Reports & papers Northwest Power Act

839d. Conservation and resource acquisition

839d(a). Conservation measures; resources

839d(a)(1). The Administrator shall acquire such resources through conservation, implement all such conservation measures, and acquire such renewable resources which are installed by a residential or small commercial consumer to reduce load, as the Administrator determines are consistent with the plan, or if no plan is in effect with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title and, in the case of major resources, in accordance with subsection (c) of this section. Such conservation measures and such resources may include, but are not limited to--

839d(a)(1)(A). loans and grants to consumers for insulation or weatherization, increased system efficiency, and waste energy recovery by direct application, [Northwest Power Act, §6(a)(1)(A), 94 Stat. 2717.]

839d(a)(1)(B). technical and financial assistance to, and other cooperation with, the Administrator's customer and governmental authorities to encourage maximum cost-effective voluntary conservation and the attainment of any cost- effective conservation objectives adopted by individual States or subdivisions thereof, [Northwest Power Act, §6(a)(1)(B), 94 Stat. 2717.]

839d(a)(1)(C). aiding the Administrator's customers and governmental authorities in implementing model conservation standards adopted pursuant to section 839b(f) of this title, and [Northwest Power Act, §6(a)(1)(C), 94 Stat. 2717.]

839d(a)(1)(D). conducting demonstration projects to determine the cost effectiveness of conservation measures and direct application of renewable energy resources. [Northwest Power Act, §6(a)(1)(D), 94 Stat. 2717.]

839d(a)(2). In addition to acquiring electric power pursuant to section 839c(c) of this title, or on a short-term basis pursuant to section 11(b)(6)(i) of the Federal Columbia River Transmission System Act [16 U.S.C. 838i(b)(6)(i)], the Administrator shall acquire, in accordance with this section, sufficient resources--

839d(a)(2)(A). to meet his contractual obligations that remain after taking into account planned savings from measures provided for in paragraph (1) of this subsection, and [Northwest Power Act, §6(a)(2)(A), 94 Stat. 2717.]

839d(a)(2)(B). to assist in meeting the requirements of section 839b(h) of this title. [Northwest Power Act, §6(a)(2)(B), 94 Stat. 2717.]

839d(a)(2) [cont.]. The Administrator shall acquire such resources without considering restrictions which may apply pursuant to section 839c(b) of this title. [Northwest Power Act, §6(a)(2), 94 Stat. 2717.]

839d(b). Acquisition of resources

839d(b)(1). Except as specifically provided in this section, acquisition of resources under this chapter shall be consistent with the plan, as determined by the Administrator. [Northwest Power Act, §6(b)(1), 94 Stat. 2717.]

839d(b)(2). The Administrator may acquire resources (other than major resources) under this chapter which are not consistent with the plan, but which are determined by the Administrator to be consistent with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title. [Northwest Power Act, §6(b)(2), 94 Stat. 2717.]

839d(b)(3). If no plan is in effect, the Administrator may acquire resources under this chapter which are determined by the Administrator to be consistent with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title. [Northwest Power Act, §6(b)(3), 94 Stat. 2717.]

839d(b)(4). The Administrator shall acquire any non-Federal resources to replace Federal base system resources only in accordance with the provisions of this section. The Administrator shall include in the contracts for the acquisition of any such non-Federal replacement resources provisions which will enable him to ensure that such non-Federal replacement resources are developed and operated in a manner consistent with the considerations specified in section 839b(e)(2) of this title. [Northwest Power Act, §6(b)(4), 94 Stat. 2717.]

839d(b)(5). Notwithstanding any acquisition of resources pursuant to this section, the Administrator shall not reduce his efforts to achieve conservation and to acquire renewable resources installed by a residential or small commercial consumer to reduce load, pursuant to subsection (a)(1) of this section. [Northwest Power Act, §6(b)(5), 94 Stat. 2717-8.]

