Page:United States Statutes at Large Volume 94 Part 3.djvu/83

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-501—DEC. 5, 1980

94 STAT. 2727

oped by, the Administrator. The decision shall include a full and complete justification of the final rates pursuant to this section. (6) The final decision of the Administrator shall become effective on confirmation and approval of such rates by the Federal Energy Regulatory Commission pursuant to subsection (a)(2) of this section. The Commission shall have the authority, in accord- Interim rates. ance with such procedures, if any, as the Commission shall promptly establish and make effective within one year after the enactment of this Act, to approve the final rate submitted by the Administrator on an interim basis, pending the Commission's final decision in accordance with such subsection. Pending the establishment of such procedures by the Commission, if such procedures are required, the Secretary is authorized to approve such interim rates during such one-year period in accordance with the applicable procedures followed by the Secretary prior to the effective date of this Act. Such interim rates, at the discretion of the Secretary, shall continue in effect until July 1, 1982. (j) All rate schedules adopted, and all power billings rendered, by the Administrator pursuant to this section shall indicate— (1) the approximate cost contribution of different resource categories to the Administrator's rates for the sale of energy and capacity, and (2) the cost of resources acquired to meet load growth within the region and the relation of such cost to the average cost of resources available to the Administrator. (k) Notwithstanding any other provision of this Act, all rates or Rate or rate rate schedules for the sale of nonfirm electric power within the schedules, United States, but outside the region, shall be established after the establishment. date of this Act by the Administrator in accordance with the procedures of subsection (i) of this section (other than the first sentence of paragraph (6) thereof) and in accordance with the Bonneville Project Act, the Flood Control Act of 1944, and the Federal 16 USC Columbia River Transmission System Act. Notwithstanding section 832-832/; 16 u e 201(0 of the Federal Power Act, such rates or rate schedules shall 825s;s33 460d, USC become effective after review by the Federal Energy Regulatory 701-1, 701a-l, Commission for conformance with the requirements of such Acts and 701b-l, 701c after approval thereof by the Commission. Such review shall be based note, 708, 709; USC 390. on the record of proceedings established under subsection (i) of this 43 USC 838 note. 16 section. The parties to such proceedings under subsection (i) shall be 16 USC 824. afforded an opportunity by the Commission for an additional hearing in accordance with the procedures established for ratemaking by the Commission pursuant to the Federal Power Act. (1) In order to further the purposes of this Act and to protect the consumers of the region, the Administrator may negotiate, or establish, rates for electric power sold by the Administrator to any entity not located in the United States which shall be equitable in relation to rates for all electric power which is, or may be, purchased by the Administrator or the Administrator's customers from entities outside the United States. In establishing rates other than by negotiation, the provisions of subsection (i) shall apply. In the case of any negotiation Negotiated rates with an entity not located in the United States, the Administrator outside U.S. shall provide public notice of any proposal to negotiate such rates. Notice. Such negotiated rates shall be not less than the rates established under this Act for nonfirm power sold within the United States but outside the region. The Administrator shall also afford notice of any rates negotiated pursuant to this subsection. (m)(l) Beginning the first fiscal year after the plan and program Payments. required by section 4(d) and (h) of this Act are finally adopted, the