Providing for the Operations of the Federal Columbia River Power System

Floor Speech

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Mr. GOSAR. Mr. Speaker, I rise in support of the bill offered by Congresswoman McMorris Rodgers.

This is a great piece of legislation that supports smart hydroelectric operation, a stable and integrated energy grid, and above all, reinforces that the United States Congress has a vested interest in ensuring it, Congress, rather than the judiciary, promulgates Federal policy.

H.R. 3144 keeps in place the operational plan, developed by consensus through multiple agency processes and based in the best available science, for four dams in Washington State which have wrongfully come under siege recently due to an arbitrary court order by a judge in Oregon.

In general, continuing to lean on hydropower as a long-term component of our Nation's electrical grid is an absolute no-brainer. Hydropower is a clean source of energy, and its reliability and cost effectiveness are just a few of the reasons it enjoys the stature it has today.

It needs to maintain that stature, including the requirement of careful science-based policy crafting when changes to hydroelectric policy are in question if we are to guarantee a reliable energy future for our country.

But if overzealous special interest groups have their way, we would immediately begin deconstructing and destroying all our dams across the country. To their mindset, dams are not natural parts of the landscape and, therefore, represent a most serious threat to the planet. To them, changes to the natural landscape are anathema, despite the fact that the only real constant on our planet and in the environment is change itself.

The judges's order in this case in question is, unfortunately, in keeping with this very same mindset. This is not a stretch to say because he, in fact, fails to rely on the only available and complete science that informed past decisions concerning the Federal Columbia River Power System.

These past decisions, keep in mind, included the Obama administration's green-lighting of the current operation plan in 2014 that the judge seeks to overturn with his spill order.

What the judge did in this case was to take it upon himself to depart from agency consensus based on sound science and ordered changes to the operation plan of the power system just because he wanted to.

He ordered this major policy change first, which will cost electricity customers in the region $40 million annually, by the way, and pegged future changes to the outcome of a NEPA review which is just getting underway.

But the only grounds for so radical a policy change would be if the NEPA review in question called for those changes when it is finally finished. The judge doesn't know what the outcome of the NEPA review will be, obviously, because it is still being conducted.

He made his decision without basis, and now the country is supposed to pay for it. Some of my colleagues on the other side of the aisle constantly rail about how they oppose bills and proposals and prevent the National Environmental Policy Act review process from being carried out.

H.R. 3144 also allows continuation of a court-ordered national NEPA review process. If my colleagues practice what they preach, then they would support this bill as it allows the NEPA review process to be carried out. Congress has an obligation to remind everyone involved that we are the constitutionally authorized policymakers and that we choose to make policy and require agency decisionmaking on the basis of sound science.

This bill will keep the current operation plan in place until 2022, unless the NEPA process review finishes first, at which point the NEPA- supported plan would commence. This bill abides by the proper statutory NEPA process, even though the judge's order fails to do that.

As stated by the Public Power Council, H.R. 3144 allows a court- ordered NEPA process to continue without avoiding a costly and potentially harmful spill experiment. The fear is that without this legislation, a spill regime will be put in place that increases regional power costs while providing no apparent benefit to the fish it purports to help.

What is perhaps most crucial to keep in mind during this whole debate is the broader significance of this bill to any Member who has a major public works infrastructure operating in their district. Without this bill, it is possible that this judge's terrible precedent could stand. At that point, nothing stands in the way of an activist judge across the country waking up one day and deciding to put a halt to a whole slew of public works infrastructures which makes this country tick.

H.R. 3144 is absolutely necessary to establish congressional intent. Sound process must win the day over the capriciousness of any given activist judge or his political leanings.

Mr. Speaker, I include in the Record letters of support from the local public utility districts on behalf of H.R. 3144. Pend Oreille County Public Utility District, Newport, WA, April 24, 2018. Hon. Cathy McMorris-Rodgers, Hon. Dan Newhouse, House of Representatives, Washington, DC.

Dear Representatives McMorris-Rodgers and Newhouse: On behalf of the Public Utility District No. 1 of Pend Oreille County we greatly appreciate the support you have shown for hydropower and, more specifically, the Federal Columbia River Power System (FCRPS) with the recent introduction of H.R. 3144. This bill supports the hydro system and the many benefits it brings to the region through renewable, reliable and affordable power.

Despite the success of the current FCRPS Biological Opinion (BiOp), the plan has been rejected with a ruling that all options need to be reviewed including breaching or removing one or more of the four Snake River dams.