839d(c). Procedure for acquiring major resources, implementing conservation measures, paying or reimbursing investigation and preconstruction expenses, or granting billing credits

839d(c)(1). For each proposal under subsection (a), (b), (f), (h) or (l) of this section to acquire a major resource, to implement a conservation measure which will conserve an amount of electric power equivalent to that of a major resource, to pay or reimburse investigation and preconstruction expenses of the sponsors of a major resource, or to grant billing credits or services involving a major resource, the Administrator shall--

839d(c)(1)(A). publish notice of the proposed action in the Federal Register and provide a copy of such notice to the Council, the Governor of each State in which facilities would be constructed or a conservation measure implemented, and the Administrator's customers; [Northwest Power Act, §6(c)(1)(A), 94 Stat. 2718.]

839d(c)(1)(B). not less than sixty days following publication of such notice, conduct one or more public hearings, presided over by a hearing officer, at which testimony and evidence shall be received, with opportunity for such rebuttal and cross-examination as the hearing officer deems appropriate in the development of an adequate hearing record; [Northwest Power Act, §6(c)(1)(B), 94 Stat. 2718.]

839d(c)(1)(C). develop a record to assist in evaluating the proposal which shall include the transcript of the public hearings, together with exhibits, and such other materials and information as may have been submitted to, or developed by, the Administrator; and [Northwest Power Act, §6(c)(1)(C), 94 Stat. 2718.]

839d(c)(1)(D). following completion of such hearings, promptly provide to the Council and make public a written decision that includes, in addition to a determination respecting the requirements of subsection (a), (b), (f), (h), (l), or (m) of this section, as appropriate--

839d(c)(1)(D)(i). if a plan is in effect, a finding that the proposal is either consistent or inconsistent with the plan or, notwithstanding its inconsistency with the plan, a finding that it is needed to meet the Administrator's obligations under this chapter, or [Northwest Power Act, §6(c)(1)(D)(i), 94 Stat. 2718.]

839d(c)(1)(D)(ii). if no plan is in effect, a finding that the proposal is either consistent or inconsistent with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title or notwithstanding its inconsistency, a finding that it is needed to meet the Administrator's obligations under this chapter. [Northwest Power Act, §6(c)(1)(D)(ii), 94 Stat. 2718.]

839d(c)(1)(D)[cont.]. In the case of subsection (f) of this section, such decision shall be treated as satisfying the applicable requirements of this subsection and of subsection (f) of this section, if it includes a finding of probable consistency, based upon the Administrator's evaluation of information available at the time of completion of the hearing under this paragraph. Such decision shall include the reasons for such finding. [Northwest Power Act, §6(c)(1)(D), 94 Stat. 2718.]

839d(c)(2). Within sixty days of the receipt of the Administrator's decision pursuant to paragraph (1)(D) of this subsection, the Council may determine by a majority vote of all members of the Council, and notify the Administrator--

839d(c)(2)(A). that the proposal is either consistent or inconsistent with the plan, or [Northwest Power Act, §6(c)(2)(B), 94 Stat. 2718.]

839d(c)(2)(B). if no plan is in effect, that the proposal is either consistent or inconsistent with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title. [Northwest Power Act, §6(c)(2)(B), 94 Stat. 2718.]

839d(c)(3). The Administrator may not implement any proposal referred to in paragraph (1) that is determined pursuant to paragraph (1) or (2) by either the Administrator or the Council to be inconsistent with the plan or, if no plan is in effect, with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title--

839d(c)(3)(A). unless the Administrator finds that, notwithstanding such inconsistency, such resource is needed to meet the Administrator's obligations under this chapter, and [Northwest Power Act, §6(c)(3)(A), 94 Stat. 2718-9.]

839d(c)(3)(B). until the expenditure of funds for that purpose has been specifically authorized by Act of Congress enacted after December 5, 1980, [Northwest Power Act, §6(c)(3)(B), 94 Stat. 2719.]

