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<br />. <br /> <br />(.....-) <br /> <br />Second, within the constraints of monthly volumes of water to be released, <br />hour-to hour, daily, and weekly fluctuations in releases are made in <br />accordance with hydroelectric power generation needs as determined by the <br />Western Area Power Aclmini~tration. <br /> <br />S. Rep. No. 267 at 133 (1992). (emphasis added) Congress carefully distinguished between <br />annual and monthly reservoir operations under the Annual Operating Plan ("AOP") . <br />procedure pursuant to CRBPA and the Long-Range Operating Criteria, and weekly to <br />hourly peaking power operations. Further, specifically referring to Section 1802(b), the <br />Senate report describes the intent of that section as: <br /> <br />Not merely to provide a savings clause, but to establish that the Secretary's <br />responsibilities for water storage, allocation and delivery under the Law of the <br />River are primary and control the Secretary's actions under this title. <br /> <br />S. Rep. 267 at 135. Finally, section 1804( c)(I)(A) requires the adoption of ne.w operating <br />criteria "separate from and in addition to those specified in section 602(b) of the Colorado <br />River Basin Project Act of 1968: The legislative history is clear: <br /> <br />The Committee does not intend that this section interfere with the Secretary's <br />preparation of annual operating plans under section 602(b) of the 1968 Act, . <br />.which govern the operation of Glen Canyon Dam for the purpose of meeting <br />water storage, allocation, and delivery requirements under the Law of the <br />River. The Secretary's responsibilities in that regard are unaffected by this <br />title.... Then, subject to and consistent with that annual operating plan and <br />his responsibilities thereunder, the Secretary shall prepare an additional plan <br />of operations for Glen Canyon Dam pursuant to this title. <br /> <br />S. Rep. 267 at 137. Congress understood that the AOP process set both annual and monthly <br />amounts of water to be released. Thus, beach/habitat building flows, which .would <br />significantly shift monthly deliveries contrary to the AOP, are not authorized. <br /> <br />. In addition, the Grand Canyon Protection Act was intended to address problems created by <br />peakine power releases. The Act's sponsor repeatedly identified "fluctuating," .erratic," or <br />"irregular" releases for the production of "hydroelectric peaking power" or "peak electric <br />po.wer demands" as the problem his bill .would solve. 136 Cong. Rec. S9180 (daily ed. June <br />28, 1990); 137 Cong. Rec. S829 (daily ed. Jan. 14, 1991); 138 Cong. Rec. S17666 (daily ed. <br />Oct 8, 1992). Congress clearly contemplated that the total amount of power produced at <br />Glen Canyon would not change under the Act. Hearings on S. 144 and H.R. 429 at 364, 367 <br />(statement of David Marcus); Hearings on H.R. 4498 at 41, 174-175, 179 (statements of <br />Tom Moody and David Marcus). All analyses provided to Congress assumed there .would <br />be no powerplant bypasses. Hearings on S. 144 and H.R. 429 at 364, 367; H.R. Rep No 641 <br />at 30-62. The Senate Report noted that new criteria under the Act were "likely to result in <br />a significant loss of peaking generation." S. Rep. No. 267 at 139.-(emphasis added) <br /> <br />5 <br />