It is declared to be the policy of the Government so far as practical to distribute and sell the surplus power generated at Muscle Shoals equitably among the States, counties, and municipalities within transmission distance. This policy is further declared to be that the projects herein provided for shall be considered primarily as for the benefit of the people of the section as a whole and particularly the domestic and rural consumers to whom the power can economically be made available, and accordingly that sale to and use by industry shall be a secondary purpose, to be utilized principally to secure a sufficiently high load factor and revenue returns which will permit domestic and rural use at the lowest possible rates and in such manner as to encourage increased domestic and rural use of electricity. It is further declared to be the policy of the Government to utilize the Muscle Shoals properties so far as may be necessary to improve, increase, and cheapen the production of fertilizer and fertilizer ingredients by carrying out the provisions of this chapter.
Notes of Decisions
David Holbrook v. Tennessee Valley Auth., 48 F.4th 282 (4th Cir. 2022).
“The most important provision for our purposes is § 11, which is codified at 16 U.S.C. § 831j. 4 USCA4 Appeal: 21-1415 Doc: 49 Filed: 09/07/2022 Pg: 5 of 27 Act, §§ 1, 22–23.”
Kentucky Agric. Energy Corp. v. Bowling Green Mun. Utils. Bd., 735 F. Supp. 226 (W.D. Ky. 1989).
· cites it 2× “a secondary purpose, to be utilized principally to secure a sufficiently high load factor and revenue returns which will permit domestic and rural use at the lowest possible rates and in such manner as to encourage increased domestic and rural use of electricity____” 16 U.S.C. §…”
4-Cnty. Elec. Power Ass'n v. Tennessee Valley Auth., 930 F. Supp. 1132 (S.D. Miss. 1996).
“16 U.S.C. § 831j. Claims for breach of contract, breach of the implied covenant of good faith and fair dealing and breach of fiduciary duty are set forth in counts two, three and four, respectively, and count five alleges that the power contract and supplement, if construed as…”
Allen v. Elec. Power Bd. of the Metro. Gov't, 422 F. Supp. 4 (M.D. Tenn. 1976).
“*8 Indeed, given the practical problems involved in the meter reading procedure, it seems to be a pragmatic, logical, and economically justified method for complying with the Congressional mandate of 16 U.S.C. § 831j, that the TVA adopt procedures “which will permit domestic and…”
Holbrook v. Tennessee Valley Auth. (W.D. Va. 2021).
“16 U.S.C. § 831j (emphasis added). Beginning in 2010, through its Strategic Pricing Plan, TVA adopted a series of rate changes that were intended to be revenue neutral.”
Alabama Power Co. v. Tennessee Valley Auth., 948 F. Supp. 1010 (N.D. Ala. 1996).
“This policy is further declared to be that the projects herein provided for shall be considered primarily as for the benefit of the people of the section as a whole and particularly the domestic and rural consumers to whom the power can economically be made available, and…”
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