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U.S. Code as of:
01/19/04
Section 832m. Sale of excess Federal power; fish and wildlife conservation within Federal Columbia River Power System; residential exchange; personnel flexibility
(a) Definitions
In this section:
(1) Administrator
The term "Administrator" means the Administrator of the
Bonneville Power Administration.
(2) Council
The term "Council" means the Northwest Power and Conservation
Planning Council.
(3) Excess Federal power
The term "excess Federal power" means such electric power that
has become surplus to the firm contractual obligations of the
Administrator under section 839c(f) of this title due to either -
(A) any reduction in the quantity of electric power that the
Administrator is contractually required to supply under
subsections (b) and (d) of section 839c of this title, due to
the election by customers of the Bonneville Power
Administration to purchase electric power from other suppliers,
as compared to the quantity of electric power that the
Administrator was contractually required to supply as of
January 1, 1995; or
(B) those operations of the Federal Columbia River Power
System that are primarily for the benefit of fish and wildlife
affected by the development, operation, or management of the
System.
(b) Sale of excess Federal power
Notwithstanding section 837a of this title, subsections (a), (b),
and (c) of section 837b of this title, and section 837f of this
title, and section 839f(c) of this title, the Administrator may, as
permitted by otherwise applicable law, sell or otherwise dispose of
excess Federal power -
(1) outside the Pacific Northwest on a firm basis for a
contract term of not to exceed 7 years, if the excess Federal
power is first offered for a reasonable period of time and under
the same essential rate, terms and conditions to those Pacific
Northwest public body, cooperative and investor-owned utilities
and those direct service industrial customers identified in
subsection (b) or (d)(1)(A) of section 839c of this title; and
(2) in any region without the prohibition on resale established
by the second sentence of section 832d(a) of this title.
(c) Study by Council
(1) (!1) Within 180 days of November 13, 1995, the Council shall
review and report to Congress regarding the most appropriate
governance structure to allow more effective regional control over
efforts to conserve and enhance anadromous and resident fish and
wildlife within the Federal Columbia River Power System.
(d) Corps of Engineers procurement
The Assistant Secretary of the Army for Civil Works, acting
through the North Pacific Division of the Corps of Engineers, is
authorized to place orders for goods and services related to
facilities for electric power generation and fish and wildlife
mitigation associated with the Federal Columbia River Power System
with and through the Administrator using the authorities available
to the Administrator.
(e) Residential exchange
Notwithstanding the establishment, confirmation and approval of
rates pursuant to section 839e of this title, and notwithstanding
the provisions of section 839c(c) of this title, the cost benefits
of eligible utilities' total purchase and exchange sales under
section 839c(c)(1) of this title shall be $145,000,000 for fiscal
year 1997, and the net benefits paid to each eligible electric
utility shall be $145,000,000 multiplied by the percentage of the
total of such net benefits paid by the Administrator to such
utility for fiscal year 1995.
(f) Personnel flexibility
The Administrator may offer employees voluntary separation
incentives as deemed necessary which shall not exceed $25,000.
Recipients who accept employment with the United States within five
years after separation shall repay the entire amount to the
Bonneville Power Administration.
(g) Savings
Unless superseded by an Act of Congress, the authority provided
by this section is expressly intended to extend beyond the fiscal
year.
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