HR 5892:
Hydropower Regulatory Efficiency Act of 2012
6 Comments have been left
Official Title: To improve hydropower, and for other purposes.
Sponsor: Rep McMorris-Rodgers (R, WA)
Date: 07/10/2012
Summary:
Hydropower Regulatory Efficiency Act of 2012 -
- (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
- (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements. Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria. Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of five megawatts, and (3) is not currently licensed or exempted from license requirements. Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. Authorizes FERC to exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer.
- (Sec. 5) Authorizes FERC to extend the preliminary permit period for up to two additional years beyond the three years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
- (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
- (Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.
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Latest Action: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Dan Chilton Staten Island, NY
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Thumbs DownNote to developers: Formatting comments would be nice ...
Posted on July 5th, 2012
joshua Cincinnati, OH
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Thumbs DownDan--We are working on this. Thanks for the note!
Posted on July 9th, 2012
Dan Chilton Staten Island, NY
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Thumbs DownHere's a partial assessment. The legislation relaxes regulation of two types of hydropower: 1: Classic dam hydropower, and projects storing or diverting power for the purpose of creating electricity 2: Conduits, which are designed for other purposes, but whose flow & pressure have potential for electrical generation and creates a feasibility study for closed loop pumping systems and non-powered dams to investigate the potential for re-regulation. ----- The 1st regulatory change refers to the size of hydropower exempt from regulation, by 'PURPA' Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ‘5,000’ and inserting ‘10,000’. Here: http://www.gpo.gov/fdsys/pkg/USCODE-2010-title16/html/USCODE-2010-title16-chap47.htm The relevant passage text here: "§2705. Simplified and expeditious licensing procedures (a) Establishment of program The Commission shall establish, in such manner as the Commission deems appropriate, consistent with the applicable provisions of law, a program to use simple and expeditious licensing procedures under the Federal Power Act [16 U.S.C. 791a et seq.] for small hydroelectric power projects in connection with existing dams. (b) Prerequisites Before issuing any license under the Federal Power Act [16 U.S.C. 791a et seq.] for the construction or operation of any small hydroelectric power project the Commission— (1) shall assess the safety of existing structures in any proposed project (including possible consequences associated with failure of such structures), and (2) shall provide an opportunity for consultation with the Council on Environmental Quality and the Environmental Protection Agency with respect to the environmental effects of such project. Nothing in this subsection exempts any such project from any requirement applicable to any such project under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], the Endangered Species Act [16 U.S.C. 1531 et seq.], or any other provision of Federal law. (c) Fish and wildlife facilities The Commission shall encourage applicants for licenses for small hydroelectric power projects to make use of public funds and other assistance for the design and construction of fish and wildlife facilities which may be required in connection with any development of such project. (d) Exemptions from licensing requirements in certain cases The Commission may in its discretion (by rule or order) grant an exemption in whole or in part from the requirements (including the licensing requirements) of part I of the Federal Power Act [16 U.S.C. 791a et seq.] to small hydroelectric power projects having a proposed installed capacity of 5,000 kilowatts or less, on a case-by-case basis or on the basis of classes or categories of projects, subject to the same limitations (to ensure protection for fish and wildlife as well as other environmental concerns) as those which are set forth in subsections (c) and (d) of section 30 of the Federal Power Act [16 U.S.C. 823a (c) and (d)] with respect to determinations made and exemptions granted under subsection (a) of such section 30 [16 U.S.C. 823a(a)]; and subsections (c) and (d) of such section 30 shall apply with respect to actions taken and exemptions granted under this subsection. Except as specifically provided in this subsection, the granting of an exemption to a project under this subsection shall in no case have the effect of waiving or limiting the application (to such project) of the second sentence of subsection (b) of this section." Subsection B requires a review of environmental impact.
Posted on July 5th, 2012
gerald Monroe, MI
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Thumbs DownH.R. 5892, Hydropower Regulatory Efficiency Act of 2012 http://www.cbo.gov/publication/43365
Posted on July 5th, 2012
Dan Chilton Staten Island, NY
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Thumbs Downthanks. I like govtrack for its good formatting, dearch capability and current status of bills: http://www.govtrack.us/congress/bills/112/hr5892/text :)
Posted on July 5th, 2012
Jennifer Slattery Buffalo, NY
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Thumbs DownSounds like a good idea: "(4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and (5) according to one study, by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs over the next 13 years." Create jobs, clean renewable energy, and modernize already existing dams (probably catching any damage, and repair needs in the process). http://www.govtrack.us/congress/bills/112/hr5892/text
Posted on July 5th, 2012