16 U.S.C. § 825s

Sale of electric power from reservoir projects; rate schedules; preference in sale; construction of transmission lines; disposition of moneys

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Electric power and energy generated at reservoir projects under the control of the Department of the Army and in the opinion of the Secretary of the Army not required in the operation of such projects shall be delivered to the Secretary of Energy who shall transmit and dispose of such power and energy in such manner as to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles, the rate schedules to become effective upon confirmation and approval by the Secretary of Energy. Rate schedules shall be drawn having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the projects) of the cost of producing and transmitting such electric energy, including the amortization of the capital investment allocated to power over a reasonable period of years. Preference in the sale of such power and energy shall be given to public bodies and cooperatives. The Secretary of Energy is authorized, from funds to be appropriated by the Congress, to construct or acquire, by purchase or other agreement, only such transmission lines and related facilities as may be necessary in order to make the power and energy generated at said projects available in wholesale quantities for sale on fair and reasonable terms and conditions to facilities owned by the Federal Government, public bodies, cooperatives, and privately owned companies. All moneys received from such sales shall be deposited in the Treasury of the United States as miscellaneous receipts.

Notes of Decisions

Cited in 68 cases (3 in the last 5 years), 1951–2024 · leading case: Georgia v. United States Army Corps of Engineers

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Georgia v. United States Army Corps of Engineers (2002) ca11 · cites it 2× “In Greenwood, we stated that § 5 of the Flood Control Act of 1944, 16 U.S.C. § 825s, does not establish an entitlement to power.”

Alcoa, Inc. v. Bonneville Power Administration (2012) ca9 · cites it 2× “16 U.S.C. § 825s provides that “the Secretary of Energy .”

Pacific Northwest Generating Cooperative v. Bonneville Power Administration (2010) ca9 · cites it 3× “” 16 U.S.C. § 825s. We refused to review the decision, holding that the statute’s “widespread use” requirement was too vague to support judicial review.”

United States v. Tex-La Electric Cooperative, Inc., United States of America v. Northeast Texas Electric Cooperative, In (1982) ca5 · cites it 4× “Section 5 of the Flood Control Act of 1944, 16 U.S.C. § 825s (1976 & Supp. IV 1980), imposes a requirement that rates first be prepared by the Secretary of the Interior and then approved and confirmed by the independent Federal Power Commission before becoming effective.”

Pacific Power & Light Co. v. Duncan (1980) ord · cites it 6× “16 U.S.C. §§ 825s, 832e, 838g. Authority to approve rate schedules for electricity marketed by the BPA under the Reclamation Act was entrusted to the Secretary of the Interior.”

United States v. 14.02 Acres of Land More or Less in Fresno County (2008) ca9 “887 , 890 (1944) (codified at 16 U.S.C. § 825s). Nothing suggests that the Path 15 Upgrade was ever under the control of the Department of the Army.”

Greenwood Utilities Commission v. Mississippi Power Company, Greenwood Utilities Commission v. Mississippi Power Company (1985) ca5 · cites it 2× “1 See 16 U.S.C. § 825s. Under the Flood Control Act, SEPA must market surplus power from the hydro-electric projects in its territory “in such a manner as to encourage its most widespread use at the lowest possible rates to consumers consistent with sound business principles .”

United States v. City of Fulton (1986) scotus · cites it 2× “This case presents the question whether the Secretary of Energy violated §5 of the Flood Control Act of 1944, 16 U. S. C. §825s, or his contractual obligations by putting rates for hydroelectric power generated at federally owned dams into effect on an interim basis pending…”

Pacific Northwest Generating Cooperative v. Dept. of Energy (2009) ca9 · cites it 2× “Similarly off-base is Alcoa’s claim that BPA’s contract with Clallam is governed by the transmission line requirement contained in 16 U.S.C. § 825s (authorizing the Secretary of Energy "to construct or acquire .”

Kansas City Power & Light Company v. Douglas McKay Secretary of the Interior (1955) cadc · cites it 2× “Congress has reserved for itself control over such activities through the power of making annual appropriations for the executive departments affected, and by providing specifically that the contingent fund created by Section 5 of the Flood Control Act of 1944, 16 U.S. C.A. §…”

United States Ex Rel. Chapman v. Federal Power Commission (1953) scotus · cites it 2× “890 , 16 U. S. C. § 825s. This provision, it is said, announces a congressional policy for the guidance of the Secretary that would *156 be disturbed by the respondent company's plan; thus a specific interest of the Secretary, in addition to his more general duties relating to…”

Central Lincoln Peoples' Utility District v. Johnson (1984) ca9 · cites it 7× “When the Department of Energy was organized in 1977, the Federal Power Commission’s rate review authority was transferred to the Secretary of Energy, who ultimately delegated power to confirm and approve the PMA rates to FERC.”

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