16 U.S.C. § 832c

Distribution of electricity; preference to public bodies and cooperatives

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(a) General provisions

In order to insure that the facilities for the generation of electric energy at the Bonneville project shall be operated for the benefit of the general public, and particularly of domestic and rural consumers, the administrator shall at all times, in disposing of electric energy generated at said project, give preference and priority to public bodies and cooperatives.

(b) Prior to January 1, 1942; subsequent thereto

To preserve and protect the preferential rights and priorities of public bodies and cooperatives as provided in section 11 So in original. Probably should be “subsection”. (a) and to effectuate the intent and purpose of this chapter that at all times up to January 1, 1942, there shall be available for sale to public bodies and cooperatives not less than 50 per centum of the electric energy produced at the Bonneville project, it shall be the duty of the administrator in making contracts for the sale of such energy to so arrange such contracts as to make such 50 per centum of such energy available to said public bodies and cooperatives until January 1, 1942: Provided, That the electric energy so reserved for but not actually purchased by and delivered to such public bodies and cooperatives prior to January 1, 1942, may be disposed of temporarily so long as such temporary disposition will not interfere with the purchase by and delivery to such public bodies and cooperatives at any time prior to January 1, 1942: Provided further, That nothing herein contained shall be construed to limit or impair the preferential and priority rights of such public bodies or cooperatives after January 1, 1942; and in the event that after such date there shall be conflicting or competing applications for an allocation of electric energy between any public body or cooperative on the one hand and a private agency of any character on the other, the application of such public body or cooperative shall be granted.

An application by any public body or cooperative for an allocation of electric energy shall not be denied, or another application competing or in conflict therewith be granted, to any private corporation, company, agency, or person, on the ground that any proposed bond or other security issue of any such public body or cooperative, the sale of which is necessary to enable such prospective purchaser to enter into the public business of selling and distributing the electric energy proposed to be purchased, has not been authorized or marketed, until after a reasonable time, to be determined by the administrator, has been afforded such public body or cooperative to have such bond or other security issue authorized or marketed.

(d) Congressional declaration of policy; allowance of time for creation and organization

It is declared to be the policy of the Congress, as expressed in this chapter, to preserve the said preferential status of the public bodies and cooperatives herein referred to, and to give to the people of the States within economic transmission distance of the Bonneville project reasonable opportunity and time to hold any election or elections or take any action necessary to create such public bodies and cooperatives as the laws of such States authorize and permit, and to afford such public bodies or cooperatives reasonable time and opportunity to take any action necessary to authorize the issuance of bonds or to arrange other financing necessary to construct or acquire necessary and desirable electric distribution facilities, and in all other respects legally to become qualified purchasers and distributors of electric energy available under this chapter.

(Aug. 20, 1937, ch. 720, § 4, 50 Stat. 733; Mar. 6, 1940, ch. 47, § 3, 54 Stat. 47.)Editorial NotesAmendments

1940—Subsec. (b). Act Mar. 6, 1940, substituted “January 1, 1942” for “January 1, 1941” wherever appearing.

Statutory Notes and Related SubsidiariesTransfer of Functions

Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Secretary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator.

Notes of Decisions

Cited in 33 cases, 1976–2015 · leading case: Aluminum Co. of America v. Central Lincoln Peoples' Utility District

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Aluminum Co. of America v. Central Lincoln Peoples' Utility District (1984) scotus · cites it 4× “See § 4(b) of the Project Act, 16 U. S. C. § 832c(b). BPA's other two groups of customers are private, investor-owned utilities (IOUs), and direct-service industrial customers (DSIs).”

Association of Public Agency Customers v. Bonneville Power Administration (2013) ca9 · cites it 3× “§ 832 and following) and, in particular, sections 4 and 5 thereof [16 U.S.C. §§ 832c, 832d]''). We therefore need not separately consider whether APAC's interests line up with the statutory purposes of the Bonneville Power Act.”

Portland General Electric Co. v. Bonneville Power Administration (2007) ca9 · cites it 2× “See 16 U.S.C. § 832c(a), (d). Non-preference utilities include investor-owned utilities (“IOUs”) 3 (including intervenors Avista, Pacificorp, Portland General Electric, and Puget Sound Energy), direct service industries customers (“DSIs”), 4 and all others who purchase BPÁ power…”

Alcoa, Inc. v. Bonneville Power Administration (2012) ca9 · cites it 2× “16 U.S.C. § 832c(a). These entities are “preference” customers, and BPA is required to give priority to their applications for power when competing applications from nonpreference customers are received.”

Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration (1985) ca9 · cites it 2× “§ 837a, and to public bodies and cooperatives, 16 U.S.C. § 832c(a). Sale to utilities outside the region is limited to electricity “which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate.”

Southern California Edison v. United States (2003) uscfc “In general, when selling power, BPA is obliged to give “preference and priority” to public bodies and cooperatives, 16 U.S.C. §§ 832c, 839c, and to the needs of the Pacific Northwest over users outside that region.”

Northwest Requirements Utilities v. Federal Energy Regulatory Commission (2015) ca9 “The petitioners, intervenor-respondents in the proceedings below, are either “preference customers” of Bonneville-entities with statutory preferences to buy wholesale electricity, see 16 U.S.C. § 832c(a), (d) — or trade organizations representing the interests of Bonneville’s…”

Pacific Northwest Generating Cooperative v. Dept. of Energy (2009) ca9 “See 16 U.S.C. § 832c(a). 4 Rising energy prices have made the relatively inexpensive federal power generated by BPA more attractive than ever, not only to BPA’s regional “ ‘preference’ customers,” Aluminum Co.”

Golden Northwest Aluminum, Inc. v. Bonneville Power Administration (2007) ca9 “” 16 U.S.C. § 832c(a). Similarly, section 5(a) of the NWPA provides that “[a]ll power sales under this chapter shall be subject at all times to the preference and priority provisions of the Bonneville Project Act.”

Natural Resources Defense Council, Inc. v. Hodel (1977) ord · cites it 2× “Although power is to be sold for the benefit of the public and particularly of domestic and rural consumers with preference and priority to public bodies and cooperatives, 16 U.S.C. § 832c, there is no regional plan of development either by geographical area, by customer, or by…”

Sierra Club v. Donald P. Hodel, as Administrator of the Bonneville Power Administration (1976) ca9 “Although power is to be sold for the benefit of the public and particularly of domestic and rural consumers with preference and priority to public bodies and cooperatives, 16 U.S.C. § 832c, there is no regional plan of development either by geographical area, by customer, or by…”

Pacific Northwest Generating Cooperative v. Brown (1993) ord “However, PPC also contends that its interest in this litigation is “unique” because its members enjoy a statutory preference and priority in BPA’s sales of electricity under the Bonneville Project Act, 16 U.S.C. § 832c(a), PPC participates in BPA’s rate making proceedings, and…”

Show all 33 citing cases →

— 16 U.S.C. § 832c(a) — 23 cases

Portland General Electric Co. v. Bonneville Power Administration (2007) ca9 “See 16 U.S.C. § 832c(a), (d). Non-preference utilities include investor-owned utilities (“IOUs”) 3 (including intervenors Avista, Pacificorp, Portland General Electric, and Puget Sound Energy), direct service industries customers (“DSIs”), 4 and all others who purchase BPÁ power…”

Alcoa, Inc. v. Bonneville Power Administration (2012) ca9 “16 U.S.C. § 832c(a). These entities are “preference” customers, and BPA is required to give priority to their applications for power when competing applications from nonpreference customers are received.”

Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration (1985) ca9 “§ 837a, and to public bodies and cooperatives, 16 U.S.C. § 832c(a). Sale to utilities outside the region is limited to electricity “which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate.”

Association of Public Agency Customers v. Bonneville Power Administration (2013) ca9 “§ 832 and following) and, in particular, sections 4 and 5 thereof [16 U.S.C. §§ 832c, 832d]''). We therefore need not separately consider whether APAC's interests line up with the statutory purposes of the Bonneville Power Act.”

— 16 U.S.C. § 832c(b) — 5 cases

Aluminum Co. of America v. Central Lincoln Peoples' Utility District (1984) scotus “See § 4(b) of the Project Act, 16 U. S. C. § 832c(b). BPA's other two groups of customers are private, investor-owned utilities (IOUs), and direct-service industrial customers (DSIs).”

Pacific Northwest Generating Cooperative v. Brown (1994) ca9

Kaiser Aluminum & Chemical Corp. v. Bonneville Power Administration (2001) ca9

Authority of Bonneville Power Administration to Engage in Pilot Energy Conservation Programs (1979) olc

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