Provisions and legislative history
839f. Administrative provisions
839f(a). Contract authority
Subject to the provisions of this chapter, The Administrator is
authorized to contract in accordance with section 2(f) of the Bonneville
Project Act of 1937 (16 U.S.C. 832a(f)). Other provisions of law applicable
to such contracts on December 5, 1980, shall continue to be applicable.
[Northwest Power Act, §9(a), 94 Stat. 2729-30.]
839f(b). Executive and administrative functions of
Administrator of Bonneville Power Administration; sound and businesslike
implementation of chapter
The Administrator shall discharge the executive and administrative
functions of his office in accordance with the policy established by the
Bonneville Project Act of 1937 (16 U.S.C. 832 and following), section
7152(a)(2) and (3) of title 42, and this chapter. The Secretary of Energy,
the Council, and the Administrator shall take such steps as are necessary to
assure the timely implementation of this chapter in a sound and
business-like manner. Nothing in this chapter shall be construed by the
Secretary, the Administrator, or any other official of the Department of
Energy to modify, after, or otherwise affect the requirements and directives
expressed by the Congress in section 7152(a)(2) and (3) of title 42 or the
operations of such officials as they existed prior to December 5, 1980.
[Northwest Power Act, §9(b), 94 Stat. 2730.]
839f(c). Limitations and conditions on contracts for
sale or exchange of electric power for use outside Pacific Northwest
Any contract of the Administrator for the sale or exchange of electric
power for use outside the Pacific Northwest shall be subject to limitations
and conditions corresponding to those provided in sections 2 and 3 of the
Act of August 31, 1964 (16 U.S.C. 837a and 837b) for any contract for the
sale, delivery, or exchange of hydroelectric energy or peaking capacity
generated within the Pacific Northwest for use outside the Pacific
Northwest. In applying such sections for the purposes of this subsection,
the term "surplus energy" shall mean electric energy for which there is no
market in the Pacific Northwest at any rate established for the disposition
of such energy, and the term "surplus peaking capacity" shall mean electric
peaking capacity for which there is no demand in the Pacific Northwest at
the rate established for the disposition of such capacity. The authority
granted, and duties imposed upon, the Secretary by sections 5 and 7 of such
Act (16 U.S.C. 837e and 837f) [16 U.S.C. 837d and 837f] shall also apply to
the Administrator in connection with resources acquired by the Administrator
pursuant to this chapter. The Administrator shall, in making any
determination, under any contract executed pursuant to section 839c of this
title, of the electric power requirements of any Pacific Northwest customer,
which is a non-Federal entity having its own generation, exclude, in
addition to hydroelectric generated energy excluded from such requirements
pursuant to section 3(d) of such Act (16 U.S.C. 837b(d)), any amount of
energy included in the resources of such customer for service to firm loads
in the region if (1) such amount was disposed of by such customer outside
the region, and (2) as a result of such disposition, the firm energy
requirements of such customer or other customers of the Administrator are
increased. Such amount of energy shall not be excluded, if the Administrator
determines that through reasonable measures such amount of energy could not
be conserved or otherwise retained for service to regional loads. The
Administrator may sell as replacement for any amount of energy so excluded
only energy that would otherwise be surplus. [Northwest Power Act, §9(c), 94
Stat. 2730.]
839f(d). Disposition of power which does not increase
amount of firm power Administrator is obligated to provide to any customer
No restrictions contained in subsection (c) of this section shall limit
or interfere with the sale, exchange or other disposition of any power by
any utility or group thereof from any existing or new non-Federal resource
if such sale, exchange or disposition does not increase the amount of firm
power the Administrator would be obligated to provide to any customer. In
addition to the directives contained in subsections (i)(1)(B) and (i)(3) and
subject to:
839f(d)(1). any contractual obligations of the
Administrator, [Northwest Power Act, §9(d)(1), 94 Stat. 2730.]
