16 U.S.C. § 837 — Definitions

Page 1507 TITLE 16—CONSERVATION § 837a Sec. 837c. Contract limitations and conditions for use of electric energy and peaking capacity of plants in other marketing areas for use within Pacific Northwest. 837d. Exchange contracts. 837e. Transmission lines for other electric energy; rates. 837f. Purchaser priority on Pacific Northwest power; amendment of existing contracts and new contracts to include priority provi- sions. 837g. Transmission lines between Pacific North- west and Pacific Southwest; prohibition against construction of lines or related fa- cilities; exceptions of lines and facilities recommended by Secretary or authorized by Congress; authority of Secretary to con- struct other transmission lines unaffected. 837g–1. Construction of additional facilities by Sec- retary of Energy for mutually beneficial power sales between Pacific Northwest and California; contribution of funds by non- Federal entities. 837h. Provisions not applicable to Canyon Ferry project or benefits and exchanges under Treaty between Canada and United States; preference of power users in Montana not modified. § 837. Definitions As used in this chapter— (a) ‘‘Secretary’’ means the Secretary of En- ergy. (b) ‘‘Pacific Northwest’’ means (1) the region consisting of the States of Oregon and Wash- ington, the State of Montana west of the Conti- nental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Colum- bia 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 Admin- istrator on December 5, 1980, which has a dis- tribution system from which it serves both with- in 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 es- tablished 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 con- trolled by, (2) which is controlled by those con- trolling such utility, or (3) of which such utility is a member. (f) ‘‘Energy requirements of any Pacific North- west customer’’ means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pa- cific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy available for its own use from its gener- ating plants in the Pacific Northwest, and (ii) any additional energy available for use in the Pacific Northwest which, under a then existing contract, the utility (A) can obtain at no higher incremental cost than the rate charged by the United States, or (B) is required to accept. (g) Terms not defined herein shall, unless the context requires otherwise, have the meaning given them in the March 1949 Glossary of Impor- tant Power and Rate Terms prepared under the supervision of the Federal Power Commission. (Pub. L. 88–552, § 1, Aug. 31, 1964, 78 Stat. 756; Pub. L. 95–91, title III, § 302(a), Aug. 4, 1977, 91 Stat. 578; Pub. L. 96–501, § 8(e), Dec. 5, 1980, 94 Stat. 2729.) Editorial Notes AMENDMENTS 1980—Subsec. (b)(2). Pub. L. 96–501 substituted ‘‘(2) any contiguous areas, not in excess of seventy-five air- line 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 dis- tribution system from which it serves both within and without said region’’ for ‘‘(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 distribution co- operative which has (i) no generating facilities, and (ii) a distribution system from which it serves both within and without said region’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–501 effective Dec. 5, 1980, see section 11 of Pub. L. 96–501, set out as an Effective Date note under section 839 of this title. TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Secretary of the Interior’’ in subsec. (a) pursuant to Pub. L. 95–91, § 302(a), which is classified to section 7152(a) of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42. § 837a. Limitation of sale, delivery, and exchange of electric energy and electric peaking ca- pacity for use outside Pacific Northwest to surplus energy and surplus peaking capacity; notice to customers; inspection of contract drafts Subject to the provisions of this chapter, the sale, delivery, and exchange of electric energy generated at, and peaking capacity of, Federal hydroelectric plants in the Pacific Northwest for use outside the Pacific Northwest shall be limited to surplus energy and surplus peaking capacity. At least 30 days prior to the execution of any contract for the sale, delivery, or ex- change of surplus energy or surplus peaking ca- pacity for use outside the Pacific Northwest, the Secretary shall give the then customers of the Bonneville Power Administration written notice that negotiations for such a contract are pend- ing, and thereafter, at any customer’s request, make available for its inspection current drafts of the proposed contract. (Pub. L. 88–552, § 2, Aug. 31, 1964, 78 Stat. 756.)