HOUSE BILL REPORT

HB 1026

BYRepresentatives Todd, Jacobsen and Nelson

Authorizing a new hydroelectric development study.

House Committe on Energy & Utilities

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Nelson, Chair; Todd, Vice Chair; Barnes, Brooks, Gallagher, Hankins, Jacobsen, Jesernig, May, Miller, Sutherland, Unsoeld and S. Wilson.

House Staff:Fred Adair (786-7113) and Ted Hunter (786-7114)

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES MARCH 4, 1987

BACKGROUND:

The Electric Consumers Protection Act (ECPA) was enacted by Congress in October of 1986.  ECPA amended the Federal Power Act provisions on hydroelectric licensing in a number of ways including removing the municipal preference for relicensing and establishing new criteria and procedures for original license applications.  ECPA requires the Federal Energy Regulatory Commission (FERC) to take into account in the licensing and relicensing processes a state comprehensive plan where one exists. FERC has determined that only those plans which are adopted pursuant to a specific act of the state legislature and developed, implemented, and managed by an appropriate state agency will qualify for consideration as a comprehensive plan. See Fieldcrest Mills, Inc., 37 FERC 61,264 (1986).  It is uncertain whether the State of Washington has a plan which would qualify under FERC guidelines.  If it does not, state input in the FERC licensing and relicensing process will be less effective.

SUMMARY:

SUBSTITUTE BILL:  The sum of $40,000 is appropriated to the Washington State Institute for Public Policy to conduct a study and submit recommendations to the appropriate legislative standing committees regarding how a state comprehensive plan might best be developed to facilitate state participation in the Federal Energy Regulatory Commission (FERC) hydroelectric licensing and relicensing processes.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Clarification of agencies involved.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mike Reed and Steve Starling, State Parks and Recreation Commission; Ken Bruya, Department of Fisheries (was not for or against; appeared to seek some changes); Doug North, Friends of Whitewater; Michael Rossotto, Friends of the Earth; Ed McGuire, State Energy Office (was not for or against; appeared to provide information).

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This is needed for coordinated, effective, and intelligent development of our hydroelectric resources, taking into consideration all relevant factors.  This study will lead to enabling the state to have a stronger and clearer voice before the Federal Energy Regulatory Commission in hydroelectric licensing cases.

House Committee - Testimony Against:      None Presented.