§ 825s-1. — Southwestern area sale and transmission of electric power; disposition of receipts; creation of continuing fund; use of fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC825s-1]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER III--LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
Sec. 825s-1. Southwestern area sale and transmission of electric
power; disposition of receipts; creation of continuing fund; use
of fund
All receipts from the transmission and sale of electric power and
energy under the provisions of section 825s of this title, generated or
purchased in the southwestern power area, shall be covered into the
Treasury of the United States as miscellaneous receipts, except that the
Treasury shall set up and maintain from such receipts a continuing fund
of $300,000, including the sum of $100,000 in the continuing fund
established under the Administrator of the Southwestern Power
Administration in the First Supplemental National Defense Appropriation
Act, 1944 (57 Stat. 621), which shall be transferred to the fund
established; and said fund of $300,000 shall be placed to the credit of
the Secretary and shall be subject to check by him to defray emergency
expenses necessary to insure continuity of electric service and
continuous operation of the facilities, and to cover all costs in
connection with the purchase of electric power and energy and rentals
for the use of facilities for the transmission and distribution of
electric power and energy to public bodies, cooperatives, and privately
owned companies: Provided, That expenditures from this fund to cover
such costs in connection with the purchase of electric power and energy
and rentals for the use of facilities are to be made only in such
amounts as may be approved annually in appropriation Acts.
(Oct. 12, 1949, ch. 680, title I, Sec. 101, 63 Stat. 767; Aug. 31, 1951,
ch. 375, title I, Sec. 101, 65 Stat. 249.)
References in Text
The First Supplemental National Defense Appropriation Act, 1944,
referred to in text, was act Dec. 23, 1943, ch. 380, title I, Sec. 101,
57 Stat. 621, which was not classified to the Code.
Codification
Section was not enacted as part of the Federal Power Act which
generally comprises this chapter.
Section as originally enacted contained a provision relating to
maximum expenditures for the fiscal year 1952.
Amendments
1951--Act Aug. 31, 1951, inserted proviso.
Use of Fund To Pay for Purchase Power and Wheeling Expenses To Meet
Contractual Obligations During Periods of Below-Average Hydropower
Generation
Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 660, provided:
``That the continuing fund established by the Act of October 12, 1949,
c. 680, title I, section 101, as amended [16 U.S.C. 825s-1], shall also
be available on an ongoing basis for paying for purchase power and
wheeling expenses when the Administrator determines that such
expenditures are necessary to meet contractual obligations for the sale
and delivery of power during periods of below-average hydropower
generation. Payments from the continuing fund shall be limited to the
amount required to replace the generation deficiency, and only for the
project where the deficiency occurred. Replenishment of the fund shall
occur within twelve months of the month in which the funds were first
expended.''
