that the inclusion of such property as part of the project is approved or acquiesced in by the Commission; also, all riparian or other rights, the use or possession of which is necessary or appropriate in the maintenance or operation of the project. (6) Two alternative, mutually exclusive, plans of development have been proposed for development of Hells Canyon reach or Snake River and have been designated for purposes of identification as the one-dam and three-dam plans, the latter plan being proposed by Applicant. (7) The one-dam plan would include the high Hells Canyon Project to be located 247.3 miles above the mouth of Snake River and having: a concrete arch dam to develop a 602-foot head, eight 100,000-kilowatt generating units initially with provision for one additional 100,000-kilowatt generating unit, a total storage capacity of 4,400,000 acre-feet of which 3,880,000 acre-feet would be active storage, a spillway with a capacity of 300,000 cubic feet per second, and an operating head at the power plant varying from a maximum head of 602 feet to a design head of 475 feet and thence to a minimum head of 313 feet. (8) The one-dam plan with an initial power installation of 800,000 kilowatts at the high Hells Canyon Project, or the three-dam plan with an initial installation of 783,400 kilowatts, would develop economically the 602-foot head in Hells Canyon reach of Snake River, could utilize the stream flow of the Snake River conomically, and would have engineering feasibility. (9) Projects with safe and adequate structures can be constructed in the Hells Canyon reach of Snake River regardless of whether they be in the one-dam or three-dam plans of development. (10) Either plan of development hereinbefore described would provide flood control, navigation and recreational benefits in different degrees but would adversely affect fish and wildlife resources. (11) The one-dam plan of development would provide the 2,300,000 acre-feet of flood control storage the Army contemplates in the main plan whereas the three-dam plan would provide at least 1,000,000 acre-feet of flood control storage and the difference would have to be provided somewhere else. The Department of the Army has not objected to the Applicant's proposal to provide 1,000,000 acre-feet of flood control storage in lieu of the 2,300,000 acre-feet contemplated under the one-dam plan. (12) The one-dam plan of development would provide more navigation benefits than the three-dam plan would provide, but for either plan such benefits are not substantial dollar-wise when compared to power benefits. (13) The Chief of Engineers, Department of the Army, has reported that structures which may affect the interests of navigation are satisfactory. (14) There is a qualitative indication in the record that the one-dam plan would provide somewhat larger recreational benefits than would the three-dam plan, but sufficient comparative data are not available. (15) None of the developments in either plan of development of Hells Canyon reach of Snake River would directly supply water for irrigation of lands. (16) Either plan of development of the Hells Canyon reach would result in loss of, and damage to, wildlife resources but such losses could be mitigated in part if lands adjacent to proposed reservoirs were made available for wildlife development purposes. (17) Either plan of development of the Hells Canyon reach of Snake River would block the runs of anadromous fish and some type of fish facilities would have to be provided for the protection of this resource. (18) Assuming financing, construction and operation of both plans by the same entity, the ratio of power benefits to power costs of the three-dam plan is greater than that for the one-dam plan, and although the high Hells Canyon Project would produce a greater amount of power than the three-dam plan, the additional amount of power that could be produced by the high Hells Canyon Project would have a benefit-cost ratio of about one to one. Consequently the power features of the one-dam plan have no clear economic advantage over those of the threedam plan. (19) Federal construction of either plan of development proposed for the Hells Canyon reach could provide power revenues to subsidize irrigation works if such use is authorized by Congress. (20) Federal construction of either plan of development proposed for the Hells Canyon reach could make possible a more extensive development of the phosphate resource located on land of the United States in Idaho and Utah than exists today. (21) Public purposes such as flood control, navigation, recreation, and power production could be effectuated to about the same extent with private construc (44) No conflicting application is before the Commission. Public notice has been given as required by the Act. (45) The proposed developments will not use any Government navigation dam, nor will the issuance of a license therefor as hereinafter provided affect the development of any water resources for public purposes which should be undertaken by the United States. (46) The issuance of a license for the proposed developments as hereafter provided will not interfere or be inconsistent with the purposes for which the Payette, Whitman, and Wallowa National Forests were created or acquired nor with the purposes of any withdrawal of public lands. (47) The three proposed power developments should be considered as a single project. (48) The proposed project is best adapted to a comprehensive plan for improving or developing a waterway for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreation purposes. (49) The total installed horsepower capacity of the project hereinafter authorized for the purpose of computing the capacity component