16 U.S.C. § 839a — Definitions

Page 1520 TITLE 16—CONSERVATION § 839a Editorial Notes REFERENCES IN TEXT This chapter, referred to in provision preceding par. (1) and in par. (5), was in the original ‘‘this Act’’, mean- ing Pub. L. 96–501, Dec. 5, 1980, 94 Stat. 2697, known as the Pacific Northwest Electric Power Planning and Conservation Act, which enacted this chapter, amended sections 837, 838i, and 838k of this title, and enacted provisions set out as notes under this section. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–501, § 11, Dec. 5, 1980, 94 Stat. 2735, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 837, 838i, and 838k of this title, and enacting provi- sions set out as notes under this section] shall be effec- tive on the date of enactment [Dec. 5, 1980], or October 1, 1980, whichever is later. For purposes of this Act, the term ‘date of the enactment of this Act’ means such date of enactment [Dec. 5, 1980] or October 1, 1980, whichever is later.’’ SHORT TITLE Pub. L. 96–501, § 1, Dec. 5, 1980, 94 Stat. 2697, provided in part that: ‘‘This Act [enacting this chapter, amend- ing sections 837, 838i, and 838k of this title, and enact- ing provisions set out as notes under this section] may be cited as the ‘Pacific Northwest Electric Power Plan- ning and Conservation Act’.’’ § 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 gener- ating facility. (2) ‘‘Administrator’’ means the Adminis- trator of the Bonneville Power Administra- tion. (3) ‘‘Conservation’’ means any reduction in electric power consumption as a result of in- creases in the efficiency of energy use, produc- tion, or distribution. (4)(A) ‘‘Cost-effective’’, when applied to any measure or resource referred to in this chap- ter, 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 con- sumers of the customers at an estimated in- cremental system cost no greater than that of the least-cost similarly reliable and avail- able 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 effec- tive 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 en- vironmental costs and benefits as the Admin- istrator determines, on the basis of a method- ology developed by the Council as part of the plan, or in the absence of the plan by the Ad- ministrator, 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 Administrator, as the case may be, shall take into account projected realization factors and plant factors, including appro- priate historical experience with similar measures or resources. (D) For purposes of this paragraph, the ‘‘es- timated incremental system cost’’ of any con- servation measure or resource shall not be treated as greater than that of any noncon- servation measure or resource unless the in- cremental system cost of such conservation measure or resource is in excess of 110 per cen- tum of the incremental system cost of the nonconservation measure or resource. (5) ‘‘Consumer’’ means any end user of elec- tric power. (6) ‘‘Council’’ means, unless otherwise spe- cifically provided, the members appointed to the Pacific Northwest Electric Power and Con- servation Planning Council established pursu- ant to section 839b of this title. (7) ‘‘Customer’’ means anyone who contracts for the purchase of power from the Adminis- trator pursuant to this chapter. (8) ‘‘Direct service industrial customer’’ means an industrial customer that contracts for the purchase of power from the Adminis- trator for direct consumption. (9) ‘‘Electric power’’ means electric peaking capacity, or electric energy, or both. (10) ‘‘Federal base system resources’’ means— (A) the Federal Columbia River Power System hydroelectric projects; (B) resources acquired by the Adminis- trator under long-term contracts in force on December 5, 1980; and (C) resources acquired by the Adminis- trator in an amount necessary to replace re- ductions in capability of the resources re- ferred to in subparagraphs (A) and (B) of this paragraph. (11) ‘‘Indian tribe’’ means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the Secretary of the In- terior. (12) ‘‘Major resource’’ means any resource that— (A) has a planned capability greater than fifty average megawatts, and (B) if acquired by the Administrator, is ac- quired for a period of more than five years. Such term does not include any resource ac- quired pursuant to section 838i(b)(6) of this title. (13) ‘‘New large single load’’ means any load associated with a new facility, an existing fa- cility, or an expansion of an existing facility— (A) which is not contracted for, or com- mitted to, as determined by the Adminis- trator, by a public body, cooperative, inves- tor-owned utility, or Federal agency cus- tomer prior to September 1, 1979, and Page 1521 TITLE 16—CONSERVATION § 839b (B) which will result in an increase in power requirements of such customer of ten average megawatts or more in any consecu- tive twelve-month period. (14) ‘‘Pacific Northwest’’, ‘‘region’’, or ‘‘re- gional’’ means— (A) the area consisting