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COMMITTEE ON ENERGY AND NATURAL RESOURCES

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JAMES A. McCLURE, Idaho, Chairman MARK O. HATFIELD, Oregon

HENRY M. JACKSON, Washington LOWELL P. WEICKER, JR., Connecticut J. BENNETT JOHNSTON, Louisiana PETE V. DOMENICI, New Mexico

DALE BUMPERS, Arkansas MALCOLM WALLOP, Wyoming

WENDELL H. FORD, Kentucky JOHN W. WARNER, Virginia

HOWARD M. METZENBAUM, Ohio GORDON J. HUMPHREY, New Hampshire SPARK M. MATSUNAGA, Hawaii FRANK H. MURKOWSKI, Alaska

JOHN MELCHER, Montana DON NICKLES, Oklahoma

PAUL E. TSONGAS, Massachusetts JOHN P. EAST, North Carolina

BILL BRADLEY, New Jersey JOHN HEINZ, Pennsylvania

MICHAEL D. HATHAWAY, Staff Director

CHARLES A. TRABANDT, Chief Counsel
D. MICHAEL HARVEY, Chief Counsel for the Minority

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STATEMENTS

Andrews, Hon. Mark, a U.S. Senator from the State of North Dakota ......

19, 24

Ashcroft, John, attorney general, State of Missouri; accompanied by Steve

Krshma, assistant attorney general.

180, 183

Bagge, Carl E., chairman, Alliance for Coal and Competitive Transportation,

Washington, D.C.......

245, 247

Baucus, Hon. Max, a U.S. Senator from the State of Montana..

109
Bauer, Hon. Donald L., Acting Deputy Assistant Secretary for Fossil Energy,
Department of Energy, accompanied by Mario Cardulo, Office of Fossil
Energy, Department of Energy.

89, 90
Berg, George L., Jr., assistant

director, national affairs division, American
Farm Bureau Federation, Washington, D.C.

729, 731

Briggs, Richard E., executive vice president, American Association of Rail-

roads, Washington, D.C., on behalf of William H. Dempsey, president,

American Association of Railroads...

487

Brown, Philip S., vice president, corporate affairs, Kansas City Southern

Railway Co., Kansas City, Mo. accompanied by Jon T. Brown and Thomas

E. Dewey, Jr.

523, 526

Burdick, Hon. Quentin N., a U.S. Senator from the State of North Dakota........ 37

Carruthers, Hon. Garrey, Assistant Secretary, Land and Water Resources,

Department of the Interior, accompanied by David Luken, Special Assistant

to the Assistant Secretary for Energy and Minerals, Department of

the Interior .....

82, 83

Clements, Hon. William P., Jr., Governor, State of Texas....

52

Cockrell, Lila, trustee, City Public Service Board, San Antonio, Tex.. 306, 308

DeHague, George R., railroad coordinator, International Association of Ma-

chinists & Aerospace Workers, Washington, D.C...

704, 706

Dempsey, William H., president, Association of American Railroads..

491
Dewey, Thomas E., Jr., president, Thomas E. Dewey Jr. Co., Inc......

693
Georgine, Robert A., president, building and construction trade department,
AFL CÍO, Washington, D.C., as presented by Dan Mundy ....

282, 285
Goldwater, Hon. Barry, a U.S. Senator from the State of Arizona.

15
Gray, Charles D., assistant general counsel, National Association of Regula-
tory Utility Commissioners, Washington, D.C..........

472, 474
Herschler, Hon. Ed, Governor, State of Wyoming.

49
Johnston, Hon. J. Bennett, a U.S. Senator from the State of Louisiana ...... 12, 13
Kogovsek, Hon. Ray, a U.S. Representative from the State of Colorado.

33
Madigan, Hon. Edward R., a U.S. Representative from the State of Illinois.... 72
Mahoney, William G., on behalf of James R. Snyder, chairman, Legislative
Committee, Railway Labor Executives Association, Washington, B.C., ac-
companied by Donald S. Beattie, director, governmental affairs.

......

514

Page Marriott, Hon. Dan, a U.S. Representative from the State of Utah.....

75 McClure, Hon. James A., a U.S. Senator from the State of Idaho...

1, 3 McCormick, John L., Environmental Policy Center, Washington, D.C.......... 732, 734 McDonald, Marshall, chairman of the board and chief executive officer, Florida Power & Light Co., Miami, Fla ..........

276, 278 Miller, Jim, assistant legislative director, the National Grange.

713, 716 Miller, Thomas J., attorney general, State of Iowa......

209 Radin, Alex, executive director, American Public Power Association, Washington, D.C.....

292, 294 Samples, R. E., chairman and chief executive officer, Consolidation Coal Co., Pittsburgh, Pa...

252, 254 Sarcone, John P., assistant attorney general, Environmental Protection Division, State of Iowa......