of the administrative annual charge is 1,208,000 horsepower. (50) The amount of annual charges to be paid under the license for the purpose of reimbursing the United States for the costs of administration of Part I of the Act. is reasonable as hereinafter fixed and specified. (51) In accordance with Section 10 (d) of the Act, the rate of return upon the net investment in the proposed project, and the proportion of surplus earnings to be paid into and held in amortization reserves, are reasonable as hereinafter specified. (52) Inasmuch as the record shows a need for revision of same, the Applicant should be required to file revised Exhibits F, K, and L as hereinafter provided. (53) The amount of reasonable annual charges for the use, occupancy, and enjoyment of lands of the United States to be occupied by the proposed project, including transmission line right-of-way, shall be hereafter fixed and specified by the Commission. (54) The following described Exhibit J drawings and Exhibit M, filed as parts of the applications for licenses for Projects Nos. 1971, 2132 and 2133, conform to the Commission's rules and regulations and should be approved as part of the license for the project: Exhibit J: (FPC No. 1971-2), Oxbow H. E. Development, General Map; (FPC No. 2133-1), Brownlee H. E. Development, General Map. Exhibit M: General description and specifications of equipment for Projects Nos. 1971, 2132 and 2133 (three exhibits). (55) It is desirable to reserve for future Commission determination the question of what transmission lines and appurtenant facilities, if any, shall be included in this license. The Commission orders: (A) This license is issued to Idaho Power Company under Section 4 (e) of the Federal Power Act for a period of fifty (50) years, effective as of the first day of the month in which the acknowledgment of acceptance hereof is filed with the Commission, for the construction, operation, and maintenance of the proposed Brownlee, Oxbow, and low Hells Canyon developments (which developments for the purposes of this license, shall be considered as units of one complete project designated in the records of the Commission as Project No. 1971), subject to the terms and conditions of the Act which is incorporated by reference as a part of this license, and subject to such rules and regulations as the Commission has issued or prescribed under the provisions of the Act. (B) This license is also subject to the terms and conditions set forth in Form L-6, December 15, 1953, entitled "Terms and Conditions of License for Unconstructed Major Project Affecting Navigable Waters and Lands of the United States," which terms and conditions are attached hereto and made a part hereof; and subject to the following special conditions set forth herein as additional articles: Article 28. The Licensee shall construct the project works as follows: (a) Commence construction of the Brownlee unit within one year of the effective date of this license, and shall thereafter in good faith and with due diligence prosecute such construction; and shall complete that unit in 36 months. tion, as with Federal construction, of the same developments in the Hells Canyon reach of Snake River. (22) There is a substantial power market in the area that could be served by projects in either plan considered for development of the Hells Canyon reach of Snake River. (23) The extent to which electro-metallurgical use would be made of electric power that would be produced by development of the Hells Canyon reach would depend, in part, on the cost of such power. (24) The general public has indicated an active interest in the plans proposed for development of the Hells Canyon reach of Snake River, and many individuals and spokesmen for groups have testified and submitted written comments thereon. (25) The Brownlee, Oxbow, and low Hells Canyon developments proposed by Applicant would utilize the head and stream flow in an economical manner. (26) Safe and adequate structures of the type proposed by Applicant can be constructed in the Hells Canyon reach of the Snake River. (27) The proposed developments could and would be operated to provide flood control storage and navigation benefits. (28) Recreational facilities and opportunities would be provided by Applicant at the Brownlee, Oxbow, and low Hells Canyon developments. (29) The estimated cost of construction, exclusive of interest during construction, of the Brownlee, Oxbow, and low Hells Canyon developments in the amount of $175,766,000 as estimated by the Commission staff appears reasonable. However, the record indicates that the Applicant may be able to construct these developments at a lower cost. (30) The peak-load requirements of the Idaho Power Company system have been increasing at an average annual rate of about 24,600 kilowatts during the 10-year period 1943 through 1952. (31) The future peak load of Applicant's system is estimated to increase at an average annual rate of about 30,350 kilowatts. (32) The total dependable capacity of 767,000 kilowatts that would be provided at the Brownlee, Oxbow, and low Hells Canyon developments would be fully utilized in the Applicant's own system by about the year 1975 and in the Northwest area about as soon as it could be developed if indicated arrangements with other systems can be firmed up. (33) The estimated annual at-market cost to the Applicant of the power output that could be produced by the proposed Brownlee, Oxbow, and low Hells Canyon developments is $27,921,000 inclusive of annual cost of fish facilities. (34) The estimated annual value to the Applicant of the power output at market that could be produced by the proposed Brownlee, Oxbow, and low Hells Canyon developments is $36,066,000. (35) The