§ 837. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC837]
TITLE 16--CONSERVATION
CHAPTER 12F--PACIFIC NORTHWEST CONSUMER POWER PREFERENCE; RECIPROCAL
PRIORITY IN OTHER REGIONS
Sec. 837. Definitions
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.
(Pub. L. 88-552, Sec. 1, Aug. 31, 1964, 78 Stat. 756; Pub. L. 95-91,
title III, Sec. 302(a), Aug. 4, 1977, 91 Stat. 578; Pub. L. 96-501,
Sec. 8(e), Dec. 5, 1980, 94 Stat. 2729.)
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''.
Effective Date of 1980 Amendment
Amendment 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, Sec. 302(a), which
is classified to section 7152(a) of Title 42, The Public Health and
Welfare.
Federal Power Commission terminated and the functions, personnel,
property, funds, etc., thereof transferred to Secretary of Energy
(except for certain functions transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42.
Section Referred to in Other Sections
This section is referred to in section 835k of this title.
