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16 U.S.C. § 838 — Congressional findings; authority and duties of Secretary of Energy relating to Federal Columbia River Power System unaffected
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress finds that in order to enable the Secretary of Energy to carry out the policies of Public Law 88–552 [[16 U.S.C. 837](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section837&num=0&edition=prelim) et seq.] relating to the marketing of electric power from hydroelectric projects in the Pacific Northwest, Public Laws 89–448 and 89–561 relating to use of revenues of the Federal Columbia River Power System to provide financial assistance to reclamation projects in the Pacific Northwest, the treaty between the United States and Canada relating to the cooperative development of the resources of the Columbia River Basin, and other applicable law, it is desirable and appropriate that the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds be used to further the operation, maintenance, and further construction of the Federal transmission system in the Pacific Northwest.
**(b)** Other than as specifically provided herein, the present authority and duties of the Secretary of Energy relating to the Federal Columbia River Power System shall not be affected by this chapter. The authority and duties of the Administrator referred to herein are subject to the supervision and direction of the Secretary.
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Source file: Laws/federal/codes/united-states-code/title-16/section-838-congressional-findings-authority-and-duties-of-secretary-of-energy-relat--f737170a7a.md
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Source location: Title 16, Chapter 12G, § 838; chapter-12g-pacific-northwest-federal-transmission-system.md
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**(a)** Congress finds that in order to enable the Secretary of Energy to carry out the policies of Public Law 88–552 [[16 U.S.C. 837](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section837&num=0&edition=prelim) et seq.] relating to the marketing of electric power from hydroelectric projects in the Pacific Northwest, Public Laws 89–448 and 89–561 relating to use of revenues of the Federal Columbia River Power System to provide financial assistance to reclamation projects in the Pacific Northwest, the treaty between the United States and Canada relating to the cooperative development of the resources of the Columbia River Basin, and other applicable law, it is desirable and appropriate that the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds be used to further the operation, maintenance, and further construction of the Federal transmission system in the Pacific Northwest.
**(b)** Other than as specifically provided herein, the present authority and duties of the Secretary of Energy relating to the Federal Columbia River Power System shall not be affected by this chapter. The authority and duties of the Administrator referred to herein are subject to the supervision and direction of the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual installments during period of construction in absence of other provision for extended repayment** In connection with any water resource development project, heretofore, herein, or hereafter authorized to be undertaken by the Secretary of the Army, the construction of which has not been initiated as of March 7, 1974, where authorization requires that non-Federal public bodies make an agreed-upon cash contribution as part of their reimbursement to the Federal Government for construction costs, or a specific portion of the construction costs, and where there exists no other provision of law which would permit extended repayment for the construction costs or such specific portion of the construction costs involved, such non-Federal public bodies may make such repayment in annual installments during the period of construction.
**(b) Cost sharing; modification** Upon the request of affected non-Federal public bodies, the Secretary of the Army is authorized to modify existing cost sharing agreements in order to effectuate the provisions of subsection (a) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–6
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a)** “Secretary” means the Secretary of Energy.
**(b)** “Pacific Northwest” means (1) the region consisting of the States of Oregon and Washington, the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Columbia drainage basin and of the State of Idaho as the Secretary may determine to be within the marketing area of the Federal Columbia River power system, and (2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region.
**(c)** “Surplus energy” means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate.
**(d)** “Surplus peaking capacity” means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any established rate.
**(e)** “Non-Federal utility” means any utility not owned or controlled by the United States, including any entity (1) which such a utility owns or controls, in whole or in part, or is controlled by, (2) which is controlled by those controlling such utility, or (3) of which such utility is a member.
**(f)** “Energy requirements of any Pacific Northwest customer” means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pacific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy a
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 837
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Accounts; audit; procedures, etc., prescribed** The administrator, subject to the requirements of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.], shall keep complete and accurate accounts of operations, including all funds expended and received in connection with transmission and sale of electric energy generated at the Bonneville project, and in the maintenance of such accounts, appropriate obligations shall be established for annual and sick leave of absence as earned. The Administrator shall, after the close of each fiscal year, obtain an independent commercial-type audit of such accounts. The forms, systems, and procedures prescribed by the Comptroller General for the Administrator’s appropriation and fund accounting shall be in accordance with the requirements of the Federal Power Act with respect to accounts of electric operations of public utilities and the regulations of the Federal Energy Regulatory Commission pursuant thereto.
**(b) Current expenses** The administrator may make such expenditures for offices, vehicles, furnishings, equipment, supplies, and books; for attendance at meetings; and for such other facilities and services as he may find necessary for the proper administration of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 832h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Borrowing authority**
(1) **In general** — Subject to paragraph (2), for the purposes of providing funds to assist in the financing of the construction, acquisition, and replacement of the Federal Columbia River Power System and to implement the authority of the Administrator of the Bonneville Power Administration (referred to in this section as the “Administrator”) under the Pacific Northwest Electric Power Planning and Conservation Act ([16 U.S.C. 839](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839&num=0&edition=prelim) et seq.), an additional $10,000,000,000 in borrowing authority is made available under 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) et seq.), to remain outstanding at any 1 time.
(2) **Limitation** — The obligation of additional borrowing authority under paragraph (1) shall not exceed $6,000,000,000 by fiscal year 2028.
