§ 839g. — Savings provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC839g]
TITLE 16--CONSERVATION
CHAPTER 12H--PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION
Sec. 839g. Savings provisions
(a) Rights of States and political subdivisions of States
Nothing in this chapter shall be construed to affect or modify any
right of any State or political subdivision thereof or electric utility
to--
(1) determine retail electric rates, except as provided by
section 839c(c)(3) of this title;
(2) develop and implement plans and programs for the
conservation, development, and use of resources; or
(3) make energy facility siting decisions, including, but not
limited to, determining the need for a particular facility,
evaluating alternative sites, and considering alternative methods of
meeting the determined need.
(b) Rights and obligations under existing contracts
Nothing in this chapter shall alter, diminish, or abridge the rights
and obligations of the Administrator or any customer under any contract
existing as of December 5, 1980.
(c) Statutory preferences and priorities of public bodies and
cooperatives in sale of federally generated power
Nothing in this chapter shall alter, diminish, abridge, or otherwise
affect the provisions of other Federal laws by which public bodies and
cooperatives are entitled to preference and priority in the sale of
federally generated electric power.
(d) Contractual rights under provisions later found to be
unconstitutional
If any provision of this chapter is found to be unconstitutional,
then any contract entered into by the Administrator, prior to such
finding and in accordance with such provisions, to sell power, acquire
or credit resources, or to reimburse investigation and preconstruction
expenses pursuant to section 839c of this title, and section 839d(a),
(f) or (h) of this title shall not be affected by such finding.
(e) Treaty and other rights of Indian tribes
Nothing in this chapter shall be construed to affect or modify any
treaty or other right of an Indian tribe.
(f) Reservation of electric power for Montana; Hungry Horse and Libby
Dams and Reservoirs
The reservation under law of electric power primarily for use in the
State of Montana by reason of the construction of Hungry Horse and Libby
Dams and Reservoirs within that State is hereby affirmed. Such
reservation shall also apply to 50 per centum of any electric power
produced at Libby Reregulating Dam if built. Electric power so reserved
shall be sold at the rate or rates set pursuant to section 839e of this
title.
(g) Rights of States to prohibit recovery of resource construction costs
through retail rates
Nothing in this chapter shall be construed to affect or modify the
right of any State to prohibit utilities regulated by the appropriate
State regulatory body from recovering, through their retail rates, costs
during any period of resource construction.
(h) Water appropriations
Nothing in this chapter shall be construed as authorizing the
appropriation of water by any Federal, State, or local agency, Indian
tribe, or any other entity or individual. Nor shall any provision of
this chapter of any plan or program adopted pursuant to the chapter (1)
affect the rights or jurisdictions of the United States, the States,
Indian tribes, or other entities over waters of any river or stream or
over any groundwater resource, (2) alter, amend, repeal, interpret,
modify, or be in conflict with any interstate compact made by the
States, or (3) otherwise be construed to alter or establish the
respective rights of States, the United States, Indian tribes, or any
person with respect to any water or water-related right.
(i) Existing Federal licenses, permits, and certificates
Nothing in this chapter shall be construed to affect the validity of
any existing license, permit, or certificate issued by any Federal
agency pursuant to any other Federal law.
(Pub. L. 96-501, Sec. 10, Dec. 5, 1980, 94 Stat. 2734.)
