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16 U.S.C. § 832m — Sale of excess Federal power; fish and wildlife conservation within Federal Columbia River Power System; residential exchange; personnel flexibility

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 832m — Sale of excess Federal power; fish and wildlife conservation within Federal Columbia River Power System; residential exchange; personnel flexibility

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Stable record: federal_law:legal_authorities:record_usc_1cff5f7461d467e08d9ed947
Source file: Laws/federal/codes/united-states-code/title-16/section-832m-sale-of-excess-federal-power-fish-and-wildlife-conservation-within-feder--6f9f022556.md
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Source location: Title 16, Chapter 12B, § 832m; chapter-12b-bonneville-project.md

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**(a) Definitions** In this section: (1) **Administrator** — The term “Administrator” means the Administrator of the Bonneville Power Administration. (2) **Council** — The term “Council” means the Northwest Power and Conservation Planning Council. (3) **Excess Federal power** — The term “excess Federal power” means such electric power that has become surplus to the firm contractual obligations of the Administrator under [section 839c(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c/f&num=0&edition=prelim) due to either— (A) any reduction in the quantity of electric power that the Administrator is contractually required to supply under subsections (b) and (d) of [section 839c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c&num=0&edition=prelim), due to the election by customers of the Bonneville Power Administration to purchase electric power from other suppliers, as compared to the quantity of electric power that the Administrator was contractually required to supply as of January 1, 1995; or (B) those operations of the Federal Columbia River Power System that are primarily for the benefit of fish and wildlife affected by the development, operation, or management of the System. **(b) Sale of excess Federal power** Notwithstanding [section 837a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section837a&num=0&edition=prelim), subsections (a), (b), and (c) of [section 837b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section837b&num=0&edition=prelim), and [section 837f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section837f&num=0&edition=prelim), and [section 839f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839f/c&num=0&edition=prelim), the Administrator may, as permitted by otherwise applicable law, sell or otherwise dispose of excess Federal power— (1) outside the Pacific Northwest on a firm basis for a contract term of not to exceed 7 years, if the excess Federal power is first offered for a reasonable period of time and under the same essential rate, terms and conditions to those Pacific Northwest public body, cooperative and investor-owned utilities and those direct service industrial customers identified in subsection (b) or (d)(1)(A) of [section 839c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c&num=0&edition=prelim); and (2) in any region without the prohibition on resale established by the second sentence of [section 832d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832d/a&num=0&edition=prelim). **(c) Study by Council** (1) 11 So in original. No par. (2) has been enacted. Within 180 days of November 13, 1995, the Council shall review and report to Congress regarding the most appropriate governance structure to allow more effective regional control over efforts to conserve and enhance anadromous and resident fish and wildlife within the Federal Columbia River Power System. **(d) Corps of Engineers procurement** The Assistant Secretary of the Army for Civil Works, acting through the North Pacific Division of the Corps of Engineers, is authorized to place orders for goods and services related to facilities for electric power generation and fish and wildlife mitigation associated with the Federal Columbia River Power System with and through the Administrator using the authorities available to the Administrator. **(e) Residential exchange** Notwithstanding the establishment, confirmation and approval of rates pursuant to [section 839e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839e&num=0&edition=prelim), and notwithstanding the provisions of [section 839c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c/c&num=0&edition=prelim), the cost benefits of eligible utilities’ total purchase and exchange sales under [section 839c(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c/c/1&num=0&edition=prelim) shall be $145,000,000 for fiscal year 1997, and the net benefits paid to each eligible electric utility shall be $145,000,000 multiplied by the percentage of the total of such net benefits paid by the Administrator to such utility for fiscal year 1995. **(f) Personnel flexibility** The Administrator may offer employees voluntary separation incentives as deemed necessary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separation shall repay the entire amount to the Bonneville Power Administration. **(g) Savings** Unless superseded by an Act of Congress, the authority provided by this section is expressly intended to extend beyond the fiscal year.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 837b — Contract terms and conditions for use of electric energy outside Pacific Northwest

**(a) Surplus energy; discontinuance of deliveries to maintain ability to meet requirements of Pacific Northwest customers; purchaser’s responsibility for hardships; deliveries by non-Federal utility for use on contiguous distribution system not deemed deliveries for use outside Pacific Northwest** Any contract for the sale or exchange of surplus energy for use outside the Pacific Northwest, or as replacement, directly or indirectly, within the Pacific Northwest for hydroelectric energy delivered for use outside that region by a non-Federal utility, shall provide that the Secretary, after giving the purchaser notice not in excess of sixty days, will not deliver electric energy under such contract whenever it can reasonably be foreseen that such delivery would impair his ability to meet, either at or after the time of such delivery, the energy requirements of any Pacific Northwest customer. The purchaser shall obligate himself not to take delivery of or use any such energy to supply any load under such conditions that discontinuance of deliveries from the Pacific Northwest in sixty days would cause undue hardship to the purchaser or in his territory, and, further, the purchaser shall acknowledge full responsibility if any such hardship occurs. Deliveries by a non-Federal utility from its generating plants in the Pacific Northwest for use on its own distribution system in an area outside but contiguous to the Pacific Northwest (not including any extension of its outside service area by merger or acquisition after August 31, 1964) shall not be deemed deliveries by such utility for use outside the Pacific Northwest. **(b) Conservable electric energy; provisional basis for delivery; return of energy to meet requirements of Pacific Northwest customers; time and extent of ret