207 Stangeland, Hon. Arlan, à U.S. Representative from the State of Minnesota 77 Synder, James R., chairman, Legislative Committee, Railway Labor Executives' Association.

516 Udall, Hon. Morris K., a U.S. Representative from the State of Arizona

57 Wallop, Hon. Malcolm, a U.S. Senator from the State of Wyoming..

46 Weaver, Hon. Jim, a U.S. Representative from the State of Oregon

35 Williams, Hon. Pat, a U.S. Representative from the State of Montana

176 Winger, G. Leo, chairman, Railway Progress Institute, Alexandria, Va.; ac

companied by Robert A. Matthews, president, Railway Progress Institute.. 696, 699 Witten, Wesley M., president, ETSI Pipeline Project, San Francisco, Calif... 321, 325 Workman, Ross, vice president, Continental Resources Co., Winter Park, Fla.,

and chairman, Slurry Transport Association, Washington, D.C......... 340, 343

TUESDAY, JUNE 8, 1982

STATEMENTS Abdnor, Hon. James, a U.S. Senator from the State of Nebraska. 767, 769 Coleman, Hon. E. Thomas, a U.S. Representative from the State of Missouri..

885, 888 Craig, Hon. Larry E., a U.S. Representative from the State of Idaho............ 912, 917 Clyde, Edward W., counsel, Clyde, Pratt, Gibbs & Cahoon.

1045, 1049 Danforth, Hon. John C., a U.S. Senator from the State of Missouri

753 Edgar, Hon. Robert W., a U.S. Representative from the State of Penn. sylvania

896, 898 Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah

912 Janklow, Hon. William J., Governor, State of South Dakota

813 McClure, Hon. James A., a U.S. Senator from the State of Idaho.

752 Neufeld, Warren R., secretary of water and natural resources, State of South Dakota

791, 796 Spano, A. J., member of the House of Representatives, State of Colorado ...... 993, 997 Trelea: Frank J., professor, McGeorge School of Law, University of the Pacific, Sacramento, Calif.

1001, 1005 Wallop, Hon. Malcolm, a U.S. Senator from the State of Wyoming .. ...... 745, 748 Widman, Gary L., counsel, Fulbright & Jaworski ..

1026, 1029 Zorinsky, Hon. Edward, a U.S. Senator from the State of Nebraska

763

APPENDIX Additional material submitted for the record ....

1073

COAL UTILIZATION AND DISTRIBUTION ACT OF

1981

MONDAY, MAY 10, 1982

U.S. SENATE,
COMMITTEE ON ENERGY AND NATURAL RESOURCES,

Washington, D.C. The committee met, pursuant to notice, at 10 a.m., in room 3110, Dirksen Office Building, Hon. James A. McClure, chairman, presiding.

Present: Senators McClure, Hatfield, Murkowski, Nickles, and Johnston.

Also present: Gary Ellsworth, counsel; and Linda Mason, professional staff member for the minority.

OPENING STATEMENT OF HON. JAMES A. McCLURE, A U.S.

SENATOR FROM THE STATE OF IDAHO The CHAIRMAN. Good morning. As we begin to review this legislation, I want to enunciate this Senator's initial thoughts in the spirit of cooperation and fairness for all interested members and affected parties.

Coal slurry pipelines may add an important additional dimension to this Nation's coal transportation capabilities. Any legislative initiative, however, must be assessed and scrutinized most closely and carefully in the area of Federal-State relations, which must be involved in any proposed extension of Federal powers of eminent domain.

The administration has conducted such an assessment and concluded that opposition to legislation is justified. Additionally, and perhaps even more important, such a legislative initiative must constructively, positively, and predictably address the several interrelated water law issues attendant on any extension of Federal authorities to support interstate coal slurry pipelines.

Senators from both Eastern and Western States whose waters could potentially be affected by coal slurry pipelines under Federal authority must, I repeat, must, be assured that those waters will remain fully protected, pursuant to such authorities. I am interested, for example, in maintaining the integrity of the Columbia River Basin. South Dakota has a vital interest in protecting its recently reached agreement, providing water to the ETSI pipeline.

At this point, I remain openminded on this bill, and would hope that all issues will be fully reviewed in these hearings, but I think it is important to give members of the committee my initial thoughts on this legislation.

We have quite a few distinguished colleagues with us today, as well as an impressive array of witnesses. I hope that we can provide a satisfactory forum for all sides, and that these two hearings will result in a well-balanced discussion of the viewpoints of all concerned parties.

Before proceeding to hear our colleagues, Senator Johnston, do you have a statement you'd like to make at this time?

Senator JOHNSTON. Yes, thank you. I have a written statement I'd like to put in the record and just add these comments.

[The prepared statement of Senator McClure and the text of s. 1844 follow:)

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