Toledo Bend
Bi-State
Alliance

Regular Session, 1999
HOUSE CONCURRENT RESOLUTION NO. 176
BY REPRESENTATIVE SALTER AND SENATORS CAIN AND SMITH

A CONCURRENT RESOLUTION

To urge and request the Federal Energy Regulatory Commission to exercise its authority to interpret the hydroelectric power sales agreement and power plant license involving the Louisiana Sabine River Authority.

WHEREAS, the Sabine River Authority, state of Louisiana, pursuant to R.S. 38:2321 through 2337, is a conservation and reclamation district consisting of territory in the parishes of DeSoto, Sabine, Vernon, Beauregard, Calcasieu, and Cameron, lying within the watershed of the Sabine River and its tributary streams; and

WHEREAS, pursuant to state law and the Sabine River Compact entered into by the states of Louisiana and Texas, the Sabine River Authority includes within its duties the operation of the Toledo Bend Project for the Toledo Bend Reservoir; and

WHEREAS, the Toledo Bend Project includes a hydroelectric power plant operated by the Texas Sabine River Authority and Louisiana Sabine River Authority; and

WHEREAS, such power plant is licensed by the Federal Energy Regulatory Commission (FERC) and must operate in accordance with the terms and conditions of such license and subject to applicable federal and state laws and regulations; and

WHEREAS, the Texas Sabine River Authority and Louisiana Sabine River Authority have entered into a consolidated power sales agreement with certain companies; and

WHEREAS, the Texas Sabine River Authority and Louisiana Sabine River Authority control the draw down of the water level of Toledo Bend Reservoir; and

WHEREAS, there is disagreement as to whether or not the current operating guide can be changed to provide for the establishment of 168 mean sea level feet as the minimum reservoir level for routine power generation, except when it is necessary to maintain the minimum down river flow of the Sabine River, to inspect or repair the dam, or to prevent the threat of a "brownout"; and

WHEREAS, there is widespread concern that water levels below 168 mean sea level feet adversely impact the recreational and tourism use of the reservoir, thereby adversely affecting not only the use and enjoyment of the area by individuals but also commerce and economic development and growth throughout the entire area; and

WHEREAS, there are also concerns that establishing 168 mean sea level feet as the minimum reservoir level for routine power generation could constitute a violation of the power sales agreement; and

WHEREAS, Opinion No. 98-376 of the Louisiana Office of Attorney General dated April 9, 1999, in discussing this matter states in part that, "we do believe that the functions and obligations imposed upon the SRA's, contractually and statutorily, require that the flow of the Sabine River and the operation of the Toledo Bend Reservoir accommodate other water requirements, not simply the generation of hydroelectric power, especially during the months of May through September"; and

WHEREAS, to avoid the possibility of protracted and costly litigation on this matter, the Federal Energy Regulatory Commission should exercise its authority to interpret the requirements of the license and power sales agreement in accordance with applicable law; and

WHEREAS, such interpretation should proceed with all possible speed and with due opportunity for comment and submission of information by interested parties.

THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby urge and request the Federal Energy Regulatory Commission to exercise its authority to interpret the requirements of the Sabine River Authority power sales agreement and license as to whether 168 mean sea level feet can be implemented as the minimum level for routine power generation.

BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the administrative head of the Federal Energy Regulatory Commission and to each member of the Louisiana congressional delegation.

SPEAKER OF THE HOUSE OF REPRESENTATIVES

PRESIDENT OF THE SENATE