Title 42The Public Health and WelfareRelease 119-73

§2204 Electric utility contracts; authority to enter into; cancellation; submission to Energy Committees

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER XIII— - GENERAL AUTHORITY OF COMMISSION › § 2204

Last updated Apr 6, 2026|Official source

Summary

The Commission can make new or change old contracts to buy electric service for the Oak Ridge, Paducah, and Portsmouth sites for up to 25 years, even if that means not following some federal rules about spending and contracting in title 31. The Commission may end those contracts early if it pays the cancellation costs written into the contract. Money already or later given to the Commission can be used to pay those costs. If the Commission or another federal agency later buys power from that contractor before the original contract would have ended, those cancellation payments must be considered when setting the price. If the Tennessee Valley Authority would have provided the power, the Commission may instead hire someone to supply TVA. Any contract made this way must be sent to the Energy Committees. There is a 30-day waiting period while Congress is in session before the contract takes effect. Days when either House is out for more than three days do not count. The Energy Committees can waive all or part of the 30-day wait in writing.

Full Legal Text

Title 42, §2204

The Public Health and Welfare — Source: USLM XML via OLRC

The Commission is authorized in connection with the construction or operation of the Oak Ridge, Paducah, and Portsmouth installations of the Commission, without regard to section 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31, to enter into new contracts or modify or confirm existing contracts to provide for electric utility services for periods not exceeding twenty-five years, and such contracts shall be subject to termination by the Commission upon payment of cancellation costs as provided in such contracts, and any appropriation presently or hereafter made available to the Commission shall be available for the payment of such cancellation costs. Any such cancellation payments shall be taken into consideration in determination of the rate to be charged in the event the Commission or any other agency of the Federal Government shall purchase electric utility services from the contractor subsequent to the cancellation and during the life of the original contract. The authority of the Commission under this section to enter into new contracts or modify or confirm existing contracts to provide for electric utility services includes, in case such electric utility services are to be furnished to the Commission by the Tennessee Valley Authority, authority to contract with any person to furnish electric utility services to the Tennessee Valley Authority in replacement thereof. Any contract hereafter entered into by the Commission pursuant to this section shall be submitted to the Energy Committees and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days) before the contract of the Commission shall become effective: Provided, however, That the Energy Committees, after having received the proposed contract, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification “section 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31” substituted in text for “section 3679 of the Revised Statutes, as amended [31 U.S.C. 665]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1994—Pub. L. 103–437 substituted “Energy Committees” for “Joint Committee” in two places.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2204

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73