For the purpose of improving navigation on the Columbia River, and for other purposes incidental thereto, the dam, locks, power plant, and appurtenant works under construction on August 20, 1937, at Bonneville, Oregon and North Bonneville, Washington (called Bonneville project in this chapter), shall be completed, maintained, and operated under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, subject to the provisions of this chapter relating to the powers and duties of the Bonneville power administrator provided for in section 832a(a) of this title (called the administrator in this chapter) respecting the transmission and sale of electric energy generated at said project. The Secretary of the Army shall provide, construct, operate, maintain, and improve at Bonneville project such machinery, equipment, and facilities for the generation of electric energy as the administrator may deem necessary to develop such electric energy as rapidly as markets may be found therefor. The electric energy thus generated and not required for the operation of the dam and locks at such project and the navigation facilities employed in connection therewith shall be delivered to the administrator, for disposition as provided in this chapter.
Notes of Decisions
S. California Edison v. United States, 58 Fed. Cl. 313 (Fed. Cl. 2003).
· cites it 3× “Four separate acts constitute the principal components of this framework: the Bonneville Project Act of 1937, as amended, 16 U.S.C. §§ 832 -832m; the Pacific *315 Northwest Consumer Power Preference Act of 1964, as amended, 16 U.”
City of Burbank, California v. United States, 273 F.3d 1370 (Fed. Cir. 2001).
· cites it 3× “See 16 U.S.C. §§ 832 -832m (2000). Whenever the BPA generates sufficient electric energy to satisfy the demand of its primary service area, any electric energy above this amount is defined as surplus.”
Spence v. Smyth, 686 P.2d 597 (Wyo. 1984).
· cites it 6× “16 U.S.C. § 832 et seq. BPA supplies power to, among others, Lower Valley Power & Light Company (LV), which is a rural electric distribution cooperative serving Lincoln, Sublette and Teton Counties in Wyoming and two Idaho counties.”
Bonneville Power Admin. v. Mirant Corp., 440 F.3d 238 (5th Cir. 2006).
“See generally Bonneville Project Act of 1937, 16 U.S.C. § 832 . Originally, BPA marketed the energy produced for the benefit of the public, particularly domestic and rural customers, giving preference and priority to public bodies and cooperatives.”
Ass'n of Pub. Agency Customers v. Bonneville Power Admin., 733 F.3d 939 (9th Cir. 2013).
“§ 839c(a) (stating that all power sales conducted pursuant to section 5 of the NWPA are “subject at all times to the preference and priority provisions of the Bonneville Project Act of 1937 ( 16 U.S.C. § 832 and following) and, in particular, sections 4 and 5 thereof [16 U.”
United States v. City of Fulton, 475 U.S. 657 (1986).
“731 , codified as amended at 16 U. S. C. §§ 832 -832L The relevant provisions of the two statutes are essentially identical, however, and the Commission and Secretary have treated them interchangeably.”
Pac. Nw. Generating Coop. v. Dept. of Energy, 580 F.3d 792 (9th Cir. 2009).
“The Bonneville Project Act of 1937 (“Project Act”), 16 U.S.C. § 832 -832j, cre *799 ated BPA as the authority responsible for the “sale and disposition” of the electric energy generated by the federal hydroelectric projects in the Pacific Northwest.”
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