Page:United States Statutes at Large Volume 78.djvu/798

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[78 STAT. 756]
[78 STAT. 756]
PUBLIC LAW 88-000—MMMM. DD, 1964

756

PUBLIC LAW 88-552-AUG. 31, 1964

[78 STAT.

Public Law 88-552 August 31, 1964 [S. 1007]

Pacific Northwest, Federal hydroelectric plants. Definitions.

Notice to purchasers.

Deliveries.

AN ACT To guarantee electric consumers in the Pacific Northwest first call on electric energy generated at Federal hydroelectric plants in that region and to guarantee electric consumers in other regions reciprocal priority, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act— (a) "Secretary" means the Secretary of the Interior. (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 distribution cooperative which has (i) no generatin|^ facilities, and (ii) 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. SEC. 2. Subject to the provisions of this Act, the sale, delivery, and exchange of electric energy generated at, and peaking capacity of, Federal hydroelectric plants m the Pacific Northwest for use outside the Pacific Northwe^ shall be limited to surplus energy and surplus peaking capacity. At least 30 days prior to the execution of any contract for the sale, delivery, or exchange of surplus energy or surplus peaking capacity for use outside the Pacific Northwest, the Secretary shall give the then customers of the Booneville Powder Administration written notice that negotiations for such a contract are pending, and thereafter, at any customer's request, make available for its inspection current drafts oi the proposed contract. SEC. 3. (a^ Any contract for the sale or exchange of surplus energy for use outside the Pacific Northwest, or as replacement, directly or