839f(d)(2). any other obligations under existing law,
and [Northwest Power Act, §9(d)(2), 94 Stat. 2730.]
839f(d)(3). the availability of capacity in the Federal
transmission system, [Northwest Power Act, §9(d)(3), 94 Stat. 2731.]
839f(d) [cont.]. the Administrator shall provide transmission access,
load factoring, storage and other services normally attendant thereto to
such utilities and shall not discriminate against any utility or group
thereof on the basis of independent development of such resource in
providing such services. [Northwest Power Act, §9(d), 94 Stat. 2730-1.]
839f(e). Judicial review; suits
839f(e)(1). For purposes of sections 701 through 706 of
title 5, the following actions shall be final actions subject to judicial
review--
839f(e)(1)(A). adoption of the plan or amendments
thereto by the Council under section 839b of this title, adoption of the
program by the Council, and any determination by the Council under section
838b(h) of this title; [Northwest Power Act, §9(e)(1)(A), 94 Stat. 2731.]
839f(e)(1)(B). sales, exchanges, and purchases of
electric power under section 839c of this title; [Northwest Power Act,
§9(e)(1)(B), 94 Stat. 2731.]
839f(e)(1)(C). the Administrator's acquisition of
resources under section 839d of this title; [Northwest Power Act,
§9(e)(1)(C), 94 Stat. 2731.]
839f(e)(1)(D). implementation of conservation measures
under section 839d of this title; [Northwest Power Act, §9(e)(1)(D), 94
Stat. 2731.]
839f(e)(1)(E). execution of contracts for assistance
to sponsors under section 839d(f) of this title; [Northwest Power Act,
§9(e)(1)(E), 94 Stat. 2731.]
839f(e)(1)(F). granting of credits under section
839d(h) of this title; [Northwest Power Act, §9(e)(1)(F), 94 Stat. 2731.]
839f(e)(1)(G). final rate determinations under section
839e of this title; and [Northwest Power Act, §9(e)(1)(G), 94 Stat. 2731.]
839f(e)(1)(H). any rule prescribed by the
Administrator under section 839e(m)(2) of this title. [Northwest Power Act,
§9(e)(1)(H), 94 Stat. 2731.]
839f(e)(2). The record upon review of such final
actions shall be limited to the administrative record compiled in accordance
with this chapter. The scope of review of such actions without a hearing or
after a hearing shall be governed by section 706 of title 5, except that
final determinations regarding rates under section 839e of this title shall
be supported by substantial evidence in the rulemaking record required by
section 839e(i) of this title considered as a whole. The scope of review of
an action under section 839d(c) of this title shall be governed by section
706 of title 5. Nothing in this section shall be construed to require a
hearing pursuant to section 554, 556, or 557 of title 5. [Northwest Power
Act, §9(e)(2), 94 Stat. 2731.]
839f(e)(3). Nothing in this section shall be construed
to preclude judicial review of other final actions and decisions by the
Council or Administrator. [Northwest Power Act, §9(e)(3), 94 Stat. 2731.]
839f(e)(4). For purposes of this subsection--
839f(e)(4)(A). major resources shall be deemed to be
acquired upon publication in the Federal Register pursuant to section
839d(c)(4)(B) of this title; [Northwest Power Act, §9(e)(4)(A), 94 Stat.
2731.]
839f(e)(4)(B). resources, other than major resources,
shall be deemed to be acquired upon execution of the contract therefor;
[Northwest Power Act, §9(e)(4)(B), 94 Stat. 2731.]
839f(e)(4)(C). conservation measures shall be deemed
to be implemented upon execution of the contract or grant therefor; and
[Northwest Power Act, §9(e)(4)(C), 94 Stat. 2731.]
