All power sales under this chapter shall be subject at all times to the preference and priority provisions of the Bonneville Project Act of 1937 (and following) and, in particular, sections 4 and 5 thereof [ and ]. Such sales shall be at rates established pursuant to section of this title.
In determining the resources which are used to serve a firm load, for purposes of subparagraphs (A) and (B), any resources used to serve a firm load under such subparagraphs shall be treated as continuing to be so used, unless such use is discontinued with the consent of the Administrator, or unless such use is discontinued because of obsolescence, retirement, loss of resource, or loss of contract rights.
The formula referred to in subparagraph (C) shall obligate the Administrator to provide on an annual basis only firm power needed to serve the portion of such customer's firm load in excess of the capability of such customer's own firm resources determined by such customer under paragraph (1) of this subsection to be used to serve its firm load.
unless the Council has determined such sale is consistent with the plan. After such determination by the Administrator and by the Council, the Administrator is authorized to offer to existing direct service industrial customers power in such amounts in excess of the amount permitted under paragraph (1) of this subsection as the Administrator determines to be necessary to provide additional power system reserves to meet the region's firm loads.
The Administrator is authorized to sell, or otherwise dispose of, electric power, including power acquired pursuant to this and other Acts, that is surplus to his obligations incurred pursuant to subsections (b), (c), and (d) of this section in accordance with this and other Acts applicable to the Administrator, including the Bonneville Project Act of 1937 ( and following), the Federal Columbia River Transmission System Act ( and following), and the Act of August 31, 1964 ( 16 U.S.C. 837-837h ).
16 U.S.C. § 839c
REFERENCES IN TEXTThe Bonneville Project Act of 1937, referred to in subsecs. (a), (b)(1), and (f), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, which is classified generally to chapter 12B (§832 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sectionof this title and Tables. The Federal Columbia River Transmission System Act, referred to in subsec. (f), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat. 1376, which is classified generally to chapter 12G (§838 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section of this title and Tables.Act of August 31, 1964, referred to in subsec. (f), is Pub. L. 88-552, Aug. 31, 1964, 78 Stat. 756, which is classified generally to chapter 12F (§837 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
AMENDMENTS2000-Subsec. (b)(7). Pub. L. 106-273 added par. (7).
- "Administrator" means the Administrator of the Bonneville Power Administration.
- "Consumer" means any end user of electric power.
- "Council" means, unless otherwise specifically provided, the members appointed to the Pacific Northwest Electric Power and Conservation Planning Council established pursuant to section 839b of this title.
- "Customer" means anyone who contracts for the purchase of power from the Administrator pursuant to this chapter.
- Direct service industrial customer
- "Direct service industrial customer" means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption.
- Electric power
- "Electric power" means electric peaking capacity, or electric energy, or both.
- Federal base system resources
- "Federal base system resources" means-(A) the Federal Columbia River Power System hydroelectric projects;(B) resources acquired by the Administrator under long-term contracts in force on December 5, 1980; and(C) resources acquired by the Administrator in an amount necessary to replace reductions in capability of the resources referred to in subparagraphs (A) and (B) of this paragraph.
- New large single load
- "New large single load" means any load associated with a new facility, an existing facility, or an expansion of an existing facility-(A) which is not contracted for, or committed to, as determined by the Administrator, by a public body, cooperative, investor-owned utility, or Federal agency customer prior to September 1, 1979, and(B) which will result in an increase in power requirements of such customer of ten average megawatts or more in any consecutive twelve-month period.
- "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.
- "Reserves" means the electric power needed to avert particular planning or operating 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 provisions, portions of the electric power supplied to customers.
- "Resource" means-(A) electric power, including the actual or planned electric power capability of generating facilities, or(B) actual or planned load reduction resulting from direct application of a renewable energy resource by a consumer, or from a conservation measure.