Reports & papers Northwest Power Act

839b(d). Regional conservation and electric power plan

839b(d)(1). Within two years after the Council is established and the members are appointed pursuant to subsection (a) or (b) of this section, the Council shall prepare, adopt, and promptly transmit to the Administrator a regional conservation and electric power plan. The adopted plan, or any portion thereof, may be amended from time to time, and shall be reviewed by the Council not less frequently than once every five years. Prior to such adoption, public hearings shall be held in each Council member's State on the plan or substantial, nontechnical amendments to the plan proposed by the Council for adoption. A public hearing shall also be held in any other State of the region on the plan or amendments thereto, if the Council determines that the plan or amendments would likely have a substantial impact on that State in terms of major resources which may be developed in that State and which the Administrator may seek to acquire. Action of the Council under this subsection concerning such hearings shall be subject to section 553 of title 5, and such procedure as the Council shall adopt. [Northwest Power Act, §4(d)(1), 94 Stat. 2705.]

839b(d)(2). Following adoption of the plan and any amendment thereto, all actions of the Administrator pursuant to section 839d of this title shall be consistent with the plan and any amendment thereto, except as otherwise specifically provided in this chapter. [Northwest Power Act, §4(d)(2), 94 Stat. 2705.]

839b(e) Plan priorities and requisite features; studies

839b(e)(1). The plan shall, as provided in this paragraph, give priority to resources which the Council determines to be cost-effective. Priority shall be given: first, to conservation; second, to renewable resources; third, to generating resources utilizing waste heat or generating resources of high fuel conversion efficiency; and fourth, to all other resources. [Northwest Power Act, §4(e)(1), 94 Stat. 2705.]

839b(e)(2). The plan shall set forth a general scheme for implementing conservation measures and developing resources pursuant to section 839d of this title to reduce or meet the Administrator's obligations with due consideration by the Council for (A) environmental quality, (B) compatibility with the existing regional power system, (C) protection, mitigation, and enhancement of fish and wildlife and related spawning grounds and habitat, including sufficient quantities and qualities of flows for successful migration, survival, and propagation of anadromous fish, and (D) other criteria which may be set forth in the plan. [Northwest Power Act, §4(e)(2), 94 Stat. 2706.]

839b(e)(3). To accomplish the priorities established by this subsection, the plan shall include the following elements which shall be set forth in such detail as the Council determines to be appropriate:

839b(e)(3)(A). an energy conservation program to be implemented under this chapter, including, but not limited to, model conservation standards; [Northwest Power Act, §4(e)(3)(A), 94 Stat. 2706.]

839b(e)(3)(B). recommendation for research and development; [Northwest Power Act, §4(e)(3)(B), 94 Stat. 2706.]

839b(e)(3)(C). a methodology for determining quantifiable environmental costs and benefits under section 839a(4) of this title; [Northwest Power Act, §4(e)(3)(C), 94 Stat. 2706.]

839b(e)(3)(D). a demand forecast of at least twenty years (developed in consultation with the Administrator, the customers, the States, including State agencies with ratemaking authority over electric utilities, and the public, in such manner as the Council deems appropriate) and a forecast of power resources estimated by the Council to be required to meet the Administrator's obligations and the portion of such obligations the Council determines can be met by resources in each of the priority categories referred to in paragraph (1) of this subsection which forecast (i) shall include regional reliability and reserve requirements, (ii) shall take into account the effect, if any, of the requirements of subsection (h) of this section on the availability of resources to the Administrator, and (iii) shall include the approximate amounts of power the Council recommends should be acquired by the Administrator on a long-term basis and may include, to the extent practicable, an estimate of the types of resources from which such power should be acquired; [Northwest Power Act, §4(e)(3)(D), 94 Stat. 2706.]

839b(e)(3)(E). an analysis of reserve and reliability requirements and cost-effective methods of providing reserves designed to insure adequate electric power at the lowest probable cost; [Northwest Power Act, §4(e)(3)(E), 94 Stat. 2706.]

839b(e)(3)(F). the program adopted pursuant to subsection (h); of this section and [Northwest Power Act, §4(e)(3)(F), 94 Stat. 2706.]

839b(e)(3)(G). if the Council recommends surcharges pursuant to subsection (f) of this section, a methodology for calculating such surcharges. [Northwest Power Act, §4(e)(3)(G), 94 Stat. 2706.]