839d(c)(4). Before the Administrator implements any proposal referred to in paragraph (1) of this subsection, the Administrator shall--

839d(c)(4)(A). submit to the appropriate committees of the Congress the administrative record of the decision (including any determination by the Council under paragraph (2)) and a statement of the procedures followed or to be followed for compliance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], [Northwest Power Act, §6(c)(4)(A), 94 Stat. 2719.]

839d(c)(4)(B). publish notice of the decision in the Federal Register, and [Northwest Power Act, §6(c)(4)(B), 94 Stat. 2719.]

839d(c)(4)(C). note the proposal in the Administrator's annual or supplementary budget submittal made pursuant to the Federal Columbia River Transmission System Act (16 U.S.C. 838 and following). [Northwest Power Act, §6(c)(4)(C), 94 Stat. 2719.]

839d(c)(4) [cont.]. The Administrator may not implement any such proposal until ninety days after the date on which such proposal has been noted in such budget or after the date on which such decision has been published in the Federal Register, whichever is later. [Northwest Power Act, §6(c)(4), 94 Stat. 2719.]

839d(c)(5). The authority of the Council to make a determination under paragraph (2)(B) if no plan is in effect shall expire on the date two years after the establishment of the Council. [Northwest Power Act, §6(c)(5), 94 Stat. 2719.]

839d(d). Acquisition of resources other than major resources

The Administrator is authorized to acquire a resource, other than a major resource, whether or not such resource meets the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title but which he determines is an experimental, developmental, demonstration, or pilot project of a type with a potential for providing cost-effective service to the region. The Administrator shall make no obligation for the acquisition of such resource until it is included in the annual budgets submitted to the Congress pursuant to the Federal Columbia River Transmission System Act [16 U.S.C. 838 et seq.]. [Northwest Power Act, §6(d), 94 Stat. 2719.]

839d(e). Effectuation of priorities; use of customers and local entities

839d(e)(1). In order to effectuate the priority given to conservation measures and renewable resources under this chapter, the Administrator shall, to the maximum extent practicable, make use of his authorities under this chapter to acquire conservation measures and renewable resources, to implement conservation measures, and to provide credits and technical and financial assistance for the development and implementation of such resources and measures (including the funding of, and the securing of debt for, expenses incurred during the investigation and preconstruction of resources, as authorized in subsection (f) of this section). [Northwest Power Act, §6(e)(1), 94 Stat. 2719.]

839d(e)(2). To the extent conservation measures or acquisition of resources require direct arrangements with consumers, the Administrator shall make maximum practicable use of customers and local entities capable of administering and carrying out such arrangements. [Northwest Power Act, §6(e)(2), 94 Stat. 2719.]

839d(f). Agreements; investigation and initial development of renewable resources other than major resources; reimbursement of investigation and preconstruction expenses

839d(f)(1). For resources which the Administrator determines may be eligible for acquisition under this section and satisfy the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title or, if a plan is in effect, to be consistent with the plan, the Administrator is authorized to enter into agreements with sponsors of--

839d(f)(1)(A). a renewable resource, other than a major resource, to fund or secure debt incurred in the investigation and initial development of such resource, or [Northwest Power Act, §6(f)(1)(A), 94 Stat. 2719.]

839d(f)(1)(B). any other resource to provide for the reimbursement of the sponsor's investigation and preconstruction expenses concerning such resource (which expenses shall not include procurement of capital equipment or construction material for such resource). [Northwest Power Act, §6(f)(1)(B), 94 Stat. 2720.]

839d(f)(1) [cont.]. In the case of any resource referred to in subparagraph (B) of this paragraph, such reimbursement is authorized only if--

839d(f)(1)(B)(i). such resource is subsequently denied State citing approval or other necessary Federal or State permits, or approvals, [Northwest Power Act, §6(f)(1)(B)(i), 94 Stat. 2720.]