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 837b

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 839e — Rates

**(a) Establishment; periodic review and revision; confirmation and approval by Federal Energy Regulatory Commission** (1) The Administrator shall establish, and periodically review and revise, rates for the sale and disposition of electric energy and capacity and for the transmission of non-Federal power. Such rates shall be established and, as appropriate, revised to recover, in accordance with sound business principles, the costs associated with the acquisition, conservation, and transmission of electric power, including the amortization of the Federal investment in the Federal Columbia River Power System (including irrigation costs required to be repaid out of power revenues) over a reasonable period of years and the other costs and expenses incurred by the Administrator pursuant to this chapter and other provisions of law. Such rates shall be established in accordance with sections 9 and 10 of the Federal Columbia River Transmission System Act ([16 U.S.C. 838](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section838&num=0&edition=prelim)) [[16 U.S.C. 838g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section838g&num=0&edition=prelim) and 838h], section 5 of the Flood Control Act of 1944 [[16 U.S.C. 825s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section825s&num=0&edition=prelim)], and the provisions of this chapter. (2) Rates established under this section shall become effective only, except in the case of interim rules as provided in subsection (i)(6), upon confirmation and approval by the Federal Energy Regulatory Commission upon a finding by the Commission, that such rates— (A) are sufficient to assure repayment of the Federal investment in the Federal Columbia River Power System over

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 837f — Purchaser priority on Pacific Northwest power; amendment of existing contracts and new contracts to include priority provisions

The Secretary shall offer to amend, without imposing any other requirements as a condition to such amendment, all existing contracts for the sale or exchange of electric power generated at Federal hydroelectric plants in the Pacific Northwest to include, and shall include in all new contracts, provisions giving the purchaser priority on electric power generated at such plants in conformity with the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 839c — Sale of power

**(a) Preferences and priorities** All power sales under this chapter shall be subject at all times to the preference and priority provisions of the Bonneville Project Act of 1937 ([16 U.S.C. 832](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832&num=0&edition=prelim) and following) and, in particular, sections 4 and 5 thereof [[16 U.S.C. 832c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832c&num=0&edition=prelim) and 832d]. Such sales shall be at rates established pursuant to [section 839e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839e&num=0&edition=prelim). **(b) Sales to public bodies, cooperatives, and Federal agency customers** (1) Whenever requested, the Administrator shall offer to sell to each requesting public body and cooperative entitled to preference and priority under the Bonneville Project Act of 1937 [[16 U.S.C. 832](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832&num=0&edition=prelim) et seq.] and to each requesting investor-owned utility electric power to meet the firm power load of such public body, cooperative or investor-owned utility in the Region to the extent that such firm power load exceeds— (A) the capability of such entity’s firm peaking and energy resources used in the year prior to December 5, 1980, to serve its firm load in the region, and (B) such other resources as such entity determines, pursuant to contracts under this chapter, will be used to serve its firm load in the region. In determining the resources which are used to serve a firm load, for purposes of subparagraphs (A) and (B), any resources used to serve a firm load under such subparagraphs shall be treated as continuing to be s

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839c

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 837a — Limitation of sale, delivery, and exchange of electric energy and electric peaking capacity for use outside Pacific Northwest to surplus energy and surplus peaking capacity; notice to customers; inspection of contract drafts

Subject to the provisions of this chapter, the sale, delivery, and exchange of electric energy generated at, and peaking capacity of, Federal hydroelectric plants in the Pacific Northwest for use outside the Pacific Northwest shall be limited to surplus energy and surplus peaking capacity. At least 30 days prior to the execution of any contract for the sale, delivery, or exchange of surplus energy or surplus peaking capacity for use outside the Pacific Northwest, the Secretary shall give the then customers of the Bonneville Power Administration written notice that negotiations for such a contract are pending, and thereafter, at any customer’s request, make available for its inspection current drafts of the proposed contract.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 832m — Sale of excess Federal power; fish and

Page 1486 TITLE 16—CONSERVATION § 832l 1 So in original. No par. (2) has been enacted. (Aug. 20, 1937, ch. 720, § 12, 50 Stat. 736; Oct. 23, 1945, ch. 433, § 6, 59 Stat. 547; July 26, 1946, ch. 673, 60 Stat. 701.) Editorial Notes AMENDMENTS 1946—Subsec. (b). Act July 26, 1946, took from the Ad- ministrator the authority to make settlement of suits. 1945—Act Oct. 23, 1945, added subsec. (a), designated existing provisions as subsec. (b), and amended such provisions generally. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. § 832l. Separability If any provision of this chapter or the applica- tion of such provision to any person or cir- cumstance shall be held invalid, the remainder of the chapter and the application of such provi- sion to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Aug. 20, 1937, ch. 720, § 13, 50 Stat. 736.) § 832m. Sale of excess Federal power; fish and wildlife conservation within Federal Colum- bia River Power System; residential ex- change; personnel flexibility (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Bonneville Power Adminis- tration. (2) Council The term ‘‘Council’’ means the Northwest Power and Conservation Planning Council. (3) Excess Federal power The term ‘‘excess Federal power’’ means such electric power that has become sur

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 832m

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