Your bill provides relief to the endless litigation of federal hydro system operations by directing the federal agencies to implement the current BiOp as adopted in 2014. The current BiOp is based on the best available science, has been vetted by stakeholders and was formally approved by the Obama administration. Implementation of the BiOp has successfully increased salmon runs due to operational requirements within, and the installation of new fish passage technologies.

The Bonneville Power Administration has spent over $15 billion on infrastructure and fish mitigation projects since 1978. These improvements and mitigation measures are paid for by our customers through their electric bills. Their bills are already higher by at least 15 percent for fish mitigation programs. The ``spill test'' ordered by the judge will be an additional cost that will result in higher electric bills for Northwest families and businesses and likely to be more detrimental to the fish runs than helpful. Your legislation will bring an end to the wasteful activities.

This is particularly important for Pend Oreille PUD as our largest industrial customer Ponderay Newsprint is a large consumer of BPA power for its operations. The unnecessary spending and additional mitigation costs continue to put jobs at stake in our rural communities.

We appreciate your leadership on this issue with the introduction of H.R. 3144 and urge other legislators to follow your lead. Sincerely, F. Colin Willenbrock, General Manager. ____ Wahkiakum PUD, Cathlamet, WA, April 23, 2018. Hon. Dan Newhouse, House of Representatives, Washington, DC.

Dear Representative Newhouse: On behalf of the Public Utility District No. 1 of Wahkiakum County we greatly appreciate the support you have shown for hydropower and, more specifically, the Federal Columbia River Power System (FCRPS) with the recent introduction of H.R. 3144. This bill supports the hydro system and the many benefits it brings to the region through renewable, reliable and affordable power.

Despite the success of the current FCRPS Biological Opinion (BiOp), Judge Simon, U.S. Western District, Court of Oregon, rejected the plan and ruled all options need to be reviewed including breaching or removing one or more of the four Snake River dams.

Your bill provides relief to the endless litigation of federal hydro system operations by directing the federal agencies to implement the current BiOp as adopted in 2014. The current BiOp is based on the best available science, has been vetted by stakeholders and was formally approved by the Obama administration. Implementation of the BiOp has successfully increased salmon runs due to operational requirements within, and the installation of new fish passage technologies.

The Bonneville Power Administration has spent over $15 billion on infrastructure and fish mitigation projects since 1978. These improvements and mitigation measures are paid for by our customers through their electric bills. Their bills are already higher by at least 15 percent for fish mitigation programs. The ``spill test'' ordered by the judge will be an additional cost that will result in higher electric bills for Northwest families and businesses and likely to be more detrimental to the fish runs than helpful. Your legislation will bring an end to the wasteful activities.

We appreciate your leadership on this issue with the introduction of H.R. 3144 and urge other legislators to follow your lead. Sincerely, David R. Tramblie, General Manager. ____ Douglas County Public Utility District, East Wenatchee, WA, April 24, 2018. Hon. Dan Newhouse, House of Representatives, Washington, DC.

Dear Representative Newhouse: On behalf of Douglas County PUD we greatly appreciate the support you have shown for hydropower and, more specifically, the Federal Columbia River Power System (FCRPS) with the recent introduction of H.R. 3144. This bill supports the hydro system and the many benefits it brings to the region through renewable, reliable and affordable power.

Despite the success of the current FCRPS Biological Opinion (BiOp), Judge Simon, U.S. Western District, Court of Oregon, rejected the plan and ruled all options need to be reviewed including breaching or removing one or more of the four Snake River dams.

Your bill provides relief to the endless litigation of federal hydro system operations by directing the federal agencies to implement the current BiOp as adopted in 2014. The current BiOp is based on the best available science, has been vetted by stakeholders and was formally approved by the Obama administration. Implementation of the BiOp has successfully increased salmon runs due to operational requirements within, and the installation of new fish passage technologies.

The Bonneville Power Administration has spent over $15 billion on infrastructure and fish mitigation projects since 1978. These improvements and mitigation measures are paid for by our customers through their electric bills. Their bills are already higher by at least 15 percent for fish mitigation programs. The ``spill test'' ordered by the judge will be an additional cost that will result in higher electric bills for Northwest families and businesses and likely to be more detrimental to the fish runs than helpful. Your legislation will bring an end to the wasteful activities.

We appreciate your leadership on this issue with the introduction of H.R. 3144 and urge other legislators to follow your lead. Sincerely, Gary R. Ivory, General Manager. ____

Representative Newhouse: I wanted to reiterate to you one more time how important the bill you co-sponsored, H.R. 3144, is to Franklin PUD and our customers. We hope the bill gains positive traction this week and advances to the House Floor.

