§837 — Title 16 Conservation | U.S. Code

Summary

Defines key words used in this chapter. Secretary means the Secretary of Energy. Pacific Northwest means Oregon and Washington; Montana west of the Continental Divide; the parts of Nevada, Utah, and Wyoming that lie in the Columbia River drainage basin; and the parts of Idaho the Secretary decides are in the Federal Columbia River power system marketing area. It also includes nearby areas up to 75 airline miles away that were part of a rural electric cooperative’s service area on December 5, 1980, and that serve both inside and outside that region. Surplus energy means hydroelectric power in the Pacific Northwest that would otherwise be wasted because there is no market there. Surplus peaking capacity means hydroelectric peak power in the Pacific Northwest for which there is no demand there. Non‑Federal utility means any utility not owned or controlled by the United States, and it also covers entities the utility owns or controls, entities controlled by the same people, or organizations the utility is a member of. Energy requirements of any Pacific Northwest customer means the full electricity needs of (1) any buyer from the United States for use in the Pacific Northwest, and (2) any non‑Federal utility in the region beyond what it can get from its own hydro plants and beyond any extra energy it can obtain under an existing contract either at no higher incremental cost than the U.S. rate or that it must accept. Words not defined here have the meanings in the March 1949 Glossary of Important Power and Rate Terms prepared under the Federal Power Commission, unless the context requires otherwise.

Title 16, §837

Conservation — Source: USLM XML via OLRC

As used in this chapter—

(a)“Secretary” means the Secretary of Energy.

(b)“Pacific Northwest” means (1) the region consisting of the States of Oregon and Washington, the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Columbia drainage basin and of the State of Idaho as the Secretary may determine to be within the marketing area of the Federal Columbia River power system, and (2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region.

(c)“Surplus energy” means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate.

(d)“Surplus peaking capacity” means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any established rate.

(e)“Non-Federal utility” means any utility not owned or controlled by the United States, including any entity (1) which such a utility owns or controls, in whole or in part, or is controlled by, (2) which is controlled by those controlling such utility, or (3) of which such utility is a member.

(f)“Energy requirements of any Pacific Northwest customer” means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pacific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy available for its own use from its generating plants in the Pacific Northwest, and (ii) any additional energy available for use in the Pacific Northwest which, under a then existing contract, the utility (A) can obtain at no higher incremental cost than the rate charged by the United States, or (B) is required to accept.

(g)Terms not defined herein shall, unless the context requires otherwise, have the meaning given them in the March 1949 Glossary of Important Power and Rate Terms prepared under the supervision of the Federal Power Commission.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (b)(2). Pub. L. 96–501 substituted “(2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region” for “(2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a distribution cooperative which has (i) no generating facilities, and (ii) a distribution system from which it serves both within and without said region”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–501 effective Dec. 5, 1980, see section 11 of Pub. L. 96–501, set out as an

Effective Date

note under section 839 of this title.

Transfer of Functions

“Secretary of Energy” substituted for “Secretary of the Interior” in subsec. (a) pursuant to Pub. L. 95–91, § 302(a), which is classified to section 7152(a) of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by section 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.

§837 Definitions

Summary

Title 16, §837

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata