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Establishing the Council
839b. Regional planning and participation
839b(a). Pacific Northwest Electric Power and Conservation Planning
Council; establishment and operation as regional agency
839b(a)(1). The purposes of this section are to provide
for the prompt establishment and effective operation of the Pacific
Northwest Electric Power and Conservation Planning Council, to further the
purposes of this chapter by the Council promptly preparing and adopting (A)
a regional conservation and electric power plan and (B) a program to
protect, mitigate, and enhance fish and wildlife, and to otherwise
expeditiously and effectively carry out the Council's responsibilities and
functions under this chapter. [Northwest Power Act, §4(a)(1), 94 Stat.
2700.]
839b(a)(2). To achieve such purposes and facilitate cooperation among the
States of Idaho, Montana, Oregon, and Washington, and with the Bonneville
Power Administration, the consent of Congress is given for an agreement
described in this paragraph and not in conflict with this chapter, pursuant
to which--
839b(a)(2)(A). there shall be established a regional
agency known as the "Pacific Northwest Electric Power and Conservation
Planning Council" which (i) shall have its offices in the Pacific Northwest,
(ii) shall carry out its functions and responsibilities in accordance with
the provisions of this chapter, (iii) shall continue in force and effect in
accordance with the provisions of this chapter, and (iv) except as otherwise
provided in this chapter, shall not be considered an agency or
instrumentality of the United States for the purpose of any Federal law; and
[Northwest Power Act, §4(a)(2)(A), 94 Stat. 2701.]
839b(a)(2)(B). two persons from each State may be
appointed, subject to the applicable laws of each such State, to undertake
the functions and duties of members of the Council. [Northwest Power Act,
§4(a)(2)(B), 94 Stat. 2701.]
839b(a)(2). The State may fill any vacancy occurring
prior to the expiration of the term of any member. The appointment of six
initial members, subject to applicable State law, by June 30, 1981, by at
least three of such States shall constitute an agreement by the States
establishing the Council and such agreement is hereby consented to by the
Congress. Upon request of the Governors of two of the States, the Secretary
shall extend the June 30, 1981, date for six additional months to provide
more time for the States to make such appointments. [Northwest Power Act,
§4(a)(2), 94 Stat. 2701.]
839b(a)(3). Except as otherwise provided by State law,
each member appointed to the Council shall serve for a term of three years,
except that, with respect to members initially appointed, each Governor
shall designate one member to serve a term of two years and one member to
serve a term of three years. The members of the Council shall select from
among themselves a chairman. The members and officers and employees of the
Council shall not be deemed to be officers or employees of the United States
for any purpose. The Council shall appoint, fix compensation, and assign and
delegate duties to such executive and additional personnel as the Council
deems necessary to fulfill its functions under this chapter, taking into
account such information and analyses as are, or are likely to be, available
from other sources pursuant to provisions of this chapter. The compensation
of the members shall be fixed by State law. The compensation of the members
and officers shall not exceed the rate prescribed for Federal officers and
positions at step 1 of level GS-18 of the General Schedule. [Northwest Power
Act, §4(a)(3), 94 Stat. 2701.]
839b(a)(4). For the purpose of providing a uniform
system of laws, in addition to this chapter, applicable to the Council
relating to the making of contracts, conflicts-of-interest, financial
disclosure, open meetings of the Council, advisory committees, disclosure of
information, judicial review of Council functions and actions under this
chapter, and related matters, the Federal laws applicable to such matters in
the case of the Bonneville Power Administration shall apply to the Council
to the extent appropriate, except that with respect to open meetings, the
Federal laws applicable to open meetings in the case of the Federal Energy
Regulatory Commission shall apply to the Council to the extent appropriate.
In applying the Federal laws applicable to financial disclosure under the
preceding sentence, such laws shall be applied to members of the Council
without regard to the duration of their service on the Council or the amount
of compensation received for such service. No contract, obligation, or other
action of the Council shall be construed as an obligation of the United
States or an obligation secured by the full faith and credit of the United
States. For the purpose of judicial review of any action of the Council or
challenging any provision of this chapter relating to functions and
responsibilities of the Council, notwithstanding any other provision of law,
the courts of the United States shall have exclusive jurisdiction of any
such review. [Northwest Power Act, §4(a)(4), 94 Stat. 2701-2.]