Your bill provides relief to the endless litigation of federal hydro system operations by directing the federal agencies to implement the current BiOp as adopted in 2014. The current BiOp is based on the best available science, has been vetted by stakeholders and was formally approved by the Obama administration. Implementation of the BiOp has successfully increased salmon runs due to operational requirements within, and the installation of new fish passage technologies.

The Bonneville Power Administration has spent over $15 billion on infrastructure and fish mitigation projects since 1978. These improvements and mitigation measures are paid for by our customers through their electric bills. For Franklin PUD customers, their bills are already higher by at least 15- 18 percent for fish mitigation programs. The ``spill test'' ordered by the judge will be an additional cost that will result in higher electric bills for Northwest families, businesses, and Franklin PUD customers, and is likely to be more detrimental to the fish runs than helpful. Your legislation will bring an end to the wasteful activities.

We appreciate your leadership on this issue with the introduction of H.R. 3144 and urge other legislators to follow your lead. Thanks again for coming to the Tri-Cities this month to hear our customers issues regarding ag, irrigation and fish, that are all impacted by the continuance of this spill that is not required. Debbie Bone-Harris, Sr. Manager, Public Affairs, Franklin PUD. ____ Resolution No. 8860 A RESOLUTION SUPPORTING H.R. 3144 FEDERAL LEGISLATION ADDRESSING COLUMBIA RIVER POWER SYSTEM BIOLOGICAL OPINION Recitals

1. The state of Washington is the leading U.S. producer of hydropower, routinely contributing more than one-fourth of the nation's total net hydroelectric generation;

2. Hydropower accounts for between two-thirds and four- fifths of Washington's electricity generation, providing renewable and inexpensive electricity to the region's farms, homes, businesses, schools and industries;

3. The Bonneville Power Administration (BPA), U.S. Army Corps of Engineers and the Bureau of Reclamation are responsible for the management of the Federal Columbia River Power System (FCRPS) in compliance with the Biological Opinion (BiOp) approved by NOAA Fisheries in 2008/2010 and supplemented in 2014;

4. The FCRPS BiOp has helped to improve fish runs, including 97% of young salmon successfully making it past the federal dams, demonstrating that both renewable hydropower and fish can coexist;

5. Despite the success of the current FCRPS BiOp, in March 2017, the United States Court for the District of Oregon directed the federal agencies to undertake a comprehensive review of hydro operations under the National Environmental Policy Act (NEPA) and strongly urged the federal agencies to include analysis of the removal, bypass or breaching one of more of the four lower Snake River hydropower dams;

6. Bipartisan legislation, H.R. 3144, provides a creative solution to the endless litigation over federal hydro system operations by directing the federal agencies to implement the current federal salmon plan, known as the 2014 Supplemental BiOp. That plan:

a. Was vetted and supported by the Obama Administration's top scientists;

b. Has resulted in improved young salmon survival at the federal dams due to changes in operations and the installation of new fish passage technologies;

c. Restored thousands of acres of habitat in rivers, the estuary and floodplains for salmon spawning and rearing; and

d. Would allow federal hydropower operations to continue through September 30, 2022 or until the court-ordered, comprehensive environmental NEPA process concludes, a new BiOp is in place and judicial review is complete.

7. Without the legislation, the federal agencies would be compelled to author a new 2018 BiOp without the benefit of the new science and public input provided by the comprehensive NEPA review; and

8. H.R. 3144 was introduced by Rep. Cathy McMorris Rodgers (R-WA) and co-sponsored by Rep. Dan Newhouse (R-WA), Rep. Jaime Herrera Beutler (R-WA), Rep. Kurt Schrader (D-OR) and Rep. Greg Walden (R-OR).

Now therefore, be it resolved by the Commission of Public Utility District No. 2 of Grant County, Washington, that Grant PUP supports H.R. 3144, and applauds the co-sponsors of this bipartisan legislation as it:

Offers a creative solution that is good for both salmon, renewable hydropower and the economy of the Northwest.

Provides relief in the endless litigation of the federal hydro system.

Provides time for the federal agencies to complete the court-ordered NEPA environmental review process.

Avoids experiments, modifications or spill tests at the eight federal Columbia and Snake River dams, which could have the potential to unnecessarily restrict renewable electric generation, create uncertainties in BPAss power costs and supply, and raise Northwest customers' electric rates.

