Page:United States Statutes at Large Volume 94 Part 3.djvu/55

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-501—DEC. 5, 1980 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 4. (7) "Customer" means anyone who contracts for the purchase of power from the Administrator pursuant to this Act. (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 longterm contracts in force on the effective date of this Act; 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) "Maior 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 thanfiveyears. Such term does not include any resource acquired pursuant to section 11(b)(6) of the Federal Clolumbia River Transmission System Act. (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

94 STAT. 2699

16 USC 838i.