Brownlee, Oxbow, and low Hells Canyon developments as proposed by Applicant would be economically feasible as power developments. (36) The Applicant has shown ability to finance the proposed Brownlee, Oxbow and low Hells Canyon developments. (37) Applicant has investigated power sites on Snake River above the Hells Canyon reach but indications are that such power output would be more expensive than the power output from developments proposed in the Hells Canyon reach. (38) New steam-electric power stations as sources of power supply alternative to new hydroelectric developments would not be as economical. (39) The Applicant should provide such fish protective facilities as may be required by the Commission upon the recommendations of the Federal and State fishery authorities. (40) Applicant should provide means to preserve, to the extent practicable, the wildlife resources. (41) The Applicant should provide means for conducting an archeological investigation in the Hells Canyon reach of the Snake River. (42) The Applicant should coordinate the operation of its proposed Brownlee, Oxbow and low Hells Canyon developments and its power system with the Northwest Power Pool. (43) The Idaho Power Company is a corporation organized under the laws of the State of Maine and is duly authorized to do business in the States of Idaho, Oregon and Nevada, and has submitted satisfactory evidence of compliance with the requirements of all applicable State laws insofar as necessary to effect the purposes of a license for each of the developments, namely, Brownlee, Oxbow and low Hells Canyon. (44) No conflicting application is before the Commission. Public notice has been given as required by the Act. (45) The proposed developments will not use any Government navigation dam, nor will the issuance of a license therefor as hereinafter provided affect the development of any water resources for public purposes which should be undertaken by the United States. (46) The issuance of a license for the proposed developments as hereafter provided will not interfere or be inconsistent with the purposes for which the Payette, Whitman, and Wallowa National Forests were created or acquired nor with the purposes of any withdrawal of public lands. (47) The three proposed power developments should be considered as a single project. (48) The proposed project is best adapted to a comprehensive plan for improving or developing a waterway for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreation purposes. (49) The total installed horsepower capacity of the project hereinafter authorized for the purpose of computing the capacity component of the administrative annual charge is 1,208,000 horsepower. (59. The amount of annual charges to be paid under the license for the purpose of reimbursing the United States for the costs of administration of Part I of the Act. is reasonable as hereinafter fixed and specified. (51) In accordance with Section 10 (d) of the Act, the rate of return upon the net investment in the proposed project, and the proportion of surplus earnings to be paid into and held in amortization reserves, are reasonable as hereinafter specified. (52) Inasmuch as the record shows a need for revision of same, the Applicant should be required to file revised Exhibits F, K, and L as hereinafter provided. (53) The amount of reasonable annual charges for the use, occupancy, and enjoyment of lands of the United States to be occupied by the proposed project, including transmission line right-of-way, shall be hereafter fixed and specified by the Commission. (54) The following described Exhibit J drawings and Exhibit M, filed as parts of the applications for licenses for Projects Nos. 1971, 2132 and 2133, conform to the Commission's rules and regulations and should be approved as part of the license for the project: Exhibit J: (FPC No. 1971-2), Oxbow H. E. Development, General Map; (FPC No. 2133–1), Brownlee H. E. Development, General Map. Exhibit M: General description and specifications of equipment for Projects Nos. 1971, 2132 and 2133 (three exhibits). (55). It is desirable to reserve for future Commission determination the question of what transmission lines and appurtenant facilities, if any, shall be included in this license. The Commission orders: (A) This license is issued to Idaho Power Company under Section 4 (e) of the Federal Power Act for a period of fifty (50) years, effective as of the first day of the month in which the acknowledgment of acceptance hereof is filed with the Commission, for the construction, operation, and maintenance of the proposed Brownlee, Oxbow, and low Hells Canyon developments (which developments for the purposes of this license, shall be considered as units of one complete project designated in the records of the Commission as Project No. 1971), subject to the terms and conditions of the Act which is incorporated by reference as a part of this license, and subject to such rules and regulations as the Commission has issued or prescribed under the provisions of the Act. (B) This license is also subject to the terms and conditions set forth in Form L-6, December 15, 1953, entitled "Terms and Conditions of License for Unconstructed Major Project Affecting Navigable Waters and Lands of the United States," which terms and conditions are attached hereto and made a part hereof; and subject to the following special conditions set forth herein as additional articles: Article 28. The Licensee shall construct the project works as follows: (a) Commence construction of the Brownlee unit within one year of the effective date of this license, and shall thereafter in good faith and with due diligence prosecute such construction; and shall complete that unit in 36 months. |