839b(e)(4). The Council, taking into consideration the requirement that it devote its principal efforts to carrying out its responsibilities under subsections (d) and (h) of this section, shall undertake studies of conservation measures reasonably available to direct service industrial customers and other major consumers of electric power within the region and make an analysis of the estimated reduction in energy use which would result from the implementation of such measures as rapidly as possible, consistent with sound business practices. The Council shall consult with such customers and consumers in the conduct of such studies. [Northwest Power Act, §4(e)(4), 94 Stat. 2706.]

839b(f). Model conservation standards; surcharges

839b(f)(1). Model conservation standards to be included in the plan shall include, but not be limited to, standards applicable to (A) new and existing structures, (B) utility, customer, and governmental conservation programs, and (C) other consumer actions for achieving conservation. Model conservation standards shall reflect geographic and climatic differences within the region and other appropriate considerations, and shall be designed to produce all power savings that are cost-effective for the region and economically feasible for consumers, taking into account financial assistance made available to consumers under section 839d(a) of this title. These model conservation standards shall be adopted by the Council and included in the plan after consultation, in such manner as the Council deems appropriate, with the Administrator, States, and political subdivisions, customers of the Administrator, and the public. [Northwest Power Act, §4(f)(1), 94 Stat. 2706-7.]

839b(f)(2). The Council by a majority vote of the members of the Council is authorized to recommend the Administrator a surcharge and the Administrator may thereafter impose such a surcharge, in accordance with the methodology provided in the plan, on customers for those portions of their loads within the region that are within States or political subdivisions which have not, or on the Administrator's customers which have not, implemented conservation measures that achieve energy savings which the Administrator determines are comparable to those which would be obtained under such standards. Such surcharges shall be established to recover such additional costs as the Administrator determines will be incurred because such projected energy savings attributable to such conservation measures have not been achieved, but in no case may such surcharges be less than 10 per centum or more than 50 per centum of the Administrator's applicable rates for such load or portion thereof. [Northwest Power Act, §4(f)(2), 94 Stat. 2707.]

839b(g). Public information; consultation; contracts and technical assistance

839b(g)(1). To insure widespread public involvement in the formulation of regional power policies, the Council and Administrator shall maintain comprehensive programs to--

839b(g)(1)(A). inform the Pacific Northwest public of major regional power issues, [Northwest Power Act, §4(g)(1)(A), 94 Stat. 2707.]

839b(g)(1)(B). obtain public views concerning major regional power issues, and [Northwest Power Act, §4(g)(1)(B), 94 Stat. 2707.]

839b(g)(1)(C). secure advice and consultation from the Administrator's customers and others. [Northwest Power Act, §4(g)(1)(C), 94 Stat. 2707.]

839b(g)(2). In carrying out the provisions of this section, the Council and the Administrator shall--

839b(g)(2)(A). consult with the Administrator's customers; [Northwest Power Act, §4(g)(2)(A), 94 Stat. 2707.]

839b(g)(2)(B). include the comments of such customers in the record of the Council's proceedings; and [Northwest Power Act, §4(g)(2)(B), 94 Stat. 2707.]

839b(g)(2)(C). recognize and not abridge the authorities of State and local governments, electric utility systems, and other non-Federal entities responsible to the people of the Pacific Northwest for the planning, conservation, supply, distribution, and use of electric power and the operation of electric generating facilities. [Northwest Power Act, §4(g)(2)(C), 94 Stat. 2707.]

839b(g)(3). In the preparation, adoption, and implementation of the plan, the Council and the Administrator shall encourage the cooperation, participation, and assistance of appropriate Federal agencies, State entities, State political subdivisions, and Indian tribes. The Council and the Administrator are authorized to contract, in accordance with applicable law, with such agencies, entities, tribes, and subdivisions individually, in groups, or through associations thereof to (A) investigate possible measures to be included in the plan, (B) provide public involvement and information regarding a proposed plan or amendment thereto, and (C) provide services which will assist in the implementation of the plan. In order to assist in the implementation of the plan, particularly conservation, renewable resource, and fish and wildlife activities, the Administrator, when requested and subject to available funds, may provide technical assistance in establishing conservation, renewable resource, and fish and wildlife objectives by individual States or subdivisions thereof or Indian tribes. Such objectives, if adopted by a State or subdivision thereof or Indian tribes, may be submitted to the Council and the Administrator for review, and upon approval by the Council, may be incorporated as part of the plan. [Northwest Power Act, §4(g)(3), 94 Stat. 2707-8.]

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