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16 U.S.C. § 839g — Savings provisions

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

16 U.S.C. § 839g — Savings provisions

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Source file: Laws/federal/codes/united-states-code/title-16/section-839g-savings-provisions--bff58ff083.md
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Source location: Title 16, Chapter 12H, § 839g; chapter-12h-pacific-northwest-electric-power-planning-and-conservation.md

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**(a) Rights of States and political subdivisions of States** Nothing in this chapter shall be construed to affect or modify any right of any State or political subdivision thereof or electric utility to— (1) determine retail electric rates, except as provided by [section 839c(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c/c/3&num=0&edition=prelim); (2) develop and implement plans and programs for the conservation, development, and use of resources; or (3) make energy facility siting decisions, including, but not limited to, determining the need for a particular facility, evaluating alternative sites, and considering alternative methods of meeting the determined need. **(b) Rights and obligations under existing contracts** Nothing in this chapter shall alter, diminish, or abridge the rights and obligations of the Administrator or any customer under any contract existing as of December 5, 1980. **(c) Statutory preferences and priorities of public bodies and cooperatives in sale of federally generated power** Nothing in this chapter shall alter, diminish, abridge, or otherwise affect the provisions of other Federal laws by which public bodies and cooperatives are entitled to preference and priority in the sale of federally generated electric power. **(d) Contractual rights under provisions later found to be unconstitutional** If any provision of this chapter is found to be unconstitutional, then any contract entered into by the Administrator, prior to such finding and in accordance with such provisions, to sell power, acquire or credit resources, or to reimburse investigation and preconstruction expenses pursuant to [section 839c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839c&num=0&edition=prelim), and section 839d(a), (f) or (h) of this title shall not be affected by such finding. **(e) Treaty and other rights of Indian tribes** Nothing in this chapter shall be construed to affect or modify any treaty or other right of an Indian tribe. **(f) Reservation of electric power for Montana; Hungry Horse and Libby Dams and Reservoirs** The reservation under law of electric power primarily for use in the State of Montana by reason of the construction of Hungry Horse and Libby Dams and Reservoirs within that State is hereby affirmed. Such reservation shall also apply to 50 per centum of any electric power produced at Libby Reregulating Dam if built. Electric power so reserved shall be sold at the rate or rates set pursuant to [section 839e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839e&num=0&edition=prelim). **(g) Rights of States to prohibit recovery of resource construction costs through retail rates** Nothing in this chapter shall be construed to affect or modify the right of any State to prohibit utilities regulated by the appropriate State regulatory body from recovering, through their retail rates, costs during any period of resource construction. **(h) Water appropriations** Nothing in this chapter shall be construed as authorizing the appropriation of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual. Nor shall any provision of this chapter of any plan or program adopted pursuant to the chapter (1) affect the rights or jurisdictions of the United States, the States, Indian tribes, or other entities over waters of any river or stream or over any groundwater resource, (2) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States, or (3) otherwise be construed to alter or establish the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water-related right. **(i) Existing Federal licenses, permits, and certificates** Nothing in this chapter shall be construed to affect the validity of any existing license, permit, or certificate issued by any Federal agency pursuant to any other Federal law.

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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. § 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

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

16 U.S.C. § 839g — Savings provisions

Page 1544 TITLE 16—CONSERVATION § 839g 731, which is classified generally to chapter 12B (§ 832 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 832 of this title and Tables. Act of August 31, 1964, referred to in subsec. (e)(5), is Pub. L. 88–552, Aug. 31, 1964, 78 Stat. 756, which is classi- fied generally to chapter 12F (§ 837 et seq.) of this title. For complete classification of this Act to the Code, see Tables. The Federal Columbia River Transmission System Act, referred to in subsec. (e)(5), is Pub. L. 93–454, Oct. 18, 1974, 88 Stat. 1376, which is classified generally to chapter 12G (§ 838 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 838 of this title and Tables. Section 103 of title 26, referred to in subsec. (f), which related to interest on certain governmental obligations was amended generally by Pub. L. 99–514, title XIII, § 1301(a), Oct. 22, 1986, 100 Stat. 2602, and as so amended relates to interest on State and local bonds. Section 103(b)(3), which prior to the general amendment defined exempt persons, relates to the applicability of the in- terest exclusion to bonds not in registered form, etc. Chapter 2C of title 15, referred to in subsec. (h), con- tained the Public Utility Holding Company Act of 1935, act Aug. 26, 1935, ch. 687, title I, 49 Stat. 803, and con- sisted of section 79 et seq. of Title 15, Commerce and Trade, prior to repeal by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete classification of this Act to the Code, see Tables. The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (j)(1), is Pub. L. 95–617, Nov. 9, 197

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