839d(f)(1)(B)(ii). such investigation subsequently demonstrates, as determined by the Administrator, that such resource does not meet the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title or is not acceptable because of environmental impacts, or [Northwest Power Act, §6(f)(1)(B)(ii), 94 Stat. 2720.]

839d(f)(1)(B)(iii). after such investigation the Administrator determines not to acquire the resource and the sponsor determines not to construct the resource. [Northwest Power Act, §6(f)(1)(B)(iii), 94 Stat. 2720.]

839d(f)(2). The Administrator may exercise the authority of this subsection only after he determines that the failure to do so would result in inequitable hardship to the consumers of such sponsors. The Administrator may provide reimbursement under this subsection only for expenses incurred after December 5, 1980. [Northwest Power Act, §6(f)(2), 94 Stat. 2720.]

839d(f)(3). Any agreement under paragraph (1) of this subsection shall provide the Administrator an option to acquire any such resource, including a renewable resource, and shall include such other provisions, as the Administrator deems appropriate, for the Administrator's recovery from such sponsors or any assignee of the sponsors, if such sponsor or assignee continues development of the resource, of any advances made by the Administrator pursuant to such agreement. [Northwest Power Act, §6(f)(3), 94 Stat. 2720.]

839d(f)(4). The Administrator shall not reimburse any expense incurred by the sponsors (except necessary expenses involved in the liquidation of the resource) after the date of a final denial of application for State citing approval or after the date the Administrator determines that the resource to be inconsistent with the plan or the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title. [Northwest Power Act, §6(f)(4), 94 Stat. 2720.]

839d(g). Environmental impact statements

At the request of the appropriate State, any environmental impact statement which may be required with respect to a resource, to the extent determined possible by the Administrator in accordance with applicable law and regulations, may be prepared jointly and in coordination with any required environmental impact statement of the State or any other statement which serves the purpose of an environmental impact statement which is required by State law. [Northwest Power Act, §6(g), 94 Stat. 2720.]

839d(h). Billing credits

839d(h)(1). If a customer so requests, the Administrator shall grant billing credits to such customer, and provide services to such customer at rates established for such services, for--

839d(h)(1)(A). conservation activities independently undertaken or continued after December 5, 1980, by such customer or political subdivision served by such customer which reduce the obligation of the Administrator that would otherwise have existed to acquire other resources under this chapter, or [Northwest Power Act, §6(h)(1)(A), 94 Stat. 2720.]

839d(h)(1)(B). resources constructed, completed, or acquired after December 5, 1980, by a customer, an entity acting on behalf of such customer, or political subdivision served by the customer which reduce the obligation of the Administrator to acquire resources under this chapter. Such resources shall be renewable resources or multipurpose projects or other resources which are not inconsistent with the plan or, in the absence of a plan, not inconsistent with the criteria of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title. [Northwest Power Act, §6(h)(1)(B), 94 Stat. 2720-1.]

839d(h)(2). The energy and capacity on which a credit under this subsection to a customer is based shall be the amount by which a conservation activity or resource actually changes the customer's net requirement for supply of electric power or reserves from the Administrator. [Northwest Power Act, §6(h)(2), 94 Stat. 2721.]

839d(h)(3). The amount of credits for conservation under this subsection shall be set to credit the customer implementing or continuing the conservation activity for which the credit is granted for the savings resulting from such activity. The rate impact on the Administrator's other customers of granting the credit shall be equal to the rate impact such customers would have experienced had the Administrator been obligated to acquire resources in an amount equal to that actually saved by the activity for which the credit is granted. [Northwest Power Act, §6(h)(3), 94 Stat. 2721.]

839d(h)(4). For resources other than conservation, the customer shall be credited for net costs actually incurred by such customer, an entity acting on behalf of such customer, or political subdivision served by such customer, in acquiring, constructing, or operating the resource for which the credit is granted. The rate impact to the Administrator's other customers of granting the credit shall be no greater than the rate impact such customers would have experienced had the Administrator been obligated to acquire resources in an amount equal to that actually produced by the resource for which the credit is granted. [Northwest Power Act, §6(h)(4), 94 Stat. 2721.]