839b(b). Alternative establishment of Council as Federal agency
839b(b)(1). If the Council is not established and its members are not
timely appointed in accordance with subsection (a) of this section, or if,
at any time after such Council is established and its members are appointed
in accordance with subsection (a)--
839b(b)(1)(A). any provision of this chapter relating
to the establishment of the Council or to any substantial function or
responsibility of the Council (including any function or responsibility
under subsection (d) or (h) of this section or under section 839d(c) of this
title) is held to be unlawful by a final determination of any Federal court,
or [Northwest Power Act, §4(b)(1)(A), 94 Stat. 2702.]
839b(b)(1)(B). the plan or any program adopted by such
Council under this section is held by a final determination of such a court
to be ineffective by reason of subsection (a)(2)(B) of this section,
[Northwest Power Act, §4(b)(1)(B), 94 Stat. 2702.]
839b(b)(1) [cont.]. the Secretary shall establish the
Council pursuant to this subsection as a Federal agency. The Secretary shall
promptly publish a notice thereof in the Federal Register and notify the
Governors of each of the States referred to in subsection (a) of this
section. [Northwest Power Act, §4(b)(1), 94 Stat. 2702.]
839b(b)(2). As soon as practicable, but not more than
thirty days after the publication of the notice referred to in paragraph (1)
of this subsection, and thereafter within forty-five days after a vacancy
occurs, the Governors of the States of Washington, Oregon, Idaho, and
Montana may each (under applicable State laws, if any) provide to the
Secretary a list of nominations from such State for each of the State's
positions to be selected for such Council. The Secretary may extend this
time an additional thirty days. The list shall include at least two persons
for each such position. The list shall include such information about such
nominees as the Secretary may request. The Secretary shall appoint the
Council members from each Governor's list of nominations for each State's
positions, except that the Secretary may decline to appoint for any reason
any of a Governor's nominees for a position and shall so notify the
Governor. The Governor may thereafter make successive nominations within
forty-five days of receipt of such notice until nominees acceptable to the
Secretary are appointed for each position. In the event the Governor of any
such State fails to make the required nominations for any State position on
such Council within the time specified for such nominations, the Secretary
shall select from such State and appoint the Council member or members for
such position. The members of the Council shall select from among themselves
one member of the Council as Chairman. [Northwest Power Act, §4(b)(2), 94
Stat. 2702.]
839b(b)(3). The members of the Council established by
this subsection who are not employed by the United States or a State shall
receive compensation at a rate equal to the rate prescribed for offices and
positions at level GS-18 of the General Schedule for each day such members
are engaged in the actual performance of duties as members of such Council,
except that no such member may be paid more in any calendar year than an
officer or employee at step 1 of level GS-18 is paid during such year.
Members of such Council shall be considered officers or employees of the
United States for purposes of title II of the Ethics in Government Act of
1978 (5 U.S.C. app.) and shall also be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in Government service are allowed expenses under section 5703
of title 5. Such Council may appoint, and assign duties to, an executive
director who shall serve at the pleasure of such Council and who shall be
compensated at the rate established for GS-18 of the General Schedule. The
executive director shall exercise the powers and duties delegated to such
director by such Council, including the power to appoint and fix
compensation of additional personnel in accordance with applicable Federal
law to carry out the functions and responsibilities of such Council.
[Northwest Power Act, §4(b)(3), 94 Stat. 2702-3.]
839b(b)(4). When a Council is established under this
subsection after a Council was established pursuant to subsection (a) of
this section, the Secretary shall provide, to the greatest extent feasible,
for the transfer to the Council established by this subsection of all funds,
books, papers, documents, equipment, and other matters in order to
facilitate the Council's capability to achieve the requirements of
subsections (d) and (h) of this section. In order to carry out its functions
and responsibilities under this chapter expeditiously, the Council shall
take into consideration any actions of the Council under subsection (a) and
may review, modify, or confirm such actions without further proceedings.
