senators Manchin and Capito introduced S. 710 on March 23, 
2017.
    In the 114th Congress, Representatives McKinley and Delaney 
introduced a similar measure, H.R. 4416, in the House of 
Representatives on February 1, 2016. The bill passed the House 
of Representatives by a vote of 418-2 on March 16, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 710 
favorably reported, as amended.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on March 30, 2017, by a majority voice vote of 
a quorum present, recommended that the Senate pass S. 710, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 710 the Committee adopted 
three amendments to strike language regarding annual charges 
and to make technical and conforming changes.

                      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. This section further 
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 reinstated license is to be effective as 
of the date of the expiration of the previous extension.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

S. 710--To reinstate and extend the deadline for commencement of 
        construction of a hydroelectric project involving Jennings 
        Randolph Dam

    CBO estimates that implementing S. 710 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 
the Jennings Randolph Hydroelectric Project (number 12715) 
located on the North Branch of the Potomac River in Garret 
County, Maryland and Mineral County, West Virginia. The 
proposed extension could have a minor effect 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. 710 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 710 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 710 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. 710. 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. 710, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 710, 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

    Executive Communications were not requested by the 
Committee on Energy and Natural Resources in the 115th 
Congress.

                        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.