Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	2,840	n/a	n/a
Reported in House	3,101	6	6%
Engrossed in House	2,802	11	16%
Placed on Calendar Senate	2,852	8	9%
Enrolled Bill	2,765	19 Show Changes Hide Changes	3%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate Enrolled Bill

HR 470 PCS

Calendar No. 185

112th CONGRESS

1st Session

H. .R.470CommentsClose CommentsPermalink

IN THE SENATE OF One Hundred Twelfth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

AT THE UNITED STATES

October 4, 2011

Received; read twice and placed on the calendar

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AN ACT

FIRST SESSIONCommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To further allocate and expand the availability of hydroelectric power generated at Hoover Dam, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Hoover Power Allocation Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. ALLOCATION OF CONTRACTS FOR POWER.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink





(1) by striking ‘renewal’;CommentsClose CommentsPermalink





(2) by striking ‘June 1, 1987’ and inserting ‘October 1, 2017’; andCommentsClose CommentsPermalink





(3) by striking Schedule A and inserting the following:CommentsClose CommentsPermalink

‘Schedule ACommentsClose CommentsPermalink

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractorsCommentsClose CommentsPermalink

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Contractor                                         Contingent capacity (kW) Firm energy (thousands of kWh)                       CommentsClose CommentsPermalink

Summer    Winter       TotalCommentsClose CommentsPermalink

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Metropolitan Water District of Southern California                  249,948                        859,163   368,212   1,227,375 CommentsClose CommentsPermalink

City of Los Angeles                                                 495,732                        464,108   199,175     663,283 CommentsClose CommentsPermalink

Southern California Edison Company                                  280,245                        166,712    71,448     238,160 CommentsClose CommentsPermalink

City of Glendale                                                     18,178                         45,028    19,297      64,325 CommentsClose CommentsPermalink

City of Pasadena                                                     11,108                         38,622    16,553      55,175 CommentsClose CommentsPermalink

City of Burbank                                                       5,176                         14,070     6,030      20,100 CommentsClose CommentsPermalink

Arizona Power Authority                                             190,869                        429,582   184,107     613,689 CommentsClose CommentsPermalink

Colorado River Commission of Nevada                                 190,869                        429,582   184,107     613,689 CommentsClose CommentsPermalink

United States, for Boulder City                                      20,198                         53,200    22,800      76,000 CommentsClose CommentsPermalink

Totals                                                            1,462,323                      2,500,067 1,071,729 3,571,796’. CommentsClose CommentsPermalink

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(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:CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink

‘Schedule BCommentsClose CommentsPermalink

Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractorsCommentsClose CommentsPermalink

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Contractor        Contingent capacity (kW) Firm energy (thousands of kWh)                   CommentsClose CommentsPermalink

Summer  Winter     TotalCommentsClose CommentsPermalink

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City of Glendale                    2,020                          2,749   1,194     3,943CommentsClose CommentsPermalink

City of Pasadena                     9,089                          2,399   1,041     3,440 CommentsClose CommentsPermalink

City of Burbank                     15,149                          3,604   1,566     5,170 CommentsClose CommentsPermalink

City of Anaheim                     40,396                         34,442  14,958    49,400 CommentsClose CommentsPermalink

City of Azusa                        4,039                          3,312   1,438     4,750 CommentsClose CommentsPermalink

City of Banning                      2,020                          1,324     576     1,900 CommentsClose CommentsPermalink

City of Colton                       3,030                          2,650   1,150     3,800 CommentsClose CommentsPermalink

City of Riverside                   30,296                         25,831  11,219    37,050 CommentsClose CommentsPermalink

City of Vernon                      22,218                         18,546   8,054    26,600 CommentsClose CommentsPermalink

Arizona                            189,860                        140,600  60,800   201,400 CommentsClose CommentsPermalink

Nevada                             189,860                        273,600 117,800   391,400 CommentsClose CommentsPermalink

Totals                             507,977                        509,057 219,796 728,853’. CommentsClose CommentsPermalink

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(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--CommentsClose CommentsPermalink





(1) by striking ‘June 1, 1987’ and inserting ‘October 1, 2017’; andCommentsClose CommentsPermalink





(2) by striking Schedule C and inserting the following:CommentsClose CommentsPermalink