839f(e)(4)(D). rate determinations pursuant to section
839e of this title shall be deemed final upon confirmation and approval by
the Federal Energy Regulatory Commission. [Northwest Power Act, §9(e)(4)(D),
94 Stat. 2731.]
839f(e)(5). Suits to challenge the constitutionality of
this chapter, or any action thereunder, final actions and decisions taken
pursuant to this chapter by the Administrator or the Council, or the
implementation of such final actions, whether brought pursuant to this
chapter, the Bonneville Project Act [16 U.S.C. 832 et seq.], the Act of
August 31, 1964 (16 U.S.C. 837-837h), or the Federal Columbia River
Transmission System Act (16 U.S.C. 838 and following), shall be filed in the
United States court of appeals for the region. Such suits shall be filed
within ninety days of the time such action or decision is deemed final, or,
if notice of the action is required by this chapter to be published in the
Federal Register, within ninety days from such notice, or be barred. In the
case of a challenge of the plan or programs or amendments thereto, such suit
shall be filed within sixty days after publication of a notice of such final
action in the Federal Register. Such court shall have jurisdiction to hear
and determine any suit brought as provided in this section. The plan and
program, as finally adopted or portions thereof, or amendments thereto,
shall not thereafter be reviewable as a part of any other action under this
chapter or any other law. Suits challenging any other actions under this
chapter shall be filed in the appropriate court. [Northwest Power Act,
§9(e)(5), 94 Stat. 2731-2.]
839f(f). Tax treatment of interest on governmental
obligations
For purposes of enabling the Administrator to acquire resources necessary
to meet the firm load of public bodies, cooperatives, and Federal agencies
from a governmental unit at a cost no greater than the cost which would be
applicable in the absence of such acquisition, the exemption from gross
income of interest on certain governmental obligations provided in section
103(a)(1) of title 26 shall not be affected by the Administrator's
acquisition of such resources if--
839f(f)(1). the Administrator, prior to contracting for
such acquisition, certifies to his reasonable belief, that the persons for
whom the Administrator is acquiring such resources for sale pursuant to
section 839c of this title are public bodies, cooperatives, and Federal
agencies, unless the Administrator also certifies that he is unable to
acquire such resources without selling a portion thereof to persons who are
not exempt persons (as defined in section 103(b) of title 26), and
[Northwest Power Act, §9(f)(1), 94 Stat. 2732.]
839f(f)(2). based upon such certification, the
Secretary of the Treasury determines in accordance with applicable
regulations that less than a major portion of the resource is to be
furnished to persons who are not exempt persons (as defined in section
103(b) of title 26). [Northwest Power Act, §9(f)(2), 94 Stat. 2732.]
839f(f) [cont.]. The certification under paragraph (1) shall be made in
accordance with this subsection and a procedure and methodology approved by
the Secretary of the Treasury. For purposes of this subsection, the term
"major portion" shall have the meaning provided by regulations issued by the
Secretary of the Treasury. [Northwest Power Act, §9(f), 94 Stat. 2732.]
839f(g). Review of rates for sale of power to
Administrator by investor- owned utility customers
When reviewing rates for the sale of power to the Administrator by an
investor-owned utility customer under section 839c(c) or 839d of this title,
the Federal Energy Regulatory Commission shall, in accordance with section
824h of this title--
839f(g)(1). convene a joint State board, and [Northwest
Power Act, §9(g)(1), 94 Stat. 2732.]
839f(g)(2). invest such board with such duties and
authority as will assist the Commission in its review of such rates.
[Northwest Power Act, §9(g)(1), 94 Stat. 2732.]
839f(h). Companies which own or operate facilities for
the generation of electricity primarily for sale to Administrator
839f(h)(1). No "Company" (as defined in section
79b(a)(2) of title 15), which owns or operates facilities for the generation
of electricity (together with associated transmission and other facilities)
primarily for sale to the Administrator under section 839d of this title
shall be deemed an "electric utility company" (as defined in section
79b(a)(3) of the title 15), within the meaning of any provision or
provisions of chapter 2C of title 15, if at least 90 per centum of the
electricity generated by such company is sold to the Administrator under
section 839d of this title, and if--
839f(h)(1)(A). the organization of such company is
consistent with the policies of section 79a(b) and (c) of title 15, as
determined by the Securities and Exchange Commission, with the concurrence
of the Administrator, at the time of such organization; and [Northwest Power
Act, §9(h)(1)(A), 94 Stat. 2732.]
