U.S. Code » Title 16 » Chapter CHAPTER 12H— PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION

16 U.S.C. § 839a

Definitions

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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, § 3, Dec. 5, 1980, 94 Stat. 2698.)
Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1983–2023 · leading case: Alcoa, Inc. v. Bonneville Power Administration
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Alcoa, Inc. v. Bonneville Power Administration (2012) ca9 · cites it 6× “…to replace reductions in capability of the resources referred to in subparagraphs (A) and (B) of this paragraph.” 16 U.S.C. § 839a(10). 5 16 U.S.C. § 839e(c)(1) provides, in pertinent part: (c) Rates applicable to direct service industrial customers (1) The rate or rates…”
Aluminum Co. of America v. Central Lincoln Peoples' Utility District (1984) scotus · cites it 4× “" § 3(17), 16 U. S. C. § 839a(17) (emphasis added). [7] Respondents' discussion of this use of nonfirm power seems to us to be somewhat less than persuasive.”
City of Tacoma v. Taxpayers of City of Tacoma (1987) wash · cites it 2× “" 16 U.S.C. § 839a(19)(B) (1982). [6] In its first regional energy plan, the Regional Council concluded that conservation could free up enough electricity to supply up to 17 percent of the Northwest's electrical energy needs, which equals 4,790 megawatts, the equivalent of 4.”
Port of Seattle v. Federal Energy Regulatory Commission (2007) ca9 · cites it 2× “16 U.S.C. § 839a(14). Prices in the Pacific Northwest spot market skyrocketed during the energy crisis.”
Portland General Electric Co. v. Bonneville Power Administration (2007) ca9 “…means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption.” 16 U.S.C. § 839a(8). 5 .Section 4 of the Bonneville Project Act "give[s] preference and priority to public bodies and cooperatives.” 16 U”
Pacificorp, a Maine Corporation, Dba Pacific Power & Light Company v. Bonneville Power Administration (1988) ca9 · cites it 2× “16 U.S.C. § 839a(14) (1982). Under the Planning Act, BPA is required to exchange power at the priority firm rate with Pacificorp for resale to Pacificorp’s residential and small farm customers located within the region.”
City of Burbank, California v. United States (2001) cafc “16 U.S.C. § 839a(14) (2000); Kaiser Aluminum & Chem.”
Pacificorp v. Federal Energy Regulatory Commission, and Atlantic Richfield Co., Intervenors (1986) ca9 “§ 839c(c)(l); see also 16 U.S.C. § 839a(19) (defining “resource”).”
Blachly-Lane Electric Cooperative Ass'n v. U.S. Dept. of Energy (2003) ca9 · cites it 4× “• BPA violated 16 U.S.C. §§ 839a(10) and 839d(b)(4) by attributing 2900 aMW to FBS replacements under 16 U.”
Portland General Electric Company v. Peter Johnson, Administrator of the Bonneville Power Administration, Intalco Alumin (1985) ca9 “See 16 U.S.C. §§ 839a(17), 839e(d)(l)(A); Aluminum Co.”
Puget Sound Power & Light Co. v. United States (1991) cc “In conjunction with 16 U.S.C. § 839a(14), it defines the term “Pacific Northwest” as a specific geographical area.”
City of Burbank, California v. United States (2000) uscfc “…and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin....” 16 U.S.C. § 839a(14)(A) (1994). . Complaint (Compl.), Appendix (App.) 2. . Compl. at 6-11, 17. . Id”
Show all 26 citing cases →
— 16 U.S.C. § 839a(10) — 3 cases
Alcoa, Inc. v. Bonneville Power Administration (2012) ca9 “…to replace reductions in capability of the resources referred to in subparagraphs (A) and (B) of this paragraph.” 16 U.S.C. § 839a(10). 5 16 U.S.C. § 839e(c)(1) provides, in pertinent part: (c) Rates applicable to direct service industrial customers (1) The rate or rates…”
Blachly-Lane Electric Cooperative Ass'n v. U.S. Dept. of Energy (2003) ca9 “• BPA violated 16 U.S.C. §§ 839a(10) and 839d(b)(4) by attributing 2900 aMW to FBS replacements under 16 U.”
