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16 U.S.C. § 838m — Power marketing administration transmission borrowing authority
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
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Source file: Laws/federal/codes/united-states-code/title-16/section-838m-power-marketing-administration-transmission-borrowing-authority--c8056850bf.md
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Source location: Title 16, Chapter 12G, § 838m; chapter-12g-pacific-northwest-federal-transmission-system.md
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**(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 regarding prioritization of asset investments.
**(c) Stakeholder engagement** The Administrator shall—
(1) engage, in a manner determined by the Administrator, with customers and stakeholders with respect to the financial and cost management efforts of the Administrator through periodic program reviews; and
(2) to the maximum extent practicable, implement those policies that would be expected to be consistent with the lowest possible power and transmission rates consistent with sound business principles.
**(d) Repayment** Any additional Treasury borrowing authority received under this section shall be fully repaid to the Treasury in a manner consistent with the applicable self-financed Federal budget accounts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3) **Other terms**
(A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.).
(B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim).
**(b) Review**
(1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18851
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter, together with the provisions of other laws applicable to the Federal Columbia River Power System, are all intended to be construed in a consistent manner. Such purposes are also intended to be construed in a manner consistent with applicable environmental laws. Such purposes are:
(1) to encourage, through the unique opportunity provided by the Federal Columbia River Power System—
(A) conservation and efficiency in the use of electric power, and
(B) the development of renewable resources within the Pacific Northwest;
(2) to assure the Pacific Northwest of an adequate, efficient, economical, and reliable power supply;
(3) to provide for the participation and consultation of the Pacific Northwest States, local governments, consumers, customers, users of the Columbia River System (including Federal and State fish and wildlife agencies and appropriate Indian tribes), and the public at large within the region in—
(A) the development of regional plans and programs related to energy conservation, renewable resources, other resources, and protecting, mitigating and enhancing fish and wildlife resources,
(B) facilitating the orderly planning of the region’s power system, and
(C) providing environmental quality;
(4) to provide that the customers of the Bonneville Power Administration and their consumers continue to pay all costs necessary to produce, transmit, and conserve resources to meet the region’s electric power requirements, including the amortization on a current basis of the Federal investment in the Federal Columbia River Power System;
(5) to insure, subject to the provisions of this chapter—
(A) that the authorities and responsibilities of State and local governments, electric utility systems, water management agencie
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 838
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Federal law — U.S. Code and appendices · legal_authorities
Page 1510
TITLE 16—CONSERVATION
§ 838
(Pub. L. 88–552, § 9, Aug. 31, 1964, 78 Stat. 758.)
Editorial Notes
REFERENCES IN TEXT
The Hungry Horse Dam Act (Act of June 4, 1944, 58
Stat. 270), as amended, referred to in text, probably
means act June 5, 1944, ch. 234, 58 Stat. 270, which is
classified to sections 593a and 593b of Title 43, Public
Lands.
CHAPTER 12G—PACIFIC NORTHWEST
FEDERAL TRANSMISSION SYSTEM
Sec.
838.
Congressional findings; authority and duties
of Secretary of Energy relating to Federal
Columbia River Power System unaffected.
838a.
Definitions.
838b.
Operation and maintenance of Federal trans-
mission system; construction of improve-
ments, betterments, additions and replace-
ments; criteria.
838c.
Acquisition by condemnation of transmission
facilities.
838d.
Transmission of non-Federal power.
838e.
Acquisition of property.
838f.
Marketing of Federal power; sales agent.
838g.
Schedules of rates and charges for sale of
Federal power and transmission of non-Fed-
eral power; confirmation and approval; cri-
teria for modification and establishment.
838h.
Uniform schedules of rates and charges for
sale of Federal power and transmission of
non-Federal power; allocation of cost recov-
ery.
838i.
Bonneville Power Administration fund.
838j.
Investment of excess moneys; deposit of mon-
eys.
838k.
Bonneville Power Administration bonds.
838l.
Bonneville
Power
Administration
refi-
nancing.
838m.
Power
marketing
administration
trans-
mission borrowing authority.
838n.
Columbia Basin power management.
§ 838. Congressional findings; authority and du-
ties of Secretary of Energy relating to Fed-
eral Columbia River Power System unaf-
fected
(a) Congress finds that in order to enable the
Secretary of Energy to carry out th
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 838
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 838. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1517
TITLE 16—CONSERVATION
§ 838m
1 So in original. Probably should be ‘‘section;’’ or ‘‘section’’.
(h) Omitted
(i) Contract provisions
In each contract of the Administrator that
provides for the Administrator to sell electric
power, transmission, or related services, and
that is in effect after September 30, 1996, the Ad-
ministrator shall offer to include, or as the case
may be, shall offer to amend to include, provi-
sions specifying that after September 30, 1996—
(1) the Administrator shall establish rates
and charges on the basis that—
(A) the principal amount of an old capital
investment shall be no greater than the new
principal amount established under sub-
section (b);
(B) the interest rate applicable to the un-
paid balance of the new principal amount of
an old capital investment shall be no greater
than the interest rate established under sub-
section (c);
(C) any payment of principal of an old cap-
ital investment shall reduce the outstanding
principal balance of the old capital invest-
ment in the amount of the payment at the
time the payment is tendered; and
(D) any payment of interest on the unpaid
balance of the new principal amount of an
old capital investment shall be a credit
against the appropriate interest account in
the amount of the payment at the time the
payment is tendered;
(2) apart from charges necessary to repay
the new principal amount of an old capital in-
vestment as established under subsection (b)
and to pay the interest on the principal
amount under subsection (c), no amount may
be charged for return to the United States
Treasury as repayment for or return on an old
capital investment, whether by way of rate,
rent, lease payment, assessment, user charge,
or any other fee;
(3) amounts provided under
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 838m
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1519
TITLE 16—CONSERVATION
§ 839
1 So in original. The word ‘‘the’’ probably should not appear.
value to the Pacific Northwest of increasing
the coordination of the operation of hydro-
electric and water storage facilities on rivers
located in the United States and Canada.
(2) Criteria
The study conducted under paragraph (1)
shall analyze—
(A) projected changes to the Pacific North-
west electricity supply;
(B) potential reductions in greenhouse gas
emissions;
(C) any potential need to increase trans-
mission capacity; and
(D) any other factor the Administrator
considers to be relevant for increasing bilat-
eral coordination.
(3) Coordination
In conducting the study under paragraph (1),
the Administrator shall coordinate, to the ex-
tent practicable, with—
(A) the 1 British Columbia or a crown cor-
poration owned by British Columbia;
(B) the Assistant Secretary;
(C) the Commissioner of Reclamation; and
(D) any public utility districts that oper-
ate hydroelectric projects on the mainstem
of the Columbia River.
(4) Authorization of appropriations
There is authorized to be appropriated
$10,000,000, which shall be nonreimburseable,
to carry out this subsection.
(Pub. L. 117–58, div. D, title I, § 40113, Nov. 15,
2021, 135 Stat. 947.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Infrastructure In-
vestment and Jobs Act, and not as part of the Federal
Columbia River Transmission System Act which com-
prises this chapter.
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of L
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 839
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 839. This identifies an authority to review, not proof of applicability.