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16 U.S.C. § 824r — Protection of transmission contracts in the Pacific Northwest

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

16 U.S.C. § 824r — Protection of transmission contracts in the Pacific Northwest

**(a) Definition of electric utility or person** In this section, the term “electric utility or person” means an electric utility or person that— (1) as of August 8, 2005, holds firm transmission rights pursuant to contract or by reason of ownership of transmission facilities; and (2) is located— (A) in the Pacific Northwest, as that region is defined in [section 839a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839a&num=0&edition=prelim); or (B) in that portion of a State included in the geographic area proposed for a regional transmission organization in Commission Docket Number RT01–35 on the date on which that docket was opened. **(b) Protection of transmission contracts** Nothing in this chapter confers on the Commission the authority to require an electric utility or person to convert to tradable or financial rights— (1) firm transmission rights described in subsection (a); or (2) firm transmission rights obtained by exercising contract or tariff rights associated with the firm transmission rights described in subsection (a).

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Source file: Laws/federal/codes/united-states-code/title-16/section-824r-protection-of-transmission-contracts-in-the-pacific-northwest--c52e8f95d1.md
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Source location: Title 16, Chapter 12, § 824r; chapter-012-federal-regulation-and-development-of-power.md

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

16 U.S.C. § 839a — Definitions

As used in this chapter, the term— (1) “Acquire” and “acquisition” shall not be construed as authorizing the Administrator to construct, or have ownership of, under this chapter or any other law, any electric generating facility. (2) “Administrator” means the Administrator of the Bonneville Power Administration. (3) “Conservation” means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution. (4) (A) “Cost-effective”, when applied to any measure or resource referred to in this chapter, means that such measure or resource must be forecast— (i) to be reliable and available within the time it is needed, and (ii) to meet or reduce the electric power demand, as determined by the Council or the Administrator, as appropriate, of the consumers of the customers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource, or any combination thereof. (B) For purposes of this paragraph, the term “system cost” means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource. (C) In determining the amount of power that a conservation measure or other resource may be expected to save or to produce, the Council or the Admini

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

16 U.S.C. § 824r — Protection of transmission contracts in

Page 1434 TITLE 16—CONSERVATION § 824r 1 So in original. Probably should be ‘‘this’’. its system as of January 1, 2005, and the Com- mission determines that any future allocation or auction is just, reasonable and not unduly discriminatory or preferential, provided, how- ever, that if such a Transmission Organization never allocated financial transmission rights on its system that pertained to a period before Jan- uary 1, 2005, with respect to any application by such Transmission Organization that would change its methodology the Commission shall exercise its authority in a manner consistent with the 1 chapter and that takes into account the policies expressed in subsections (b)(1), (b)(2), and (b)(3) as applied to firm transmission rights held by a load-serving entity as of Janu- ary 1, 2005, to the extent the associated genera- tion ownership or power purchase arrangements remain in effect. (d) Certain transmission rights The Commission may exercise authority under this chapter to make transmission rights not used to meet an obligation covered by sub- section (b) available to other entities in a man- ner determined by the Commission to be just, reasonable, and not unduly discriminatory or preferential. (e) Obligation to build Nothing in this chapter relieves a load-serving entity from any obligation under State or local law to build transmission or distribution facili- ties adequate to meet the service obligations of the load-serving entity. (f) Contracts Nothing in this section shall provide a basis for abrogating any contract or service agree- ment for firm transmission service or rights in effect as of August 8, 2005. If an ISO in the West- ern Interconnection had allocated financial transmission rights prior to August 8, 2005, but ha

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