839f(h)(1)(B). participation in any facilities of such
"company" has been offered to public bodies and cooperatives in the region
pursuant to section 839d(m) of this title. [Northwest Power Act,
§9(h)(1)(B), 94 Stat. 2733.]
839f(h)(2). The Administrator shall include in any
contract for the acquisition of a major resource from such "company"
provisions limiting the amount of equity investment, if any, in such
"company" to that which the Administrator determines will be consistent with
achieving the lowest attainable power costs attributable to such major
resource. [Northwest Power Act, §9(h)(2), 94 Stat. 2733.]
839f(h)(3). In the case of any "company" which meets
the requirements of paragraph (1), the Administrator, with the concurrence
of such Commission, shall approve all significant contracts entered into by,
and between, such "company" and any sponsor company or any subsidiary of
such sponsor company which are determined to be consistent with the policies
of section 79a(b) and (c) of title 15 at the time such contracts are entered
into. The Administrator and the Securities and Exchange Commission shall
exercise such approval authority within sixty days after receipt of such
contracts. Such contracts shall not be effective without such approval.
[Northwest Power Act, §9(h)(3), 94 Stat. 2733.]
839f(h)(4). Paragraph (1) of this subsection shall
continue to apply to any such "company" unless the Administrator or the
Securities and Exchange Commission, or both, through periodic review, (A)
determine at any time that the "company" no longer operates in a manner
consistent with the policies of section 79a(b) and (c) of title 15 and in
accordance with this subsection, and (B) notify the "company" in writing of
such preliminary determination. This subsection shall cease to apply to such
"company" thirty days after receipt of notification of a final determination
thereof. A final determination shall be made only after public notice of the
preliminary determination and after a hearing completed not later than sixty
days from the date of publication of such notice. Such final determination
shall be made within thirty days after the date of completion of such
hearing. [Northwest Power Act, §9(h)(4), 94 Stat. 2733.]
839f(i). Electric power acquisition or disposition
839f(i)(1). At the request and expense of any customer
or group of customers of the Administrator within the Pacific Northwest, the
Administrator shall, to the extent practicable--
839f(i)(1)(A). acquire any electric power required by
(i) any customer or group of customers to enable them to replace resources
determined to serve firm load under section 839c(b) of this title, or (ii)
direct service industrial customers to replace electric power that is or may
be curtailed or interrupted by the Administrator (other than power the
Administrator is obligated to replace), with the cost of such replacement
power to be distributed among the direct service industrial customers
requesting such power; and [Northwest Power Act, §9(i)(1)(A), 94 Stat.
2733.]
839f(i)(1)(B). dispose of, or assist in the disposal
of, any electric power that a customer or group of customers proposes to
sell within or without the region at rates and upon terms specified by such
customer or group of customers, if such disposition is not in conflict with
the Administrator's other marketing obligations and the policies of this
chapter and other applicable laws. [Northwest Power Act, §9(i)(1)(B), 94
Stat. 2733.]
839f(i)(2). In implementing the provisions of
subparagraphs (A) and (B) of paragraph (1), the Administrator may prescribe
policies and conditions for the independent acquisition or disposition of
electric power by any direct service industrial customer or group of such
customers for the purpose of assuring each direct service industrial
customer an opportunity to participate in such acquisition or disposition.
[Northwest Power Act, §9(i)(2), 94 Stat. 2733.]
