H.R. 9563 — Introduced in House

I 117th CONGRESS 2d Session H. R. 9563 IN THE HOUSE OF REPRESENTATIVES December 14, 2022Mr. Stewart introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Administrator of the Western Area Power Administration to provide its firm electric service customers with credits from shortfalls in generation from certain Bureau of Reclamation hydroelectric facilities, and for other purposes. 1. Hydropower drought mitigation (a) Notification of power available Not later than 30 days after the date of the enactment of this section, the Administrator shall notify existing firm electric service customers of certain Bureau of Reclamation Projects of the amount of energy expected to be available for delivery during the 12-month period after such notification, based on the Bureau of Reclamation’s most recent 24-month study that is issued each month, from the following: (1) Salt Lake City Area Integrated Projects. (2) The Boulder Canyon Project. (3) The Parker-Davis Project. (b) Pro rata reduction (1) Salt lake city area integrated projects If the annual amount of energy from the Salt Lake City Area Integrated Projects is expected to be less than 4,900,000 MWh, the Administrator shall apply a pro rata credit from the general fund of the Treasury for each firm electric service customer of the Salt Lake City Area Integrated Projects on each monthly invoice for firm electric service until such time as the energy production returns to levels equal to or greater than 4,900,000 MWh. (2) Boulder canyon project If the annual amount of energy from the Boulder Canyon Project is expected to be less than 3,600,000 MWh, the Administrator shall apply a pro rata credit from the general fund of the Treasury for each firm electric service customer of the Boulder Canyon Project on each monthly invoice for firm electric service until such time as the energy production returns to levels equal to or greater than 3,600,000 MWh. (3) Parker-davis project If the annual amount of energy from the Parker-Davis Project is expected to be less than 1,400,000 MWh, the Administrator shall apply a pro rata credit from the general fund of the Treasury for each firm electric service customer of the Parker-Davis Project on each monthly invoice for firm electric service until such time as the energy production returns to levels equal to or greater than 1,400,000 MWh. (c) Credit composition (1) In general For purposes of calculating a pro rata credit required under subsection (b), the Administrator shall— (A) determine costs for each Project set forth in invoices for firm electric service; (B) calculate a credit based on levels set forth under subsection (b) as compared to the available energy anticipated in the notice set forth under subsection (a); and (C) apply such credit to each firm electric service customer’s monthly firm electric service invoice total to reflect decreased hydropower output. (2) Other obligations Nothing in this subsection shall preempt obligations of the Administrator to set rates to recover such costs unrelated to hydropower production as may be required by law. (d) Costs nonreimbursable Any costs incurred by the United States in carrying out the requirements of this section shall be nonreimbursable and nonreturnable to the United States. (e) No retroactive rates Notwithstanding any other provision of law, the Administrator shall not recover credits provided pursuant to this section in future rates. (f) Effect Nothing in this section shall— (1) alter or affect any water rights held by— (A) the United States; (B) any Indian Tribe, band, or community; (C) any State or political subdivision of a State; or (D) any person; (2) be construed or interpreted as authorizing the Secretary of the Interior to change or otherwise modify existing operations at Bureau of Reclamation facilities in the Colorado River basin; or (3) be construed or interpreted to authorize a change in the existing terms of the Second Memorandum of Agreement Concerning the Upper Colorado River Basin Fund. (g) Administrator defined In this section, the term Administrator means the Administrator of the Western Area Power Administration. (h) Termination All authorities provided under this section shall terminate on December 31, 2026.