Electric Consumers Protection Act of 1985

(Measure passed House, amended)

Electric Consumers Protection Act of 1985 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission (the Commission) to give preference to State and municipal applicants when issuing original licenses for hydroelectric projects.

Directs the Commission, when issuing such licenses, to consider: (1) energy conservation; (2) fish and wildlife protection; (3) recreational opportunities; and (4) environmental quality. Requires such licenses to include conditions for the protection and enhancement of fish and wildlife based upon recommendations received from certain fish and wildlife agencies.

Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act applicable to licenses, permits and exemptions granted under this Act.

Prescribes the criteria governing the relicensing process, and repeals the requirement that the Commission entertain new license applications no earlier than five years before the expiration of an existing license.

Directs the Commission to monitor and investigate applicant compliance with the terms granted under a license or exemption, and authorizes the Commission to issue revocations and to assess civil penalties for violations.

Prohibits the Commission from granting any exemptions from the Federal Power Act to State or local governments operating a conduit hydroelectric facility exceeding 40 megawatts solely for municipal water supply purposes.

Precludes a facility requiring a natural watercourse diversion by means of a new dam or diversion from being treated as a qualifying small power production facility unless: (1) its contract terms protect fish and wildlife; (2) the Commission finds such facility will not have a substantial adverse effect upon the environment; and (3) the Commission determines its location is not upon a State or national wild and scenic river system, or any otherwise unique watercourse.

Directs the Commission to: (1) establish license application fees which are adequate to reimburse fish and wildlife agencies for their costs in implementing the compliance provisions of this Act; and (2) conduct a study to determine whether the benefits relating to cogeneration and small power production plants should be applied to small power production facilities using new dams or water diversion systems. Requires the submittal of such study to specified congressional committees. Lists those relicensing procedures initiated prior to October 1983 which are subject to the provisions of this Act. Outlines the election and negotiation procedures for contested hydroelectric projects subject to litigation.

Sets forth congressional oversight and congressional veto requirements for applications filed after December 31, 1985, for a preliminary permit or license for a small power production facility using a new dam or diversion. Provides for suspension of applications filed before such date if certain required environmental consultations have not been initiated before the enactment of this Act.

States that any provision of this Act which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for FY 1987 and subsequent fiscal years.

Prescribes the charges to be paid by licensees for the use of Federal dams and related structures. Exempts from the provisions of this Act certain proceedings relating to the Merwin Dam in Washington State.