839f(i)(3). The Administrator shall furnish services
including transmission, storage, and load factoring unless he determines
such services cannot be furnished without substantial interference with his
power marketing program, applicable operating limitations or existing
contractual obligations. The Administrator shall, to the extent practicable,
give priority in making such services available for the marketing, within
and without the Pacific Northwest, of capability from projects under
construction on December 5, 1980, if such capability has been offered for
sale at cost, including a reasonable rate of return, to the Administrator
pursuant to this chapter and such offer is not accepted within one year.
[Northwest Power Act, §9(i)(3), 94 Stat. 2734.]
839f(j). Retail rate designs which encourage
conservation and efficient use of electric energy, installation of
consumer-owned renewable resources, and rate research and development
839f(j)(1). The Council, as soon as practicable after
December 5, 1980, shall prepare, in consultation with the Administrator, the
customers, appropriate State regulatory bodies, and the public, a report and
shall make recommendations with respect to the various retail rate designs
which will encourage conservation and efficient use of electric energy and
the installation of consumer-owned renewable resources on a cost-effective
basis, as well as areas for research and development for possible
application to retail utility rates within the region. Studies undertaken
pursuant to this subsection shall not affect the responsibilities of any
customer or the Administrator which may exist under the Public Utility
Regulatory Policies Act of 1978. [Northwest Power Act, §9(j)(1), 94 Stat.
2734.]
839f(j)(2). Upon request, and solely on behalf of
customers so requesting, the Administrator is authorized to (A) provide
assistance in analyzing and developing retail rate structures that will
encourage cost-effective conservation and the installation of cost-effective
consumer-owned renewable resources; (B) provide estimates of the probable
power savings and the probable amount of billing credits under section
839d(h) of this title that might be realized by such customers as a result
of adopting and implementing such retail rate structures; and (C) solicit
additional information and analytical assistance from appropriate State
regulatory bodies and the Administrator's other customers. [Northwest Power
Act, §9(j)(2), 94 Stat. 2734.]
839f(k). Executive position for conservation and
renewable resources
There is hereby established within the administration an executive
position for conservation and renewable resources. Such executive shall be
appointed by the Administrator and shall be assigned responsibility for
conservation and direct-application renewable resource programs (including
the administration of financial assistance for such programs). Such position
is hereby established in the senior executive service in addition to the
number of such positions heretofore established in accordance with other
provisions of law applicable to such positions. [Northwest Power Act, §9(k),
94 Stat. 2734.]
839g. Savings provisions
839g(a). Rights of States and political subdivisions of
States
Nothing in this chapter shall be construed to affect or modify any right
of any State or political subdivision thereof or electric utility to--
839g(a)(1). determine retail electric rates, except as
provided by section 839c(c)(3) of this title; [Northwest Power Act,
§10(a)(1), 94 Stat. 2734.]
839g(a)(2). develop and implement plans and programs
for the conservation, development, and use of resources; or [Northwest Power
Act, §10(a)(2), 94 Stat. 2734.]
839g(a)(3). make energy facility citing decisions,
including, but not limited to, determining the need for a particular
facility, evaluating alternative sites, and considering alternative methods
of meeting the determined need. [Northwest Power Act, §10(a)(3), 94 Stat.
2734.]
839g(b). Rights and obligations under existing
contracts
Nothing in this chapter shall alter, diminish, or abridge the rights and
obligations of the Administrator or any customer under any contract existing
as of December 5, 1980. [Northwest Power Act, §10(b), 94 Stat. 2735.]
839g(c). Statutory preferences and priorities of public
bodies and cooperatives in sale of federally generated power
Nothing in this chapter shall alter, diminish, abridge, or otherwise
affect the provisions of other Federal laws by which public bodies and
cooperatives are entitled to preference and priority in the sale of
federally generated electric power. [Northwest Power Act, §10(c), 94 Stat.
2735.]
