§ 839a. — 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: 16USC839a]
TITLE 16--CONSERVATION
CHAPTER 12H--PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION
Sec. 839a. Definitions
As used in this chapter, the term--
(1) ``Acquire'' and ``acquisition'' shall not be construed as
authorizing the Administrator to construct, or have ownership of,
under this chapter or any other law, any electric generating
facility.
(2) ``Administrator'' means the Administrator of the Bonneville
Power Administration.
(3) ``Conservation'' means any reduction in electric power
consumption as a result of increases in the efficiency of energy
use, production, or distribution.
(4)(A) ``Cost-effective'', when applied to any measure or
resource referred to in this chapter, means that such measure or
resource must be forecast--
(i) to be reliable and available within the time it is
needed, and
(ii) to meet or reduce the electric power demand, as
determined by the Council or the Administrator, as appropriate,
of the Consumers of the customers at an estimated incremental
system cost no greater than that of the least-cost similarly
reliable and available alternative measure or resource, or any
combination thereof.
(B) For purposes of this paragraph, the term ``system cost''
means an estimate of all direct costs of a measure or resource over
its effective life, including, if applicable, the cost of
distribution and transmission to the consumer and, among other
factors, waste disposal costs, end-of-cycle costs, and fuel costs
(including projected increases), and such quantifiable environmental
costs and benefits as the Administrator determines, on the basis of
a methodology developed by the Council as part of the plan, or in
the absence of the plan by the Administrator, are directly
attributable to such measure or resource.
(C) In determining the amount of power that a conservation
measure or other resource may be expected to save or to produce, the
Council or the Administrator, as the case may be, shall take into
account projected realization factors and plant factors, including
appropriate historical experience with similar measures or
resources.
(D) For purposes of this paragraph, the ``estimated incremental
system cost'' of any conservation measure or resource shall not be
treated as greater than that of any nonconservation measure or
resource unless the incremental system cost of such conservation
measure or resource is in excess of 110 per centum of the
incremental system cost of the nonconservation measure or resource.
(5) ``Consumer'' means any end user of electric power.
(6) ``Council'' means, unless otherwise specifically provided,
the members appointed to the Pacific Northwest Electric Power and
Conservation Planning Council established pursuant to section 839b
of this title.
(7) ``Customer'' means anyone who contracts for the purchase of
power from the Administrator pursuant to this chapter.
(8) ``Direct service industrial customer'' means an industrial
customer that contracts for the purchase of power from the
Administrator for direct consumption.
(9) ``Electric power'' means electric peaking capacity, or
electric energy, or both.
(10) ``Federal base system resources'' means--
(A) the Federal Columbia River Power System hydroelectric
projects;
(B) resources acquired by the Administrator under long-term
contracts in force on December 5, 1980; and
(C) resources acquired by the Administrator in an amount
necessary to replace reductions in capability of the resources
referred to in subparagraphs (A) and (B) of this paragraph.
(11) ``Indian tribe'' means any Indian tribe or band which is
located in whole or in part in the region and which has a governing
body which is recognized by the Secretary of the Interior.
(12) ``Major resource'' means any resource that--
(A) has a planned capability greater than fifty average
megawatts, and
(B) if acquired by the Administrator, is acquired for a
period of more than five years.
Such term does not include any resource acquired pursuant to section
838i(b)(6) of this title.
(13) ``New large single load'' means any load associated with a
new facility, an existing facility, or an expansion of an existing
facility--
(A) which is not contracted for, or committed to, as
determined by the Administrator, by a public body, cooperative,
investor-owned utility, or Federal agency customer prior to
September 1, 1979, and
(B) which will result in an increase in power requirements
of such customer of ten average megawatts or more in any
consecutive twelve-month period.
(14) ``Pacific Northwest'', ``region'', or ``regional'' means--
(A) the area consisting of the States of Oregon, Washington,
and Idaho, the portion of the State of Montana west of the
Continental Divide, and such portions of the States of Nevada,
Utah, and Wyoming as are within the Columbia River drainage
basin; and
(B) any contiguous areas, not in excess of seventy-five air
miles from the area referred to in subparagraph (A), which are a
part of the service area of a rural electric cooperative
customer served by the Administrator on December 5, 1980, which
has a distribution system from which it serves both within and
without such region.
(15) ``Plan'' means the Regional Electric Power and conservation
plan (including any amendments thereto) adopted pursuant to this
chapter and such plan shall apply to actions of the Administrator as
specified in this chapter.
(16) ``Renewable resource'' means a resource which utilizes
solar, wind, hydro, geothermal, biomass, or similar sources of
energy and which either is used for electric power generation or
will reduce the electric power requirements of a consumer, including
by direct application.
(17) ``Reserves'' means the electric power needed to avert
particular planning or operating shortages for the benefit of firm
power customers of the Administrator and available to the
Administrator (A) from resources or (B) from rights to interrupt,
curtail, or otherwise withdraw, as provided by specific contract
provisions, portions of the electric power supplied to customers.
(18) ``Residential use'' or ``residential load'' means all usual
residential, apartment, seasonal dwelling and farm electrical loads
or uses, but only the first four hundred horsepower during any
monthly billing period of farm irrigation and pumping for any farm.
(19) ``Resource'' means--
(A) electric power, including the actual or planned electric
power capability of generating facilities, or
(B) actual or planned load reduction resulting from direct
application of a renewable energy resource by a consumer, or
from a conservation measure.
(20) ``Secretary'' means the Secretary of Energy.
(Pub. L. 96-501, Sec. 3, Dec. 5, 1980, 94 Stat. 2698.)
Section Referred to in Other Sections
This section is referred to in sections 824k, 839b, 839d-1 of this
title.