[Northwest Power Act, §4(b)(4), 94 Stat. 2703.]
839b(b)(5)(A). At any time beginning one year after
the plan referred to in such subsection (d) of this section and the program
referred to in such subsection (h) of this section are both finally adopted
in accordance with this chapter, the Council established pursuant to this
subsection shall be terminated by the Secretary 90 days after the Governors
of three of the States referred to in this subsection jointly provide for
any reason to the Secretary a written request for such termination. Except
as provided in subparagraph (B), upon such termination all functions and
responsibilities of the Council under this chapter shall also terminate.
[Northwest Power Act, §4(b)(5)(A), 94 Stat. 2703.]
839b(b)(5)(B). Upon such termination of the Council,
the functions and responsibilities of the Council set forth in subsection
(h) of this section shall be transferred to, and continue to be funded and
carried out, jointly, by the Administrator, the Secretary of the Interior,
and the Administrator of the National Marine Fisheries Service, in the same
manner and to the same extent as required by such subsection and in
cooperation with the Federal and the region's State fish and wildlife
agencies and Indian tribes referred to in subsection (h) of this section and
the Secretary shall provide for the transfer to them of all records, books,
documents, funds, and personnel of such Council that relate to subsection
(h) matters. In order to carry out such functions and responsibilities
expeditiously, the Administrator, the Secretary of the Interior, and the
Administrator of the National Marine Fisheries Service shall take into
consideration any actions of the Council under this subsection, and may
review, modify, or confirm such actions without further proceedings. In the
event the Council is terminated pursuant to this paragraph, whenever any
action of the Administrator requires any approval or other action by the
Council, the Administrator may take such action without such approval or
action, except that the Administrator may not implement any proposal to
acquire a major generating resource or to grant billing credits involving a
major generating resource until the expenditure of funds for that purpose is
specifically authorized by Act of Congress enacted after such termination.
[Northwest Power Act, §4(b)(5)(B), 94 Stat. 2703.]
839b(c). Organization and operation of Council
839b(c)(1). The provisions of this subsection shall,
except as specifically provided in this subsection, apply to the Council
established pursuant to either subsection (a) or (b) of this section.
[Northwest Power Act, §4(c)(1), 94 Stat. 2703.]
839b(c)(2). A majority of the members of the Council shall constitute a
quorum. Except as otherwise provided specifically in this chapter, all
actions and decisions of the Council shall be by majority vote of the
members present and voting. The plan or any part thereof and any amendment
thereto shall not be approved unless such plan or amendment receives the
votes of--
839b(c)(2)(A). a majority of the members appointed to
the Council, including the vote of at least one member from each State with
members on the Council; or [Northwest Power Act, §4(c)(2)(A), 94 Stat.
2704.]
839b(c)(2)(B). at least six members of the Council.
[Northwest Power Act, §4(c)(2)(B), 94 Stat. 2704.]
839b(c)(3). The Council shall meet at the call of the
Chairman or upon the request of any three members of the Council. If any
member of the Council disagrees with respect to any matter transmitted to
any Federal or State official or any other person or wishes to express
additional views concerning such matter, such member may submit a statement
to accompany such matter setting forth the reasons for such disagreement or
views. [Northwest Power Act, §4(c)(3), 94 Stat. 2704.]
839b(c)(4). The Council shall determine its
organization and prescribe its practices and procedures for carrying out its
functions and responsibilities under this chapter. The Council shall make
available to the public a statement of its organization, practices, and
procedures, and make available to the public its annual work program budget
at the time the President submits his annual budget to Congress. [Northwest
Power Act, §4(c)(4), 94 Stat. 2704.]
839b(c)(5). Upon request of the Council established
pursuant to subsection (b) of this section, the head of any Federal agency
is authorized to detail or assign to the Council, on a reimbursable basis,
any of the personnel of such agency to assist the Council in the performance
of its functions under this chapter. [Northwest Power Act, §4(c)(5), 94
Stat. 2704.]