**(b) Financial plan**
(1) **In general** — The Administrator shall issue an updated financial plan by the end of fiscal year 2022.
(2) **Requirement** — As part of the process of issuing an updated financial plan under paragraph (1), the Administrator shall—
(A) consistent with asset management planning and sound business principles, consider projected and planned use and allocation of the borrowing authority of the Administrator across the mission responsibilities of the Bonneville Power Administration; and
(B) before issuing the final updated financial plan—
(i) engage, in a manner determined by the Administrator, with customers with respect to a draft of the updated plan; and
(ii) consider as a relevant factor any recommendations from customers regard
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 838m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pacific Northwest Electric Power and Conservation Planning Council; establishment and operation as regional agency**
(1) The purposes of this section are to provide for the prompt establishment and effective operation of the Pacific Northwest Electric Power and Conservation Planning Council, to further the purposes of this chapter by the Council promptly preparing and adopting (A) a regional conservation and electric power plan and (B) a program to protect, mitigate, and enhance fish and wildlife, and to otherwise expeditiously and effectively carry out the Council’s responsibilities and functions under this chapter.
(2) To achieve such purposes and facilitate cooperation among the States of Idaho, Montana, Oregon, and Washington, and with the Bonneville Power Administration, the consent of Congress is given for an agreement described in this paragraph and not in conflict with this chapter, pursuant to which—
(A) there shall be established a regional agency known as the “Pacific Northwest Electric Power and Conservation Planning Council” which (i) shall have its offices in the Pacific Northwest, (ii) shall carry out its functions and responsibilities in accordance with the provisions of this chapter, (iii) shall continue in force and effect in accordance with the provisions of this chapter, and (iv) except as otherwise provided in this chapter, shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law; and
(B) two persons from each State may be appointed, subject to the applicable laws of each such State, to undertake the functions and duties of members of the Council.
The State may fill any vacancy occurring prior to the expiration of the term of any member. The appointment of six initial members, subje
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839b
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Conservation measures; resources**
(1) The Administrator shall acquire such resources through conservation, implement all such conservation measures, and acquire such renewable resources which are installed by a residential or small commercial consumer to reduce load, as the Administrator determines are consistent with the plan, or if no plan is in effect with the criteria of [section 839b(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839b/e/1&num=0&edition=prelim) and the considerations of [section 839b(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839b/e/2&num=0&edition=prelim) and, in the case of major resources, in accordance with subsection (c) of this section. Such conservation measures and such resources may include, but are not limited to—
(A) loans and grants to consumers for insulation or weatherization, increased system efficiency, and waste energy recovery by direct application,
(B) technical and financial assistance to, and other cooperation with, the Administrator’s customers and governmental authorities to encourage maximum cost-effective voluntary conservation and the attainment of any cost-effective conservation objectives adopted by individual States or subdivisions thereof,
(C) aiding the Administrator’s customers and governmental authorities in implementing model conservation standards adopted pursuant to [section 839b(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839b/f&num=0&edition=prelim), and
(D) conducting demonstration projects to determine the cost effectiveness of conservation measures and direct application of renewable energy resources.
(2) In addition to acquiring electri
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839d
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contract authority** Subject to the provisions of this chapter, the Administrator is authorized to contract in accordance with section 2(f) of the Bonneville Project Act of 1937 ([16 U.S.C. 832a(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832a/f&num=0&edition=prelim)). Other provisions of law applicable to such contracts on December 5, 1980, shall continue to be applicable.
**(b) Executive and administrative functions of Administrator of Bonneville Power Administration; sound and businesslike implementation of chapter** The Administrator shall discharge the executive and administrative functions of his office in accordance with the policy established by 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), section 7152(a)(2) and (3) of title 42, and this chapter. The Secretary of Energy, the Council, and the Administrator shall take such steps as are necessary to assure the timely implementation of this chapter in a sound and businesslike manner. Nothing in this chapter shall be construed by the Secretary, the Administrator, or any other official of the Department of Energy to modify, alter, or otherwise affect the requirements and directives expressed by the Congress in section 7152(a)(2) and (3) of title 42 or the operations of such officials as they existed prior to December 5, 1980.
**(c) Limitations and conditions on contracts for sale or exchange of electric power for use outside Pacific Northwest** Any contract of the Administrator for the sale or exchange of electric power for use outside the Pacific Northwest shall be subject to limitations and conditions corresponding to those provided in sections 2 and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Functions relating to electric power**
(1) There are transferred to, and vested in, the Secretary all functions of the Secretary of the Interior under [section 825s of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section825s&num=0&edition=prelim), and all other functions of the Secretary of the Interior, and officers and components of the Department of the Interior, with respect to—
(A) the Southeastern Power Administration;
(B) the Southwestern Power Administration;
(C) the Bonneville Power Administration including but not limited to the authority contained in 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 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) et seq.];
(D) the power marketing functions of the Bureau of Reclamation, including the construction, operation, and maintenance of transmission lines and attendant facilities; and
(E) the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act of June 18, 1954, as amended by the Act of December 23, 1963.
(2) The Southeastern Power Administration, the Southwestern Power Administration, and the Bonneville Power Administration,11 So in original. The comma probably should not appear. shall be preserved as separate and distinct organizational entities within the Department. Each such entity shall be headed by an Administrator appointed by the Secretary. The functions transferred to the Secretary in paragra
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7153
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