Reports & papers Northwest Power Act

Review of administrator's actions

839b(i). Review

The Council may from time to time review the actions of the Administrator pursuant to this section and section 839d of this title to determine whether such actions are consistent with the plan and programs, the extent to which the plan and programs is being implemented, and to assist the Council in preparing amendments to the plan and programs. [Northwest Power Act, §4(i), 94 Stat. 2711.]

839b(j). Requests by Council for action

839b(j)(1). The Council may request the Administrator to take an action under section 839d of this title to carry out the Administrator's responsibilities under the plan. [Northwest Power Act, §4(j)(1), 94 Stat. 2711.]

839b(j)(2). To the greatest extent practicable within ninety days after the Council's request, the Administrator shall respond to the Council in writing specifying--

839b(j)(2)(A). the means by which the Administrator will undertake the action or any modification thereof requested by the Council, or [Northwest Power Act, §4(j)(2)(A), 94 Stat. 2711.]

839b(j)(2)(B). the reasons why such action would not be consistent with the plan, or with the Administrator's legal obligations under this chapter, or other provisions of law, which the Administrator shall specifically identify. [Northwest Power Act, §4(j)(2)(B), 94 Stat. 2711.]

839b(j)(3). If the Administrator determines not to undertake the requested action, the Council, within sixty days after notice of the Administrator's determination, may request the Administrator to hold an informal hearing and make a final decision. [Northwest Power Act, §4(j)(3), 94 Stat. 2711.]

839b(k). Review and analysis of 5-year period of Council activities

839b(k)(1). Not later than October 1, 1987, or six years after the Council is established under this chapter, whichever is later, the Council shall complete a thorough analysis of conservation measures and conservation resources implemented pursuant to this chapter during the five-year period beginning on the date the Council is established under this chapter to determine if such measures or resources:

839b(k)(1)(A). have resulted or are likely to result in costs to consumers in the region greater than the costs of additional generating resources or additional fuel which the Council determines would be necessary in the absence of such measures or resources; [Northwest Power Act, §4(k)(1)(A), 94 Stat. 2711-2.]

839b(k)(1)(B). have not been or are likely not to be generally equitable to all consumers in the region; or [Northwest Power Act, §4(k)(1)(B), 94 Stat. 2712.]

839b(k)(1)(C). have impaired or are likely to impair the ability of the Administrator to carry out his obligations under this chapter and other laws, consistent with sound business practices. [Northwest Power Act, §4(k)(1)(C), 94 Stat. 2712.]

839b(k)(2). The Administrator may determine that section 839a(4)(D) of this title shall not apply to any proposed conservation measure or resource if the Administrator finds after receipt of such analysis from the Council that such measure or resource would have any result or effect described in subparagraph (A), (B) or (C) of paragraph (1). [Northwest Power Act, §4(k)(2), 94 Stat. 2712.]

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