A BILL TO AMEND PART I OF THE FEDERAL POWER ACT H.R. 7201 and H.R. 7494 BILLS TO PROVIDE FOR THE COMPREHENSIVE OPERATION JULY 16, 27, 1959, AND JANUARY 20, 1960 Printed for the use of the Committee on Interstate and Foreign Commerce -60676 51029 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1960 COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OREN HARRIS, JOHN BELL WILLIAMS, Mississippi SAMUEL N. FRIEDEL, Maryland TORBERT H. MACDONALD, Massachusetts JOHN JARMAN, Oklahoma LEO W. O'BRIEN, New York JOHN E. MOSS, California JOHN D. DINGELL, Michigan JOE M. KILGORE, Texas PAUL G. ROGERS, Florida ROBERT W. HEMPHILL, South Carolina ANDREW STEVENSON KURT BORCHARDT Arkansas, Chairman JOHN B. BENNETT, Michigan W. E. WILLIAMSON, Clerk Professional Staff SAM G. SPAL MARTIN W. CUNNINGHAM Gary, Hon. J. Vaughan, a Representative in Congress from the State of Gatchell, Willard W., General Counsel, Federal Power Commission__ Hemphill, Hon. Robert W., a Representative in Congress from the Hooker, Lester, member, State Corporation Commission of Virginia__ Metcalf, Hon. Lee, a Representative in Congress from the State of Meyer, Bernard, attorney, Office of the Solicitor, Department of the Norwood, Gus, Northwest Public Power Commission, Inc.. O'Kelly, Alan P., Washington Water Power Co., Spokane, Wash. Radin, Alex, general manager, American Public Power Association__ Roberts, Austin L., Jr., general solicitor, National Association of 111 118 Weinberg, Edward, Assistant Solicitor, Department of the Interior__ Williams, Arthur M., Jr., vice president and counsel, South Carolina III Additional information submitted for the record-Continued Industrial Union Department, letter from Albert Whitehouse, director. Inland Empire Waterways Association, statement of Herbert G. 131 Interior Department, letters from Hon. Fred G. Aandahl, Assistant Lewis-Clark G. & T. Co-op, telegram from Edgar Collison, president__ Resolution of County Commissioners Association of the State of Section-by-section analysis of H.R. 7201.. Montana Farmers Union, letter from Leonard Kenfield, president_ National Association of Railroad and Utilities Commissioners, letter from Austin L. Roberts, Jr., general solicitor_-_- National Farmers Union: Letter from James G. Patton, president, to Senator Murray- Northwest Public Power Association, Inc.: Stevens, Jack D.: Benefits due to storage releases at Flathead Lake, map.... 140 137 135 65, 78 71 65 99 Washington Public Utility Districts' Association, statement of Ken 57 UPSTREAM BENEFITS THURSDAY, JULY 16, 1959 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COMMUNICATIONS AND POWER, OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 1334 of the New House Office Building, Hon. Oren Harris (chairman) presiding. The CHAIRMAN. The committee will come to order. Today the subcommittee is holding hearings on three bills. Interest has been manifested in this problem for some time. The bills are H.R. 5309, by our colleague from Virginia, Mr. Gary; H.R. 7201, by our colleague from Montana, Mr. Metcalf; and H.R. 7494, by our colleague from South Carolina, and a member of this committee, Mr. Hemphill. These bills to amend the Federal Power Act provide that charges shall be paid by Federal power projects which are benefited by upstream improvements constructed by other parties. H.R. 7201 and H.R. 7494 are identical bills, but H.R. 5309 treats the subject a little differently. In addition, H.R. 5309 would amend the existing law (1) to provide for exemption of projects of 2,000 horsepower or less compared with the present 100 horsepower-from certain licensing provisions of the Federal Power Act; and (2) to provide for relicensing the same licensee upon application if the United States does not take over a project at the end of the license period. All three subjects have been before this committee in one form or another for several years. The charging of Federal projects with upstream benefits was proposed in the 1954 budget message of the President, and considered by the 83d Congress, and has been a legislative recommendation of the Federal Power Commission. The increase in the exemption from 100 to 2,000 horsepower was considered by the committee in connection with legislation in the 80th Congress and has been recommended by the Federal Power Commission since 1951. The renewal of a license at the end of a 50-year period, which is opposed by the Federal Power Commmission as being an unnecessary amendment, was considered in the 83d Congress in connection with legislation exempting State and municipal projects from recapture provisions of the act. 1 |