839d(h)(5). Retail rate structures which are voluntarily implemented by the Administrator's customers and which induce conservation or installation of consumer-owned renewable resources shall be considered, for purposes of this subsection, to be (A) conservation activities independently undertaken or carried on by such customers, or (B) customer-owned renewable resources, and shall qualify for billing credits upon the same showing as that required for other conservation or renewable resource activities. [Northwest Power Act, §6(h)(5), 94 Stat. 2721.]

839d(h)(6). Prior to granting any credit or providing services pursuant to this subsection, the Administrator shall--

839d(h)(6)(A). comply with the notice provisions of subsection (c) of this section, and include in such notice the methodology the Administrator proposes to use in determining the amount of any such credit; [Northwest Power Act, §6(h)(6)(A), 94 Stat. 2721.]

839d(h)(6)(B). include the cost of such credit in the Administrator's annual or amended budget submittal to the Congress made pursuant to the Federal Columbia River Transmission System Act (16 U.S.C. 838(j))[16 U.S.C. 838 et seq.]; [Northwest Power Act, §6(h)(6)(B), 94 Stat. 2721.]

839d(h)(6)(C). require that resources in excess of customer's reasonable load growth shall have been offered to others for ownership participation or other sponsorship pursuant to subsection (m) of this section, except in the case of conservation, multi-purpose projects uniquely suitable for development by the customer, or renewable resources; and [Northwest Power Act, §6(h)(6)(C), 94 Stat. 2721.]

839d(h)(6)(D). require that the operators of any generating resource for which a billing credit is to be granted agree to operate such resource in a manner compatible with the planning and operation of the region's power system. [Northwest Power Act, §6(h)(6)(D), 94 Stat. 2721.]

839d(i). Contracts

Contracts for the acquisition of resources and for billing credits for major resources, including conservation activities, entered into pursuant to this section shall contain such terms and conditions, applicable after the contract is entered into, as will--

839d(i)(1). insure timely construction, scheduling, completion, and operation of resources. [Northwest Power Act, §6(i)(1), 94 Stat. 2721.]

839d(i)(2). insure that the costs of any acquisition are as low as reasonably possible, consistent (A) with sound engineering, operating, and safety practices, and (B) the protection, mitigation, and enhancement of fish and wildlife, including related spawning grounds and habitat affected by the development of such resources, and [Northwest Power Act, §6(i)(2), 94 Stat. 2722.]

839d(i)(3). insure that the Administrator exercises effective oversight, inspection, audit, and review of all aspects of such construction and operation. [Northwest Power Act, §6(i)(3), 94 Stat. 2722.]

839d(i) [cont.]. Such contracts shall contain provisions assuring that the Administrator has the authority to approve all costs of, and proposals for, major modifications in construction, scheduling or operations and to assure that the Administrator is provided with such current information as he deems necessary to evaluate such construction and operation. [Northwest Power Act, §6(i), 94 Stat. 2722.]

839d(j). Obligations not to be considered general obligations of United States or secured by full faith and credit of United States

839d(j)(1). All contractual and other obligations required to be carried out by the Administrator pursuant to this chapter and shall be secured solely by the Administrator's revenues received from the sale of electric power and other services. Such obligations are not, nor shall they be construed to be, general obligations of the United States, nor are such obligations intended to be or are they secured by the full faith and credit of the United States. [Northwest Power Act, §6(j)(1), 94 Stat. 2722.]

839d(j)(2). All contracts entered into by the Administrator for the acquisition of resources pursuant to this chapter shall require that, in the sale of any obligations, all offerings and promotional material for the sale of such obligations shall include the language contained in the second sentence of paragraph (1) of this subsection. The Administrator shall monitor and enforce such requirement. [Northwest Power Act, §6(j)(2), 94 Stat. 2722.]

