What This Bill Does
This bill tells three federal agencies (the Department of the Interior, the Department of Energy, and the Department of the Army) how to operate the Federal Columbia River Power System. The agencies must follow an operation plan from a document dated September 2020. The bill also prevents changes to how the system generates electricity unless Congress passes a new law specifically allowing those changes.
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Who It Affects
The three federal agencies that manage the Federal Columbia River Power System (the Department of the Interior, Department of Energy, and Department of the Army) are directly required to follow this law.
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Key Provisions
* The three agencies must operate the Federal Columbia River Power System according to a September 2020 operation plan called the "Supplemental Opinion" (Sec. 3)
* All three agencies can only change the operation plan if they each decide the change is needed for public safety, electricity grid reliability, or because current requirements are no longer necessary (Sec. 4)
* No changes that reduce electricity generation at Columbia River dams or limit shipping on the Snake River can happen unless a future federal law specifically allows them (Sec. 5)
* The agencies can still perform regular maintenance and repairs on the system facilities (Sec. 5)
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What Changes
The agencies lose the ability to change how they operate the Columbia River system unless all three agencies agree a change is necessary for safety or grid reliability. Any attempt to reduce electricity generation or limit river navigation must be approved by Congress through a new law.
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Important Definitions
* FCRPS: The portions of the Federal Columbia River Power System covered by the September 2020 operation plan (Sec. 2)
* Secretaries: The three heads of federal agencies managing the system (Sec. 2)
* Supplemental Opinion: A September 2020 document titled "Columbia River System Operations Environmental Impact Statement Record of Decision" (Sec. 2)
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 966
To provide for operations of the Federal Columbia River Power System
pursuant to a certain operation plan for a specified period of time,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 23, 2023
Mr. RISCH (for himself and Mr. DAINES) introduced the following bill; which
was read twice and referred to the Committee on Environment and Public
Works
A BILL
To provide for operations of the Federal Columbia River
Power System pursuant to a certain operation plan for
a specified period of time, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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The Act may be cited as the ‘‘Northwest Energy Se-
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curity Act’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) FCRPS.—The term ‘‘FCRPS’’ means those
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portions of the Federal Columbia River Power Sys-
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•S 966 IS
tem that are the subject of the Supplemental Opin-
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ion.
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(2) SECRETARIES.—The term ‘‘Secretaries’’
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means—
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(A) the Secretary of the Interior, acting
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through the Commissioner of Reclamation;
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(B) the Secretary of Energy, acting
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through the Administrator of the Bonneville
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Power Administration; and
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(C) the Secretary of the Army, acting
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through the Chief of Engineers.
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(3) SUPPLEMENTAL OPINION.—The term ‘‘Sup-
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plemental Opinion’’ means the document entitled
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‘‘Columbia River System Operations Environmental
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Impact Statement Record of Decision’’ and dated
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September 2020.
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SEC. 3. OPERATION OF FCRPS.
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The Secretaries shall operate the FCRPS in a man-
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ner consistent with the reasonable and prudent alternative
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described in the Supplemental Opinion.
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SEC. 4. AMENDMENTS TO SUPPLEMENTAL OPINION.
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(a) IN GENERAL.—Notwithstanding section 3, the
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Secretaries may amend portions of the Supplemental
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Opinion and operate the FCRPS in accordance with those
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amendments if all of the Secretaries determine, in the sole
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discretion of each Secretary, that—
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(1) the amendment is necessary for public safe-
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ty or transmission and grid reliability; or
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(2) the actions, operations, or other require-
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ments that the amendment would remove are no
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longer warranted.
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(b) RESTRICTION ON AMENDMENTS.—The process
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described in subsection (a) shall be the only method by
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which the Secretaries may operate the FCRPS in any way
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that is not consistent with the reasonable and prudent al-
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ternative set forth in the Supplemental Opinion.
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SEC. 5. LIMITATION ON RESTRICTING FCRPS ELECTRICAL
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GENERATION; CLARIFICATION.
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(a) RESTRICTING FCRPS ELECTRICAL GENERA-
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TION.—No structural modification, action, study, or engi-
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neering plan that restricts electrical generation at any
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FCRPS hydroelectric dam, or that limits navigation on
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the Snake River in the State of Washington, Oregon, or
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Idaho, shall proceed unless such proposal is specifically
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and expressly authorized by a Federal statute enacted
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after the date of the enactment of this Act.
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(b) CLARIFICATION.—Nothing in this section affects
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or interferes with the authority of the Secretaries to con-
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duct operation and maintenance activities or make capital
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improvements necessary to meet authorized project pur-
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poses of FCRPS facilities.
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Æ
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