Passed and approved by the Commission of Public Utility District No. 2 of Grant County, Washington this 24 day of October 2017. ____ Resolution of the Benton REA Board of Trustees SUPPORTING H.R. 3144 FEDERAL LEGISLATION ADDRESSING THE FEDERAL COLUMBIA RIVER POWER SYSTEM BIOLOGICAL OPINION

Whereas, Members of Benton Rural Electric Association receive 86 percent of their electricity from the Federal Columbia River Power System (FCRPS); and

Whereas, Hydropower provides 70 percent of Washington state's clean affordable and reliable electricity and 60 percent of the Pacific Northwest's electricity with the majority of the power produced by the FCRPS; and

Whereas, Hydroelectric dams also provide many benefits to the region, including flood control, navigation, irrigation, and recreation: and

Whereas, Federal legislation requires the federal agencies responsible for the management of the FCRPS to operate the hydro system in compliance with the Biological Opinion (BiOp) approved by National Oceanic and Atmospheric Administration (NOAA) Fisheries in 2008/2010 and supplemented in 2014, and

Whereas, This BiOp was vetted and supported by the previous presidential administrations' top scientists and has resulted in wild salmon numbers trending significantly upward due to changes in operations and the installation of new passage technologies, and

Whereas, The FCRPS BiOp has successfully improved fish runs including 97% of young salmon successfully making it past the dams proving that both dams and fish can coexist; and

Whereas, Bonneville Power Administration (BPA) has spent $15.28 billion in total spending on infrastructure and fish mitigation projects since 1978; and

Whereas, Despite the success of the current FCRPS BiOp, in March 2017, the United States District Court for the District of Oregon directed the federal agencies to undertake a comprehensive review of hydro operations under the National Environmental Policy Act (NEPA) and strongly urged the federal agencies to include analysis of the removal, bypass or breaching one or more of the four lower Snake River dams; and

Whereas, H.R. 3144, ``To provide for operations of the Federal Columbia River Power System pursuant to a certain operation plan for a specified period of time'', was introduced in the United States House of Representatives, and

Whereas, The federal legislation would continue federal hydro operations through September 30, 2022 or until the court-ordered, comprehensive environmental NEPA process concludes, a new BiOp is in place, and judicial review is complete, and

Whereas, The federal legislation would prohibit studies, plans or structural modifications at the dams which would impair hydroelectric power generation or navigation on the Columbia River; and

Whereas, The federal legislation offers a creative solution that is good for both listed salmon and the economy of the communities served by Benton Rural Electric Association, and provides relief in the endless litigation of federal hydro system operations by directing the federal agencies to implement the current federal salmon plan, known as the 2014 Supplemental BiOp; and

Whereas, The federal legislation provides time for the federal agencies to complete the court-ordered NEPA environmental review process analyzing federal hydro system operations and focuses the general agencies limited resources on getting that process right.

Whereas, without the legislation, the agencies would be compelled to author a new 2018 BiOp without the benefit of the new science and public input provided by the comprehensive NEPA review, and avoids experiments or spill tests at the eight Columbia and Snake dams, and studies and modifications at the dams which would restrict electrical generation, which would create uncertainties in BPA's power costs and supply and raise Northwest electric customers' rates.

Now, therefore be it resolved that the Board of Trustees of Benton Rural Electric Association supports the passage of H.R. 3144 this July 26, 2017. Washington Public Utility Districts Association, Olympia, WA. Hon. Dan Newhouse, House of Representatives, Washington, DC.

Dear Representative Newhouse: On behalf of the Washington PUD Association we greatly appreciate the support you have shown for hydropower and, more specifically, the Federal Columbia River Power System (FCRPS) with the recent introduction of--H.R. 3144. This bill supports the hydro system and the many benefits it brings to the region through renewable, reliable and affordable power.

Despite the success of the current FCRPS Biological Opinion (BiOp), Judge Simon, U.S. Western District, Court of Oregon, rejected the plan and ruled all options need to be reviewed including breaching or removing one or more of the four Snake River dams.

Your bill provides relief to the endless litigation of federal hydro system operations by directing the federal agencies to implement the current BiOp as adopted in 2014. The current BiOp is based on the best available science, has been vetted by stakeholders and was formally approved by the Obama administration. Implementation of the BiOp has successfully increased salmon runs due to operational requirements within, and the installation of new fish passage technologies.

The Bonneville Power Administration has spent over $15 billion on infrastructure and fish mitigation projects since 1978. These improvements and mitigation measures are paid for by our customers through their electric bills. Their bills are already higher by at least 15 percent for fish mitigation programs. The ``spill test'' ordered by the judge will be an additional cost that will result in higher electric bills for Northwest families and businesses and likely to be more detrimental to the fish runs than helpful. Your legislation will bring an end to the wasteful activities.

We appreciate your leadership on this issue with the introduction of H.R. 3144 and urge other legislators to follow your lead. Sincerely, George Caan, Executive Director.

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