-CITE-

16 USC CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER

PREFERENCE; RECIPROCAL PRIORITY IN OTHER

REGIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

.

-HEAD-

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-MISC1-

Sec.

837. Definitions.

837a. Limitation of sale, delivery, and exchange of electric energy

and electric peaking capacity for use outside Pacific Northwest

to surplus energy and surplus peaking capacity; notice to

customers; inspection of contract drafts.

837b. Contract terms and conditions for use of electric energy

outside Pacific Northwest.

(a) Surplus energy; discontinuance of deliveries to

maintain ability to meet requirements of

Pacific Northwest customers; purchaser's

responsibility for hardships; deliveries by

non-Federal utility for use on contiguous

distribution system not deemed deliveries for

use outside Pacific Northwest.

(b) Conservable electric energy; provisional basis

for delivery; return of energy to meet

requirements of Pacific Northwest customers;

time and extent of return of energy.

(c) Surplus peaking capacity; termination clause;

advance or return of energy; time of return of

energy; sale under subsection (a) conditions.

(d) Determination of energy requirements of Pacific

Northwest non-Federal utility customer;

exclusion of conservable energy; sale of

surplus energy to the utility.

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

provisions.

837g. Transmission lines between Pacific Northwest and Pacific

Southwest; prohibition against construction of lines or related

facilities; exceptions of lines and facilities recommended by

Secretary or authorized by Congress; authority of Secretary to

construct other transmission lines unaffected.

837g-1. Construction of additional facilities by Secretary 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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 838, 839c, 839f of this

title.

-CITE-

16 USC Sec. 837 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837. Definitions

-STATUTE-

As used in this chapter -

(a) ''Secretary'' means the Secretary of Energy.

(b) ''Pacific Northwest'' means (1) the region consisting of the

States of Oregon and Washington, the State of Montana west of the

Continental Divide, and such portions of the States of Nevada,

Utah, and Wyoming within the Columbia 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 Administrator on December 5,

1980, which has a distribution system from which it serves both

within 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 established

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

controlled by, (2) which is controlled by those controlling such

utility, or (3) of which such utility is a member.

(f) ''Energy requirements of any Pacific Northwest customer''

means the full requirements for electric energy of (1) any

purchaser from the United States for direct consumption in the

Pacific Northwest, and (2) any non-Federal utility in that region

in excess of (i) the hydroelectric energy available for its own use

from its generating 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 Important Power and Rate Terms prepared under the supervision of

the Federal Power Commission.

-SOURCE-

(Pub. L. 88-552, Sec. 1, Aug. 31, 1964, 78 Stat. 756; Pub. L.

95-91, title III, Sec. 302(a), Aug. 4, 1977, 91 Stat. 578; Pub. L.

96-501, Sec. 8(e), Dec. 5, 1980, 94 Stat. 2729.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b)(2). Pub. L. 96-501 substituted ''(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 Administrator on December 5,

1980, which has a distribution 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 cooperative which

has (i) no generating facilities, and (ii) a distribution system

from which it serves both within and without said region''.

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.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Secretary of the

Interior'' in subsec. (a) pursuant to Pub. L. 95-91, Sec. 302(a),

which is classified to section 7152(a) of Title 42, The Public

Health and Welfare.

Federal Power Commission terminated and the functions, personnel,

property, funds, etc., thereof transferred to Secretary of Energy

(except for certain functions transferred to Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835k of this title.

-CITE-

16 USC Sec. 837a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837a. Limitation of sale, delivery, and exchange of electric

energy and electric peaking capacity for use outside Pacific

Northwest to surplus energy and surplus peaking capacity;

notice to customers; inspection of contract drafts

-STATUTE-

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 exchange of

surplus energy or surplus peaking capacity 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 pending, and thereafter, at

any customer's request, make available for its inspection current

drafts of the proposed contract.

-SOURCE-

(Pub. L. 88-552, Sec. 2, Aug. 31, 1964, 78 Stat. 756.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary 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

organizational entity within Department of Energy and headed by an

Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 832m, 837c, 837d, 839f of

this title.

-CITE-

16 USC Sec. 837b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837b. Contract terms and conditions for use of electric energy

outside Pacific Northwest

-STATUTE-

(a) Surplus energy; discontinuance of deliveries to maintain

ability to meet requirements of Pacific Northwest customers;