839b(c)(6). At the Council's request, the Administrator
of the General Services Administration shall furnish the Council established
pursuant to subsection (b) of this section with such offices, equipment,
supplies, and services in the same manner and to the same extent as such
Administrator is authorized to furnish to any other Federal agency or
instrumentality such offices, supplies, equipment, and services. [Northwest
Power Act, §4(c)(6), 94 Stat. 2704.]
839b(c)(7). Upon the request of the Congress or any
committee thereof, the Council shall promptly provide to the Congress, or to
such committee, any record, report, document, material, and other
information which is in the possession of the Council. [Northwest Power Act,
§4(c)(7), 94 Stat. 2704.]
839b(c)(8). To obtain such information and advice as
the Council determines to be necessary or appropriate to carry out its
functions and responsibilities pursuant to this chapter, the Council shall,
to the greatest extent practicable, solicit engineering, economic, social,
environmental, and other technical studies from customers of the
Administrator and from other bodies or organizations in the region with
particular expertise. [Northwest Power Act, §4(c)(8), 94 Stat. 2704.]
839b(c)(9). The Administrator and other Federal
agencies, to the extent authorized by other provisions of law, shall furnish
the Council all information requested by the Council as necessary for
performance of its functions, subject to such requirements of law concerning
trade secrets and proprietary data as may be applicable. [Northwest Power
Act, §4(c)(9), 94 Stat. 2704.]
839b(c)(10)(A). At the request of the Council, the
Administrator shall pay from funds available to the Administrator the
compensation and other expenses of the Council as are authorized by this
chapter, including the reimbursement of those States with members on the
Council for services and personnel to assist in preparing a plan pursuant to
subsection (d) of this section and a program pursuant to subsection (h) of
this section, as the Council determines are necessary or appropriate for the
performance of its functions and responsibilities. Such payments shall be
included by the Administrator in his annual budgets submitted to Congress
pursuant to the Federal Columbia River Transmission System Act [16 U.S.C.
838 et seq.] and shall be subject to the requirements of that Act, including
the audit requirements of section 11(d) of such Act [16 U.S.C. 838i(d)]. The
records, reports, and other documents of the Council shall be available to
the Comptroller General for review in connection with such audit or other
review and examination by the Comptroller General pursuant to other
provisions of law applicable to the Comptroller General. Funds provided by
the Administrator for such payments shall not exceed annually an amount
equal to 0.02 mill multiplied by the kilowatthours of firm power forecast to
be sold by the Administrator during the year to be funded. In order to
assist the Council's initial organization, the Administrator after Dec. 5
1980, shall promptly prepare and propose an amended annual budget to
expedite payment for Council activities. [Northwest Power Act, §4(c)(10)(A),
94 Stat. 2704-5.]
839b(c)(10)(B). Notwithstanding the limitation
contained in the fourth sentence of subparagraph (A) of this paragraph, upon
an annual showing by the Council that such limitation will not permit the
Council to carry out its functions and responsibilities under this chapter
the Administrator may raise such limit up to any amount not in excess of
0.10 mill multiplied by the kilowatt hours of firm power forecast to be sold
by the Administrator during the year to be funded. [Northwest Power Act,
§4(c)(10)(B), 94 Stat. 2705.]
839b(c)(11). The Council shall establish a voluntary
scientific and statistical advisory committee to assist in the development,
collection, and evaluation of such statistical, biological, economic,
social, environmental, and other scientific information as is relevant to
the Council's development and amendment of a regional conservation and
electric power plan. [Northwest Power Act, §4(c)(11), 94 Stat. 2705.]
839b(c)(12). The Council may establish such other
voluntary advisory committees as it determines are necessary or appropriate
to assist it in carrying out its functions and responsibilities under this
chapter. [Northwest Power Act, §4(c)(12), 94 Stat. 2705.]
839b(c)(13). The Council shall ensure that the
membership for any advisory committee established or formed pursuant to this
section shall, to the extent feasible, include representatives of, and seek
the advice of, the Federal, and the various regional, State, local, and
Indian Tribal Governments, consumer groups, and customers. [Northwest Power
Act, §4(c)(13), 94 Stat. 2705.]
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