‘Schedule CCommentsClose CommentsPermalink

Excess EnergyCommentsClose CommentsPermalink

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Priority of entitlement to excess energy                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 State CommentsClose CommentsPermalink

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First: Meeting Arizona’s first priority right to delivery 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.                           Arizona CommentsClose CommentsPermalink

Second: Meeting Hoover Dam contractual obligations under 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Arizona, Nevada, and California CommentsClose CommentsPermalink

Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Arizona, Nevada, and California’. CommentsClose CommentsPermalink

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(d) Schedule D Power- Section 105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(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’):CommentsClose CommentsPermalink

‘Schedule DCommentsClose CommentsPermalink

Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allotteesCommentsClose CommentsPermalink

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State                                             Contingent capacity (kW) Firm energy (thousands of kWh)                CommentsClose CommentsPermalink

Summer Winter   TotalCommentsClose CommentsPermalink

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New Entities Allocated by the Secretary of Energy                   69,170                        105,637 45,376 151,013 CommentsClose CommentsPermalink

New Entities Allocated by State                                                                                          CommentsClose CommentsPermalink

Arizona                                                             11,510                         17,580  7,533  25,113 CommentsClose CommentsPermalink

California                                                         11,510                         17,580  7,533  25,113CommentsClose CommentsPermalink

Nevada                                                              11,510                         17,580  7,533  25,113 CommentsClose CommentsPermalink

Totals                                                             103,700                        158,377 67,975 226,352 CommentsClose CommentsPermalink

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‘(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 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’).CommentsClose CommentsPermalink





‘(C)(i) 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 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--CommentsClose CommentsPermalink





‘(I) eligible to enter into contracts under section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d); orCommentsClose CommentsPermalink





‘(II) federally recognized Indian tribes.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) 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--CommentsClose CommentsPermalink





‘(i) the Arizona Power Authority for allocation to new allottees in the State of Arizona;CommentsClose CommentsPermalink





‘(ii) the Colorado River Commission of Nevada for allocation to new allottees in the State of Nevada; andCommentsClose CommentsPermalink





‘(iii) Western for allocation to new allottees within the State of California, provided that Western shall have 36 months to complete such allocation.CommentsClose CommentsPermalink





‘(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’).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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 asby subsection (d)(1)) is amended--CommentsClose CommentsPermalink





(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)’; andCommentsClose CommentsPermalink





(2) in the second sentence--CommentsClose CommentsPermalink





(A) by striking ‘any’ each place it appears and inserting ‘each’;CommentsClose CommentsPermalink





(B) by striking ‘schedule C’ and inserting ‘Schedule C’; andCommentsClose CommentsPermalink





(C) by striking ‘schedules A and B’ and inserting ‘Schedules A, B, and D’.CommentsClose CommentsPermalink





(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 asby subsection (d)(1)) is amended to read as follows:CommentsClose CommentsPermalink





‘(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 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.’.CommentsClose CommentsPermalink





(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 asby subsection (d)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) in accordance with section 5(a) of the Boulder Canyon Project Act (43 U.S.C. 617d(a)), expire September 30, 2067;’;CommentsClose CommentsPermalink





(2) in the proviso of subparagraph (B)--CommentsClose CommentsPermalink





(A) by striking ‘shall use’ and inserting ‘shall allocate’; andCommentsClose CommentsPermalink





(B) by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(3) in subparagraph (C), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(E) permit transactions with an independent system operator; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(k) Conforming Amendments- Section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) is amended--CommentsClose CommentsPermalink





(1) by striking subsections (e) and (f); andCommentsClose CommentsPermalink





(2) by redesignating subsections (g), (h), and (i) as subsections (e), (f), and (g), respectively.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘the renewal of’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) by striking ‘subsections (c), (g), and (h) of this section’ and inserting ‘this Act’; andCommentsClose CommentsPermalink





(2) by striking ‘June 1, 1987, and ending September 30, 2017’ and inserting ‘October 1, 2017, and ending September 30, 2067’.CommentsClose CommentsPermalink

SEC. 3. PAYGO.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives October 3, 2011.

Attest:

KAREN L. HAAS,

Clerk.

Calendar No. 185

112th CONGRESS

1st Session

H. R. 470

AN ACT

To further allocate and expand the availability of hydroelectric power generated at Hoover Dam, and for other purposes.

---

October 4, 2011

Received; read twice and placed on the calendar

.CommentsClose CommentsPermalink