City of Seattle v. Johnson (1984) ord
— 16 U.S.C. § 839a(10)(A) — 2 cases
Aluminum Co. of America v. Bonneville Power Administration (1989) ca9
Aluminum Co. of America v. Bonneville Power Administration (1989) ca9
— 16 U.S.C. § 839a(10)(B) — 1 case
City of Seattle v. Johnson (1984) ord
— 16 U.S.C. § 839a(10)(C) — 1 case
Blachly-Lane Electric Cooperative Ass'n v. U.S. Dept. of Energy (2003) ca9 “• BPA violated 16 U.S.C. §§ 839a(10) and 839d(b)(4) by attributing 2900 aMW to FBS replacements under 16 U.”
— 16 U.S.C. § 839a(12)(A) — 1 case
Utility Reform Project v. Bonneville Power Administration (1989) ca9
— 16 U.S.C. § 839a(13) — 1 case
Industrial Customers of Northwest Utilities v. Bonneville Power Administration (2010) ca9
— 16 U.S.C. § 839a(14) — 8 cases
Port of Seattle v. Federal Energy Regulatory Commission (2007) ca9 “16 U.S.C. § 839a(14). Prices in the Pacific Northwest spot market skyrocketed during the energy crisis.”
Pacificorp, a Maine Corporation, Dba Pacific Power & Light Company v. Bonneville Power Administration (1988) ca9 “16 U.S.C. § 839a(14) (1982). Under the Planning Act, BPA is required to exchange power at the priority firm rate with Pacificorp for resale to Pacificorp’s residential and small farm customers located within the region.”
City of Burbank, California v. United States (2001) cafc “16 U.S.C. § 839a(14) (2000); Kaiser Aluminum & Chem.”
Puget Sound Power & Light Co. v. United States (1991) cc “In conjunction with 16 U.S.C. § 839a(14), it defines the term “Pacific Northwest” as a specific geographical area.”
Aluminum Co. of America v. Bonneville Power Administration (1989) ca9
— 16 U.S.C. § 839a(14)(A) — 3 cases
City of Burbank, California v. United States (2000) uscfc “…and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin....” 16 U.S.C. § 839a(14)(A) (1994). . Complaint (Compl.), Appendix (App.) 2. . Compl. at 6-11, 17. . Id”
Southern California Edison v. United States (2005) uscfc
Seattle Master Builders Ass'n v. Pacific Northwest Electric Power & Conservation Planning Council (1986) ca9
— 16 U.S.C. § 839a(17) — 3 cases
Aluminum Co. of America v. Central Lincoln Peoples' Utility District (1984) scotus “" § 3(17), 16 U. S. C. § 839a(17) (emphasis added). [7] Respondents' discussion of this use of nonfirm power seems to us to be somewhat less than persuasive.”
Portland General Electric Company v. Peter Johnson, Administrator of the Bonneville Power Administration, Intalco Alumin (1985) ca9 “See 16 U.S.C. §§ 839a(17), 839e(d)(l)(A); Aluminum Co.”
Central Lincoln Peoples' Utility District v. Johnson (1984) ca9
— 16 U.S.C. § 839a(19) — 1 case
Pacificorp v. Federal Energy Regulatory Commission, and Atlantic Richfield Co., Intervenors (1986) ca9 “§ 839c(c)(l); see also 16 U.S.C. § 839a(19) (defining “resource”).”
— 16 U.S.C. § 839a(19)(B) — 1 case
City of Tacoma v. Taxpayers of City of Tacoma (1987) wash “" 16 U.S.C. § 839a(19)(B) (1982). [6] In its first regional energy plan, the Regional Council concluded that conservation could free up enough electricity to supply up to 17 percent of the Northwest's electrical energy needs, which equals 4,790 megawatts, the equivalent of 4.”
— 16 U.S.C. § 839a(2) — 1 case
Public Utility District No. 1 v. Bonneville Power Administration (1991) ca9
— 16 U.S.C. § 839a(4)(A)(i) — 1 case
Scott Levy v. Npcc (2023) ca9
— 16 U.S.C. § 839a(8) — 3 cases
Portland General Electric Co. v. Bonneville Power Administration (2007) ca9 “…means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption.” 16 U.S.C. § 839a(8). 5 .Section 4 of the Bonneville Project Act "give[s] preference and priority to public bodies and cooperatives.” 16 U”
Kaiser Aluminum & Chemical Corp. v. Bonneville Power Administration (2001) ca9
Portland General v. Bpa (2007) ca9
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