Fair Competition in Hydroelectric Licensing Act of 1985

Summary

Fair Competition on Hydroelectric Licensing Act of 1985 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to give preference to State and municipal applicants for preliminary permits or original licenses for hydroelectric facilities. Prescribes guidelines under which FERC shall determine which electric utility license applicant offers the proposal best adapted to a certain comprehensive plan for waterways improvement. Prohibits the FERC from denying a license to a competing applicant because it has not previously operated a hydroelectric project. Requires the existing licensee to: (1) make available to an entity planning to file a competing license application all the data necessary to complete such application, and to grant a competing applicant access to the project works and lands; and (2) agree to perform with competing applicants certain joint studies required to be submitted with a license application. Requires FERC to give preference to State or municipality proposals which are equally well adapted to comprehensive plans for waterway improvement as the proposals of other applicants. Authorizes FERC to require implementation of electricity consumption efficiency improvement programs for the conservation and proper utilization of natural resources. Requires FERC to include as a condition of a license that an electric utility licensee provide in the public interest: (1) transmission services to other electric utilities over its transmission facilities; and (2) an increase in the transmission capacity of any bulk power transmission facility which it owns or operates. Authorizes the FERC to make available to the existing licensee up to an average of 25 percent of the project output for the initial one-fifth of the license term at the new licensee's cost of power and energy from the project. Requires FERC to issue new licenses no later than 12 months prior to the expiration date of an existing license. Requires the FERC to report annually to the Congress all projects for which new licenses have not been issued within such period. Requires the FERC to transmit to the Attorney General all license applications in order to ascertain whether any activities under the Act would tend to be inconsistent with certain antitrust laws. Prohibits the FERC from issuing a license where such inconsistencies are found. Amends the Public Utility Regulatory Policies Act to repeal FERC's authority to exempt certain small hydroelectric power projects from the licensing requirements of the Federal Power Act. Makes inapplicable to a new hydroelectric generating facility the economic incentives granted by the Act to small power production facilities if the new facility requires the construction of a new water diversion structure.

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Timeline

1. 24 May 1985

   Referred

   Referred to Subcommittee on Water and Power.

   Source: Committee

2. 24 May 1985

   Introduced

   Read twice and referred to the Committee on Energy and Natural Resources.

   Source: IntroReferral

3. 24 May 1985

   Introduced

   Introduced in Senate

   Source: IntroReferral

4. 3 June 1985

   Committee

   Committee on Energy and Natural Resources requested executive comment from Energy Department (Federal Energy Regulatory Commission), Justice Department, OMB.

   Source: Committee

5. 11 June 1985

   Committee

   Subcommittee on Water and Power. Hearings held. Hearings printed: S.Hrg. 99-236.

   Source: Committee

6. 16 July 1985

   Committee

   Committee on Energy and Natural Resources received executive comment from Federal Energy Regulatory Commission. Favorable.

   Source: Committee

7. 31 July 1985

   Committee

   Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

   Source: Committee

8. 2 October 1985

   Reported

   Committee on Energy and Natural Resources. Provisions of measure incorporated into measure S. 426 ordered to be reported.

   Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 24 May 1985

  Open at official source

Sponsors

• Sen. Metzenbaum, Howard M. [D-OH] · D · Sponsor
• · sseg00 · Standing

Related records

• related to → Electric Consumer Protection Act of 1986