839d(k). Equitable distribution of benefits

In the exercise of his authorities pursuant to this section, the Administrator shall, consistent with the provisions of this chapter and the Administrator's obligations to particular customer classes, insure that benefits under this section, including financial and technical assistance, conduct of conservation demonstrations, and experimental projects, services, and billing credits, are distributed equitably throughout the region. [Northwest Power Act, §6(k), 94 Stat. 2722.]

839d(l). Investigations

839d(l)(1). The Administrator is authorized and directed to investigate opportunities for adding to the region's resources or reducing the region's power costs through the accelerated or cooperative development of resources located outside the States of Idaho, Montana, Oregon, and Washington if such resources are renewable resources, and are now or in the future planned or considered for eventual development by nonregional agencies or authorities that will or would own, sponsor, or otherwise develop them. The Administrator shall keep the Council fully and currently informed of such investigations, and seek the Council's advice as to the desirability of pursuing such investigations. [Northwest Power Act, §6(l)(1), 94 Stat. 2722.]

839d(l)(2). The Administrator is authorized and directed to investigate periodically opportunities for mutually beneficial interregional exchanges of electric power that reduce the need for additional generation or generating capacity in the Pacific Northwest and the regions with which such exchanges may occur. The Council shall take into consideration in formulating a plan such investigations. [Northwest Power Act, §6(l)(2), 94 Stat. 2722.]

839d(l)(3). After the Administrator submits a report to Congress pursuant to paragraph (5) of this subsection, the Administrator is authorized to acquire resources consistent with such investigations and consistent with the plan or, if no plan is in effect, with the priorities of section 839b(e)(1) of this title and the considerations of section 839b(e)(2) of this title. Such acquisitions shall be in accordance with the provisions of this subsection. [Northwest Power Act, §6(l)(3), 94 Stat. 2722.]

839d(l)(4). The Administrator shall conduct the investigations and the acquisitions, if any, authorized under this subsection with the assistance of other Federal agencies as may be appropriate. [Northwest Power Act, §6(l)(4), 94 Stat. 2723.]

839d(l)(5). No later than July 1, 1981, the Administrator shall submit to the Congress a report of the results of the investigation undertaken pursuant to this subsection, together with the prospects for obtaining additional resources under the authority granted by this subsection and for reductions in generation or generating capacity through exchanges. [Northwest Power Act, §6(l)(5), 94 Stat. 2723.]

839d(m). Offering of reasonable shares to each Pacific Northwest electric utility

Except as to resources under construction on December 5, 1980, the Administrator shall determine in each case of a major resource acquisition that a reasonable share of the particular resource, or a reasonable equivalent, has been offered to each Pacific Northwest electric utility for ownership, participation, or other sponsorship, but not in excess of the amounts needed to meet such utility's Regional load. [Northwest Power Act, §6(m), 94 Stat. 2723.]

839d-1. Without further appropriation and without fiscal year limitation, the Secretaries of the Interior and Army are authorized to plan, design, construct, operate and maintain generation additions, improvements and replacements, at their respective Federal projects in the Pacific Northwest Region, and to operate and maintain the respective Secretary's power facilities in the Region, that the respective Secretary determines necessary or appropriate and that the Administrator subsequently determines necessary or appropriate, with any funds that the Administrator determines to make available to the respective Secretary for such purposes. Each Secretary is authorized, without further appropriation, to accept and use such funds for such purposes: Provided, That such funds shall continue to be exempt from sequestration pursuant to section 255(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901-922]: Provided further, That this section not modify or affect the applicability of any provision of this chapter. This provision shall be effective on October 1, 1993. [Energy Policy Act of 1992, P. L. No. 102-486, Title XXIV, §2406, Oct. 24, 1992, 106 Stat. 3099.]

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