839g(d). Contractual rights under provisions later
found to be unconstitutional
If any provision of this chapter is found to be unconstitutional, then
any contract entered into by the Administrator, prior to such finding and in
accordance with such provisions, to sell power, acquire or credit resources,
or to reimburse investigation and preconstruction expenses pursuant to
section 839c of this title, and section 839d(a), (f) or (h) of this title
shall not be affected by such finding. [Northwest Power Act, §10(d), 94
Stat. 2735.]
839g(e). Treaty and other rights of Indian tribes
Nothing in this chapter shall be construed to affect or modify any treaty
or other right of an Indian tribe. [Northwest Power Act, §10(e), 94 Stat.
2735.]
839g(f). Reservation of electric power for Montana;
Hungry Horse and Libby Dams and Reservoirs
The reservation under law of electric power primarily for use in the
State of Montana by reason of the construction of Hungry Horse and Libby
Dams and Reservoirs within that State is hereby affirmed. Such reservation
shall also apply to 50 per centum of any electric power produced at Libby
Reregulating Dam if built. Electric power so reserved shall be sold at the
rate or rates set pursuant to section 839e of this title. [Northwest Power
Act, §10(f), 94 Stat. 2735.]
839g(g). Rights of States to prohibit recovery of
resource construction costs through retail rates
Nothing in this chapter shall be construed to affect or modify the right
of any State to prohibit utilities regulated by the appropriate State
regulatory body from recovering, through their retail rates, costs during
any period of resource construction. [Northwest Power Act, §10(g), 94 Stat.
2735.]
839g(h). Water appropriations
Nothing in this chapter shall be construed as authorizing the
appropriation of water by any Federal, State, or local agency, Indian tribe,
or any other entity or individual. Nor shall any provision of this chapter
of any plan or program adopted pursuant to the chapter (1) affect the rights
or jurisdictions of the United States, the States, Indian tribes, or other
entities over waters of any river or stream or over any groundwater
resource, (2) alter, amend, repeal, interpret, modify, or be in conflict
with any interstate compact made by the States, or (3) otherwise be
construed to alter or establish the respective rights of States, the United
States, Indian tribes, or any person with respect to any water or
water-related right. [Northwest Power Act, §10(h), 94 Stat. 2735.]
839g(i). Existing Federal licenses, permits, and
certificates
Nothing in this chapter shall construed to affect the validity of any
existing license, permit, or certificate issued by any Federal agency
pursuant to any other Federal law. [Northwest Power Act, §10(i), 94 Stat.
2735.]
839h. Separability of provisions
If any provision of section 839b(a) through (c) of this title or any
other provision of this chapter or the application thereof to any person,
State, Indian tribe, entity, or circumstance is held invalid, neither the
remainder of section 839b of this title or any other provisions of this
chapter, nor the application of such provisions to other persons, States,
Indian tribes, entities, or circumstances, shall be affected thereby.
[Northwest Power Act, §12, 94 Stat. 2735.]
LEGISLATIVE HISTORY FOR PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND
CONSERVATION ACT
Dates of Consideration and Passage
- Senate August 3, 1979; November 19, 1980
- House November 17, 1980
- Senate Report (Energy and Natural Resources Committee) No. 96-272,
July 30, 1979 [To accompany S. 885]
- House report (Interstate and Foreign Commerce Committee) No.
96-976(I), May 15, 1980 [To accompany S. 885]
- House Report (Interior and Insular Affairs Committee) No. 976(II),
Sept. 16, 1980 [To accompany S. 885]
- Cong. Record Vol. 125 (1979)
- Cong. Record Vol. 126 (1980)
LEGISLATIVE HISTORY FOR THE ENERGY AND WATER APPROPRIATIONS ACT OF
1997
Dates of Consideration and Passage
- House July 24, 25, September 12, 1996
- Senate July 26, 29, 30, September 17, 1996
- House Report (Committee on Appropriations) 104-679 and (Committee of
Conference) 104-782
- Senate Report (Committee on Appropriations) 104-320 [To accompany
S.1959]
- Cong. Record Vol. 142 (1996)
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