Title 16ConservationRelease 119-73

§837d Exchange contracts

Title 16 › Chapter CHAPTER 12F— - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE; RECIPROCAL PRIORITY IN OTHER REGIONS › § 837d

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make contracts to swap power with places outside the Pacific Northwest, even if rules in sections 837a and 837b would normally limit that. These swaps can cover five kinds of supply: extra energy when Pacific Northwest reservoirs are being refilled; hydroelectric energy taken during refill that will be returned in equal amounts either during that same refill or the next period when storage is drawn down; hydroelectric energy taken during a drawdown that will be returned in equal amounts during that same drawdown; hydroelectric peaking capacity; and surplus peaking capacity for energy. All benefits from these swaps, including any increase in reliable (firm) power, must be shared fairly among the areas involved. The sharing must take into account each area’s secondary energy and other contributions.

Full Legal Text

Title 16, §837d

Conservation — Source: USLM XML via OLRC

Without regard to the limitations specified in section 837a and 837b of this title, the Secretary may enter into contracts for the exchange with areas other than the Pacific Northwest of (1) surplus energy during the Pacific Northwest storage refill period, (2) any hydroelectric energy during the Pacific Northwest storage refill period which will be returned to the Pacific Northwest in equal amounts during the same Pacific Northwest refill period or the succeeding storage drawdown period, (3) any hydroelectric energy which will be returned to the Pacific Northwest in equal amounts during the same Pacific Northwest storage drawdown period, (4) hydroelectric peaking capacity, or (5) surplus peaking capacity for energy. All benefits from such exchanges, including resulting increases of firm power, shall be shared equitably by the areas involved, having regard to the secondary energy and other contributions made by each.

Reference

Citations & Metadata

Citation

16 U.S.C. § 837d

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73