purchaser's responsibility for hardships; deliveries by

non-Federal utility for use on contiguous distribution system

not deemed deliveries for use outside Pacific Northwest

Any contract for the sale or exchange of surplus energy for use

outside the Pacific Northwest, or as replacement, directly or

indirectly, within the Pacific Northwest for hydroelectric energy

delivered for use outside that region by a non-Federal utility,

shall provide that the Secretary, after giving the purchaser notice

not in excess of sixty days, will not deliver electric energy under

such contract whenever it can reasonably be foreseen that such

delivery would impair his ability to meet, either at or after the

time of such delivery, the energy requirements of any Pacific

Northwest customer. The purchaser shall obligate himself not to

take delivery of or use any such energy to supply any load under

such conditions that discontinuance of deliveries from the Pacific

Northwest in sixty days would cause undue hardship to the purchaser

or in his territory, and, further, the purchaser shall acknowledge

full responsibility if any such hardship occurs. Deliveries by a

non-Federal utility from its generating plants in the Pacific

Northwest for use on its own distribution system in an area outside

but contiguous to the Pacific Northwest (not including any

extension of its outside service area by merger or acquisition

after August 31, 1964) shall not be deemed deliveries by such

utility for use outside the Pacific Northwest.

(b) Conservable electric energy; provisional basis for delivery;

return of energy to meet requirements of Pacific Northwest

customers; time and extent of return of energy

Electric energy generated at Federal hydroelectric plants in the

Pacific Northwest which can be conserved, for which there is no

immediate demand in the Pacific Northwest at any established rate,

but for which the Secretary determines there may be a demand in

meeting the future requirements of the Pacific Northwest, may be

delivered for use outside that region only on a provisional basis

under contracts providing that if the Secretary determines at a

subsequent time that, by virtue of prior deliveries under such

contract, the Secretary is or will be unable to meet the energy

requirements of any Pacific Northwest customer, the purchaser will

return the full amount of energy delivered to him, or such portion

or portions thereof as may be required, at such time or times as

may be specified by the Secretary, except that the Secretary shall

not require return during the purchaser's daily peak periods. The

Secretary shall require the return of the energy provisionally

delivered hereunder, to such extent and at such times, as may be

necessary to meet demands at any established rate for use within

the Pacific Northwest.

(c) Surplus peaking capacity; termination clause; advance or return

of energy; time of return of energy; sale under subsection (a)

conditions

Any contract for the disposition of surplus peaking capacity

shall provide that (1) the Secretary may terminate the contract

upon notice not in excess of sixty months, and (2) the purchaser

shall advance or return the energy necessary to supply the peaking

capacity, except that the Secretary shall not require such advance

or return during the purchaser's daily peak periods. The Secretary

may contract for the sale of such energy to the purchaser, in lieu

of its return, under the conditions prescribed in subsection (a) of

this section.

(d) Determination of energy requirements of Pacific Northwest

non-Federal utility customer; exclusion of conservable energy;

sale of surplus energy to the utility

The Secretary, in making any determination of the energy

requirements of any Pacific Northwest customer which is a

non-Federal utility having hydroelectric generating facilities,

shall exclude any amounts of hydroelectric energy generated in the

Pacific Northwest and disposed of outside the Pacific Northwest by

the utility which, through reasonable measures, could have been

conserved or otherwise kept available for the utility's own needs

in the Pacific Northwest. The Secretary may sell the utility as a

replacement therefor only what would otherwise be surplus energy.

-SOURCE-

(Pub. L. 88-552, Sec. 3, Aug. 31, 1964, 78 Stat. 756.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 832m, 837c, 837d, 839f of

this title.

-CITE-

16 USC Sec. 837c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

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

-STATUTE-

Any contract of the Secretary for the sale or exchange of

electric energy generated at, or peaking capacity of, Federal

hydroelectric plants in marketing areas outside the Pacific

Northwest for use within the Pacific Northwest shall be subject to

limitations and conditions corresponding to those provided in

sections 837a and 837b of this title for any contract for the sale

or exchange of hydroelectric energy or peaking capacity generated

within the Pacific Northwest for use outside the Pacific Northwest.

-SOURCE-

(Pub. L. 88-552, Sec. 4, Aug. 31, 1964, 78 Stat. 757.)

-CITE-

16 USC Sec. 837d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837d. Exchange contracts

-STATUTE-

Without regard to the limitations specified in sections 837a and

837b of this title, the Secretary may enter into contracts for the

exchange with areas other than the Pacific Northwest of (1) surplus

energy during the Pacific Northwest storage refill period, (2) any

hydroelectric energy during the Pacific Northwest storage refill

period which will be returned to the Pacific Northwest in equal

amounts during the same Pacific Northwest refill period or the

succeeding storage drawdown period, (3) any hydroelectric energy

which will be returned to the Pacific Northwest in equal amounts

during the same Pacific Northwest storage drawdown period, (4)

hydroelectric peaking capacity, or (5) surplus peaking capacity for

energy. All benefits from such exchanges, including resulting

increases of firm power, shall be shared equitably by the areas

involved, having regard to the secondary energy and other

contributions made by each.

-SOURCE-

(Pub. L. 88-552, Sec. 5, Aug. 31, 1964, 78 Stat. 758.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 839f of this title.

