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40 USC CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY

EFFICIENCY SWAP 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

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CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

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Sec.

17901. Definitions.

17902. Sale of electric energy.

17903. Purchase of electric power.

17904. Implementation powers and limitations.

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40 USC Sec. 17901 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

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Sec. 17901. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Federal agency. - The term "federal agency" means a

department, agency, or instrumentality of the Federal Government.

(2) Federally generated electric energy. - The term "federally

generated electric energy" means any electric power generated by

an electric generating facility owned and operated by a federal

agency.

(3) Non-federal person. - The term "non-federal person" means a

corporation, cooperative, municipality, or other non-federal

entity that generates electric energy through a facility other

than a federally owned electric generating facility.

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(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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17901 40:795. Pub. L. 96-571, Sec. 2, Dec.

22, 1980, 94 Stat. 3341.

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In clause (1), the definition of "agency" as referring to the

head of any department, agency, or instrumentality of the United

States Government is rewritten as a definition of "federal agency"

to avoid confusion between the role of the "agency" and the "head

of the agency". Throughout the chapter, the words "head of the

federal agency" are used when the source provision is referring to

action taken by an official as opposed to the concept of the agency

as an institution.

In clause (3), the text of 40:795(1) and (4) is combined to

eliminate a definition (40:795(1)) that is used only once.

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40 USC Sec. 17902 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-

Sec. 17902. Sale of electric energy

-STATUTE-

(a) In General. - To conserve oil and natural gas and better

utilize coal, the head of a federal agency may sell, or enter into

a contract to sell, to any non-federal person electric energy

generated by coal-fired electric generating facilities of that

agency in Alaska without regard to any provision of law that

precludes the sale when the electric energy to be sold is available

from other local sources, if the head of the federal agency

determines that -

(1) the electric energy to be sold is generated by an existing

coal-fired generating facility;

(2) the electric energy to be sold is surplus to the federal

agency's needs and is in excess of the electric energy

specifically generated for consumption by, or necessary to serve

the requirements of, another federal agency;

(3) the cost to the ultimate consumers of the electric energy

to be sold is less than the cost that, in the absence of the

sale, would be incurred by those consumers for the purchase of an

equivalent amount of energy; and

(4) the sale will reduce the total consumption of oil or

natural gas by the non-federal person purchasing the electric

energy below the level of consumption that would occur in the

absence of the sale.

(b) Pricing Policies. - Federally generated electric energy sold

by the head of a federal agency under subsection (a) shall be

priced to recover the fuel and variable operation and maintenance

costs of the facility generating the energy that are attributable

to that sale, plus an amount equal to one-half the difference

between -

(1) the costs of producing the electric energy by coal

generation; and

(2) the costs of producing electric energy by the oil or gas

generation being displaced.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1289.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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17902 40:795a. Pub. L. 96-571, Sec. 3, Dec.

22, 1980, 94 Stat. 3341.

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In subsection (a), the words "to be sold" are added for clarity.

In clause (4), the words "below the level of consumption that" are

substituted for "below that consumption which" for clarity.

In subsection (b), before clause (1), the words "fuel and

variable operation and maintenance costs of the facility generating

the energy that are attributable to that sale" are substituted for

"fuel costs and variable operation and maintenance costs of the

Federal generating facility concerned which costs are attributable

to such sale" for clarity.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17904 of this title.

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40 USC Sec. 17903 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-

Sec. 17903. Purchase of electric power

-STATUTE-

For purposes of economy, efficiency, and conserving oil and

natural gas, the head of a federal agency, when practicable and

consistent with other laws and requirements applicable to that

agency, shall endeavor to purchase electric energy from a

non-federal person for consumption in Alaska by a facility of that

agency when (taking into account the remaining useful life of any

facility available to that agency to generate electric energy for

that agency and the cost of maintaining the facility on a standby

basis) the purchase will result in -

(1) a savings to other consumers of electric energy sold by

that non-federal person without increasing the cost incurred by

any federal agency for electric energy; or

(2) a cost savings to the federal agency purchasing the

electric energy without increasing costs to other consumers of

electric energy.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1289.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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17903 40:795b. Pub. L. 96-571, Sec. 4, Dec.

22, 1980, 94 Stat. 3342.

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In this section, before clause (1), the words "electric energy"

are substituted for "electric power" for consistency in the revised

section.

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40 USC Sec. 17904 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

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Sec. 17904. Implementation powers and limitations

-STATUTE-

(a) Accommodation of Needs for Electric Energy. - This chapter

does not require or authorize a federal agency to construct a new

electric generating facility or related facility, to modify an

existing facility, or to employ reserve or standby equipment to

accommodate the needs of a non-federal person for electric energy.

(b) Availability of Revenue From Sales. - Revenue received by a

federal agency pursuant to section 17902 of this title from the

sale of electric energy generated from a facility of that agency is

available to the agency without fiscal year limitation to purchase

fuel and for operation, maintenance, and other costs associated

with that facility.

(c) Exercise of Authorities. - The authority under this chapter

shall be exercised for those periods and pursuant to terms and

conditions that the head of the federal agency concerned decides

are necessary consistent with -

(1) this chapter; and

(2) responsibilities of the head of the federal agency under

other law.

(d) Negotiation and Execution of Contracts and Other Agreements.

- A contract or other agreement executed under this chapter shall

be negotiated and executed by the head of the federal agency

selling or purchasing electric energy under this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1290.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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17904 40:795c. Pub. L. 96-571, Sec. 5, Dec.

22, 1980, 94 Stat. 3342.

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In subsection (a), the words "federal agency" are substituted for

"department, agency, or instrumentality of the United States

Government" because of the definition of "federal agency" in

section 17901 of this title.

In subsection (d), the words "notwithstanding any other provision

of law" are omitted as unnecessary.

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