§ 835j. — Projects marketing commercial power and energy; consolidated financial statement to President and Congress; adjustment of rates to assure return of reimbursable construction costs within prescribed period.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC835j]
TITLE 16--CONSERVATION
CHAPTER 12D--COLUMBIA BASIN PROJECT
Sec. 835j. Projects marketing commercial power and energy;
consolidated financial statement to President and Congress;
adjustment of rates to assure return of reimbursable
construction costs within prescribed period
The Secretary of the Interior shall prepare, maintain, and present
annually to the President and the Congress a consolidated financial
statement for all projects heretofore or hereafter authorized, including
the third powerplant at Grand Coulee Dam, from or by means of which
commercial power and energy is marketed through the facilities of the
Federal Columbia River power system and for all other projects
associated therewith to the extent that the costs of these projects are
required by law to be charged to and returned from net revenues derived
from the power and energy, or any power and energy, so marketed, and he
shall, if said consolidated statement indicates that the reimbursable
construction costs of the projects, or any of the projects, covered
thereby which are chargeable to and returnable from the commercial power
and energy so marketed are likely not to be returned within the period
prescribed by law, take prompt action to adjust the rates charged for
such power and energy to the extent necessary to assure such return.
(Pub. L. 89-448, Sec. 2(a), formerly Sec. 2, June 14, 1966, 80 Stat.
200, renumbered Pub. L. 89-561, Sec. 6(1), Sept. 7, 1966, 80 Stat. 714.)
Codification
Section is comprised of first sentence of first par. of section 2(a)
of Pub. L. 89-448, as so designated by Pub. L. 89-561. Second sentence
of the first par. repealed section 832h(c) of this title; second par. of
such section 2(a) is classified to section 835k of this title; subsecs.
(b) and (c) of section 2 are classified to sections 835l and 835m of
this title, respectively.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of this
section requiring annual presentation to Congress of a consolidated
financial statement, see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance, and the
11th item on page 86 of House Document No. 103-7.
Transfer of Functions
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are
to be exercised by Secretary through a separate Administration within
Department of Energy.
Ex. Ord. No. 8526. Coordinating the Electrical Facilities of Grand
Coulee Dam Project and Bonneville Project
Ex. Ord. No. 8526, Aug. 26, 1940, 5 F.R. 3390, as amended by Ex.
Ord. No. 12038, Sec. 3(a), Feb. 3, 1978, 43 F.R. 4957, provided:
WHEREAS the Bureau of Reclamation is constructing the Grand Coulee
Dam Project [now Columbia Basin Project] pursuant to authority delegated
under section 2 of the act of August 30, 1935, 49 Stat. 1028, 1039, and
in connection therewith will operate and maintain facilities for the
generation of electrical power and energy; and
WHEREAS the Bonneville Power Administrator is now disposing of power
and energy generated at the Bonneville Project; and
WHEREAS integration and coordination of the electrical facilities of
the two projects will be facilitated by a mutual exchange of the
electrical power and energy generated at the Bonneville Project and the
Grand Coulee Dam Project and by marketing the power and energy from both
projects through a single agency:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by section 2 of the act of August 30, 1935, supra,
and supplementing my letter of January 29, 1936, to the Secretary of the
Interior, it is hereby ordered as follows:
1. The Bonneville Power Administrator is hereby designated, under
the supervision and direction of the Secretary of Energy, as agent for
the sale and distribution of electrical power and energy generated at
the Grand Coulee Dam Project and not required for operation of that
Project, including its irrigation features.
2. The Administrator shall construct, operate, and maintain the
transmission lines and substations and appurtenant structures and
facilities necessary for marketing the power and energy delivered to him
from the Grand Coulee Dam Project; except that the Bureau of Reclamation
may construct, operate, or maintain such transmission facilities as the
Secretary of the Interior, in his discretion, deems necessary or
desirable. The Bureau of Reclamation and the Administrator, with the
approval of the Secretary of the Interior, shall agree upon and schedule
the installation of additional generators at the Grand Coulee Dam
Project.
3. The Bureau of Reclamation, with the approval of the Secretary of
the Interior, shall provide the Administrator with a basic schedule of
the power and energy to be available to him from the Grand Coulee Dam
Project. The Bureau, with the Secretary's approval, may revise the
schedule from time to time, except that no revision decreasing the
amount of power and energy available under an existing schedule shall be
effective unless agreed to by the Administrator. The Bureau will make
power and energy from the Grand Coulee Dam Project available to the
Administrator in accordance with these schedules.
4. The Administrator shall market the power and energy delivered to
him from the Grand Coulee Dam Project at rates to be fixed by the
Secretary of Energy consistently with all applicable provisions of law
and allocations of cost determined as provided thereunder. From time to
time the Secretary of Energy, consistently with all applicable
provisions of law and allocations of cost made pursuant thereto, shall
determine the basis on which the Administrator and the Bureau shall
compute the returns to be made to the Bureau for power and energy
delivered to the Administrator from the Grand Coulee Dam Project
pursuant to this order. All receipts collected by the Administrator from
transmission and sale of power and energy shall be deposited with the
Treasurer of the United States for credit to a special account, subject
to allocation by the Secretary of Energy in accordance with the
computations above provided for. Upon certification by the Secretary of
Energy, the amounts of receipts properly allocable to the Bonneville
Project shall be covered into the Treasury of the United States to the
credit of miscellaneous receipts subject to the provisions of section 2
of the act of August 20, 1937, 50 Stat. 731, 732 [16 U.S.C. 832a]. The
amounts certified by the Secretary of Energy as being allocable to the
Grand Coulee Dam Project shall be covered into the Treasury for credit
to the Reclamation Fund to the extent authorized by law.
5. In aid of this delegation of authority to the Secretary of the
Interior and the Secretary of Energy, the Commissioner of the Bureau of
Reclamation and the Bonneville Power Administrator shall, subject to the
approval of the Secretary of the Interior and the Secretary of Energy,
and the terms of this order, enter into any and all agreements that are
necessary for the interconnection of the Bonneville Project and the
Grand Coulee Dam Project and to carry out the provisions of this order.
Section Referred to in Other Sections
This section is referred to in section 835l of this title; title 43
sections 615rrr, 616nnnn, 616uuuu.