of the States of Or- egon, Washington, and Idaho, the portion of the State of Montana west of the Conti- nental Divide, and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin; and (B) any contiguous areas, not in excess of seventy-five air miles from the area referred to in subparagraph (A), which are a part of the service area of a rural electric coopera- tive customer served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without such region. (15) ‘‘Plan’’ means the Regional Electric Power and Conservation plan (including any amendments thereto) adopted pursuant to this chapter and such plan shall apply to actions of the Administrator as specified in this chapter. (16) ‘‘Renewable resource’’ means a resource which utilizes solar, wind, hydro, geothermal, biomass, or similar sources of energy and which either is used for electric power genera- tion or will reduce the electric power require- ments of a consumer, including by direct ap- plication. (17) ‘‘Reserves’’ means the electric power needed to avert particular planning or oper- ating shortages for the benefit of firm power customers of the Administrator and available to the Administrator (A) from resources or (B) from rights to interrupt, curtail, or otherwise withdraw, as provided by specific contract pro- visions, portions of the electric power supplied to customers. (18) ‘‘Residential use’’ or ‘‘residential load’’ means all usual residential, apartment, sea- sonal dwelling and farm electrical loads or uses, but only the first four hundred horse- power during any monthly billing period of farm irrigation and pumping for any farm. (19) ‘‘Resource’’ means— (A) electric power, including the actual or planned electric power capability of gener- ating facilities, or (B) actual or planned load reduction re- sulting from direct application of a renew- able energy resource by a consumer, or from a conservation measure. (20) ‘‘Secretary’’ means the Secretary of En- ergy. (Pub. L. 96–501, § 3, Dec. 5, 1980, 94 Stat. 2698.) § 839b. Regional planning and participation (a) Pacific Northwest Electric Power and Con- servation Planning Council; establishment and operation as regional agency (1) The purposes of this section are to provide for the prompt establishment and effective oper- ation 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 responsibil- ities and functions under this chapter. (2) To achieve such purposes and facilitate co- operation among the States of Idaho, Montana, Oregon, and Washington, and with the Bonne- ville Power Administration, the consent of Con- gress 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 Elec- tric Power and Conservation Planning Coun- cil’’ which (i) shall have its offices in the Pa- cific Northwest, (ii) shall carry out its func- tions and responsibilities in accordance with the provisions of this chapter, (iii) shall con- tinue 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 instrumen- tality of the United States for the purpose of any Federal law; and (B) two persons from each State may be ap- pointed, subject to the applicable laws of each such State, to undertake the functions and du- ties 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, subject to applicable State law, by June 30, 1981, by at least three of such States shall constitute an agreement by the States establishing the Coun- cil and such agreement is hereby consented to by the Congress. Upon request of the Governors of two of the States, the Secretary shall extend the June 30, 1981, date for six additional months to provide more time for the States to make such appointments. (3) Except as otherwise provided by State law, each member appointed to the Council shall serve for a term of three years, except that, with respect to members initially appointed, each Governor shall designate one member to serve a term of two years and one member to serve a term of three years. The members of the Council shall select from among themselves a chairman. The members and officers and employees of the Council shall not be deemed to be officers or em- ployees of the United States for any purpose. The Council shall appoint, fix compensation, as- sign and delegate duties to such executive and additional personnel as the Council deems nec- essary to fulfill its functions under this chapter, taking into account such information and anal- yses as are, or are likely to be, available from other sources pursuant to provisions of this chapter. The compensation of the members shall be fixed by State law. The compensation of the members and the officers shall not exceed the rate prescribed for Federal officers and positions at step 1 of level GS–18 of the General Schedule. (4) For the purpose of providing a uniform sys- tem of laws, in addition to this chapter, applica- ble to the Council relating to the making of con- tracts, conflicts-of-interest, financial disclosure, open meetings of the Council, advisory commit- tees, disclosure of information, judicial review