16 U.S.C. § 838f — Marketing of Federal power; sales agent

Page 1511 TITLE 16—CONSERVATION § 838f provements, betterments, and additions to and replacements of such system within the Pacific Northwest as he determines are appropriate and required to: (a) integrate and transmit the electric power from existing or additional Federal or non- Federal generating units; (b) provide service to the Administrator’s customers; (c) provide interregional transmission facili- ties; or (d) maintain the electrical stability and electrical reliability of the Federal system: Provided, however, That the Administrator shall not construct any transmission facilities outside the Pacific Northwest, excepting cus- tomer service facilities within 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 cooperative which has (i) no generating facilities, and (ii) a distribution system from which it serves both within and without said region, nor shall he commence construction of any major trans- mission facility within the Pacific Northwest, unless the expenditure of the funds for the ini- tiation of such construction is specifically ap- proved by Act of Congress. (Pub. L. 93–454, § 4, Oct. 18, 1974, 88 Stat. 1376; Pub. L. 95–91, title III, § 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted in text for ‘‘Sec- retary of the Interior’’ pursuant to Pub. L. 95–91, § 302(a)(1)(D), which is classified to section 7152(a)(1)(D) of Title 42, The Public Health and Welfare. § 838c. Acquisition by condemnation of trans- mission facilities (a) Approval by Congress; exceptions Unless specifically authorized by Act of Con- gress, the Administrator shall not expend funds made available under this chapter, other than funds specifically appropriated by the Congress for such purpose, to acquire any operating trans- mission facility by condemnation: Provided, That this provision shall not restrict the acqui- sition of the right to cross such a facility by condemnation. (b) Notice of request for approval for construc- tion or condemnation to contracting or inter- connected entities in Pacific Northwest At least sixty days prior to the time a request for approval or authority under this section or section 838b of this title is sent to Congress, the Administrator shall give notice of such request to entities in the Pacific Northwest with which the Administrator has power sales or exchange contracts or transmission contracts or which have a transmission interconnection with the Federal transmission system. (Pub. L. 93–454, § 5, Oct. 18, 1974, 88 Stat. 1377.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. § 838d. Transmission of non-Federal power The Administrator shall make available to all utilities on a fair and nondiscriminatory basis, any capacity in the Federal transmission sys- tem which he determines to be in excess of the capacity required to transmit electric power generated or acquired by the United States. (Pub. L. 93–454, § 6, Oct. 18, 1974, 88 Stat. 1377.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. § 838e. Acquisition of property Subject to the provisions of section 838c of this title the Administrator may purchase or lease or otherwise acquire and hold such real and personal property in the name of the United States as he deems necessary or appropriate to carry out his duties pursuant to law. (Pub. L. 93–454, § 7, Oct. 18, 1974, 88 Stat. 1377.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. § 838f. Marketing of Federal power; sales agent The Administrator is hereby designated as the marketing agent for all electric power generated by Federal generating plants in the Pacific Northwest, constructed by, under construction by, or presently authorized for construction by the Bureau of Reclamation or the United States Corps of Engineers except electric power re- quired for the operation of each Federal project and except electric power from the Green Springs project of the Bureau of Reclamation. (Pub. L. 93–454, § 8, Oct. 18, 1974, 88 Stat. 1377.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, Page 1512 TITLE 16—CONSERVATION § 838g transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, and are to be exercised by Secretary through a separate Administration within Department of Energy. § 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 Schedules of rates and charges for the sale, in- cluding dispositions to Federal agencies, of all electric power made available to the Adminis- trator pursuant to section 838f of this title or otherwise acquired, and for the transmission of non-Federal electric power over the Federal transmission system, shall become effective upon confirmation and approval thereof by the Secretary of Energy. Such rate schedules may be modified from time to time by the Secretary of Energy, acting by and through the Adminis- trator, subject to confirmation and approval by the Secretary of Energy, and shall be fixed and established (1) with a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to consumers con- sistent with sound business principles, (2) hav- ing regard to the recovery (upon the basis of the application of such rate schedules to the capac- ity of the electric facilities of the projects) of the cost of producing and transmitting such electric power, including the amortization of the capital investment allocated to power over a reasonable period of years and payments pro- vided for in section 838i(b)(9) of this title, and (3) at levels to produce such additional revenues as may be required, in the aggregate with all other revenues of the Administrator, to pay when due the principal of, premiums, discounts, and ex- penses in connection with the issuance of and interest on all bonds issued and outstanding pur- suant to this chapter, and amounts required to establish and maintain reserve and other funds and accounts established in connection there- with. (Pub. L. 93–454, § 9, Oct. 18, 1974, 88 Stat. 1377; Pub. L. 95–91, title III, §§ 301(b), 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted in text for ‘‘Sec- retary of the Interior’’ and ‘‘Federal Power Commis- sion’’ pursuant to Pub. L. 95–91, §§ 301(b), 302(a)(1)(D), which are classified to sections 7151(b) and 7152(a)(1)(D) 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. Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator. § 838h. Uniform schedules of rates and charges for sale of Federal power and transmission of non-Federal power; allocation of cost recov- ery The said schedules of rates and charges for transmission, the said schedules of rates and charges for the sale of electric power, or both such schedules, may provide, among other things, for uniform rates or rates uniform throughout prescribed transmission areas. The recovery of the cost of the Federal transmission system shall be equitably allocated between Federal and non-Federal power utilizing such system. (Pub. L. 93–454, § 10, Oct. 18, 1974, 88 Stat. 1378.) § 838i. Bonneville Power Administration fund (a) Establishment; composition; availability of transferred funds for expenditures There is hereby established in the Treasury of the United States a Bonneville Power Adminis- tration fund (hereinafter referred to as the ‘‘fund’’). The fund shall consist of (1) all re- ceipts, collections, and recoveries of the Admin- istrator in cash from all sources, including trust funds, (2) all proceeds derived from the sale of bonds by the Administrator, (3) any appropria- tions made by the Congress for the fund, and (4) the following funds which are hereby transferred to the Administrator: (i) all moneys in the spe- cial account in the Treasury established pursu- ant to Executive Order Numbered 8526 dated Au- gust 26, 1940, (ii) the unexpended balances in the continuing fund established by the provisions of section 832j of this title, and (iii) the unexpended balances of funds appropriated or otherwise made available for the Bonneville Power Admin- istration. All funds transferred hereunder shall be available for expenditure by the Secretary of Energy, acting by and through the Adminis- trator, as authorized in this chapter and any other Act relating to the Federal Columbia River transmission system, subject to such limi- tations as may be prescribed by any applicable appropriation act effective during such period as may elapse between their transfer and the ap- proval by the Congress of the first subsequent annual budget program of the Administrator. (b) Authorized purposes of expenditures The Administrator may make expenditures from the fund, which shall have been included in his annual budget submitted to Congress, with- out further appropriation and without fiscal year limitation, but within such specific direc- tives or limitations as may be included in appro- priation acts, for any purpose necessary or ap- propriate to carry out the duties imposed upon the Administrator pursuant to law, including but not limited to— (1) construction, acquisition, and replace- ment of (i) the transmission system, including facilities and structures appurtenant thereto, and (ii) additions, improvements, and better- ments thereto (hereinafter in this chapter re- ferred to as ‘‘transmission system’’); (2) operation, maintenance, repair, and relo- cation, to the extent such relocation is not provided for under subsection (1) above, of the transmission system;