-CITE-

16 USC Sec. 837e 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837e. Transmission lines for other electric energy; rates

-STATUTE-

Any capacity in Federal transmission lines connecting, either by

themselves or with non-Federal lines, a generating plant in the

Pacific Northwest or Canada with the other area or with any other

area outside the Pacific Northwest, which is not required for the

transmission of Federal energy or the energy described in section

837h of this title, shall be made available as a carrier for

transmission of other electric energy between such areas. The

transmission of other electric energy shall be at equitable rates

determined by the Secretary, but such rates shall be subject to

equitable adjustment at appropriate intervals not less frequently

than once in every five years as agreed to by the parties. No

contract for the transmission of non-Federal energy on a firm basis

shall be affected by any increase, subsequent to the execution of

such contract, in the requirements for transmission of Federal

energy, the energy described in section 837h of this title, or

other electric energy.

-SOURCE-

(Pub. L. 88-552, Sec. 6, Aug. 31, 1964, 78 Stat. 758.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 837h of this title.

-CITE-

16 USC Sec. 837f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837f. Purchaser priority on Pacific Northwest power; amendment

of existing contracts and new contracts to include priority

provisions

-STATUTE-

The Secretary shall offer to amend, without imposing any other

requirements as a condition to such amendment, all existing

contracts for the sale or exchange of electric power generated at

Federal hydroelectric plants in the Pacific Northwest to include,

and shall include in all new contracts, provisions giving the

purchaser priority on electric power generated at such plants in

conformity with the provisions of this chapter.

-SOURCE-

(Pub. L. 88-552, Sec. 7, Aug. 31, 1964, 78 Stat. 758.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 832m, 839f of this title.

-CITE-

16 USC Sec. 837g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837g. Transmission lines between Pacific Northwest and Pacific

Southwest; prohibition against construction of lines or related

facilities; exceptions of lines and facilities recommended by

Secretary or authorized by Congress; authority of Secretary to

construct other transmission lines unaffected

-STATUTE-

No electric transmission lines or related facilities shall be

constructed by any Federal agency outside the Pacific Northwest for

the purpose of transmitting electric energy between the Pacific

Northwest and Pacific Southwest, nor shall any arrangement for

transmission capacity be executed by any Federal agency for the

purpose of financing such lines and related facilities to be

constructed by non-Federal entities, except those lines and

facilities recommended for Federal construction in the Report of

the Secretary of the Interior submitted to Congress on June 24,

1964, as supplemented on July 27, 1964, or as hereafter

specifically authorized by Congress: Provided, That, except with

respect to electric transmission lines and related facilities for

the purpose of transmitting electric energy between the two regions

above mentioned, nothing herein shall be construed as expanding or

diminishing in any way the present authority of the Secretary of

Energy to construct transmission lines to market power and energy.

-SOURCE-

(Pub. L. 88-552, Sec. 8, Aug. 31, 1964, 78 Stat. 758; Pub. L.

95-91, title III, Sec. 302(a), Aug. 4, 1977, 91 Stat. 578.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Secretary of the

Interior'' in the proviso in text pursuant to Pub. L. 95-91, Sec.

302(a), which is classified to section 7152(a) of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 837g-1 of this title.

-CITE-

16 USC Sec. 837g-1 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 837g-1. Construction of additional facilities by Secretary of

Energy for mutually beneficial power sales between Pacific

Northwest and California; contribution of funds by non-Federal

entities

-STATUTE-

Notwithstanding the provisions of section 837g of this title, the

Secretary of Energy is authorized to construct or participate in

the construction of such additional facilities as he deems

necessary to allow mutually beneficial power sales between the

Pacific Northwest and California and to accept funds contributed by

non-Federal entities for that purpose.

-SOURCE-

(Pub. L. 98-360, title III, July 16, 1984, 98 Stat. 416.)

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 88-552 which comprises

this chapter.

-CITE-

16 USC Sec. 837h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;

RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-

Sec. 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

-STATUTE-

The provisions of this chapter shall not be applicable to (1) the

Canyon Ferry project and (2), except as provided in section 837e of

this title, downstream power benefits to which Canada is entitled

under the treaty between Canada and the United States relating to

the cooperative development of the water resources of the Columbia

River Basin, signed at Washington, January 17, 1961, nor to energy

or capacity disposed of to Canada in any exchange pursuant to

paragraph 1 or 2 of article VIII thereof. Nothing in this chapter

shall be construed to modify the geographical preference of power

users in the State of Montana which is established by the Hungry

Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as amended.

-SOURCE-

(Pub. L. 88-552, Sec. 9, Aug. 31, 1964, 78 Stat. 758.)

-REFTEXT-

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, as amended, which is classified to sections 593a

and 593b of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 837e of this title.

-CITE-