U.S. Code » Title 16 » Chapter CHAPTER 12F— PACIFIC NORTHWEST CONSUMER POWER PREFERENCE; RECIPROCAL PRIORITY IN OTHER REGIONS

16 U.S.C. § 837

Definitions

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As used in this chapter—(a) “Secretary” means the Secretary of Energy.(b) “Pacific Northwest” means (1) the region consisting of the States of Oregon and Washington, the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Columbia drainage basin and of the State of Idaho as the Secretary may determine to be within the marketing area of the Federal Columbia River power system, and (2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region.(c) “Surplus energy” means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate.(d) “Surplus peaking capacity” means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any established rate.(e) “Non-Federal utility” means any utility not owned or controlled by the United States, including any entity (1) which such a utility owns or controls, in whole or in part, or is controlled by, (2) which is controlled by those controlling such utility, or (3) of which such utility is a member.(f) “Energy requirements of any Pacific Northwest customer” means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pacific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy available for its own use from its generating plants in the Pacific Northwest, and (ii) any additional energy available for use in the Pacific Northwest which, under a then existing contract, the utility (A) can obtain at no higher incremental cost than the rate charged by the United States, or (B) is required to accept.(g) Terms not defined herein shall, unless the context requires otherwise, have the meaning given them in the March 1949 Glossary of Important Power and Rate Terms prepared under the supervision of the Federal Power Commission.(Pub. L. 88–552, § 1, Aug. 31, 1964, 78 Stat. 756; Pub. L. 95–91, title III, § 302(a), Aug. 4, 1977, 91 Stat. 578; Pub. L. 96–501, § 8(e), Dec. 5, 1980, 94 Stat. 2729.)Editorial NotesAmendments

1980—Subsec. (b)(2). Pub. L. 96–501 substituted “(2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region” for “(2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a distribution cooperative which has (i) no generating facilities, and (ii) a distribution system from which it serves both within and without said region”.

Statutory Notes and Related SubsidiariesEffective Date of 1980 Amendment

Amendment by Pub. L. 96–501 effective Dec. 5, 1980, see section 11 of Pub. L. 96–501, set out as an Effective Date note under section 839 of this title.

Transfer of Functions

“Secretary of Energy” substituted for “Secretary of the Interior” in subsec. (a) pursuant to Pub. L. 95–91, § 302(a), which is classified to section 7152(a) of Title 42, The Public Health and Welfare.

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.

Notes of Decisions
Cited in 33 cases, 1985–2014 · leading case: Puget Sound Power & Light Co. v. United States
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Puget Sound Power & Light Co. v. United States (1991) cc · cites it 10× “It provides that the conditions of sections 2 and 3 of the Regional Preference Act, 16 U.S.C. §§ 837 -837h, apply to all BPA sales of surplus energy and peaking capacity outside the Pacific Northwest.”
Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration (1985) ca9 · cites it 3× “” 16 U.S.C. §§ 837 (c), 837(d). This electricity is known as surplus power.”
City of Burbank, California v. United States (2001) cafc · cites it 3× “16 U.S.C. § 837 (c) (2000) (defining “surplus energy” as electric energy that would otherwise be wasted due to lack of a market in the Pacific Northwest).”
Puget Sound Energy, Inc., a Washington Corporation v. United States of America Administration, Bonneville Power Administ (2002) ca9 · cites it 2× “…Conservation Act, 16 U.S.C. §§ 839 -839h (the “Northwest Power Act,” or the “Act”). See also 16 U.S.C. §§ 832-8321 ; 16 U.S.C. §§ 837 -837h; 16 U.S.C. §§ 838 -838k. While the BPA generally sells electric power, it sometimes also sells related transmission services to various…”
Portland General Electric Co. v. Bonneville Power Administration (2007) ca9 “BPA's authority to market power is derived from four separate acts: the Bonneville Project Act; the Regional Preference Act of 1964, 16 U.S.C. §§ 837 -837k (2000); the Federal Columbia River Transmission System Act, 16 U.”
Southern California Edison v. United States (2003) uscfc “§§ 832 -832m; the Pacific *315 Northwest Consumer Power Preference Act of 1964, as amended, 16 U.S.C. §§ 837 -837h; the Pacific Northwest Federal Transmission System Act of 1974, as amended, 16 U.”
Association of Public Agency Customers v. Bonneville Power Administration (2013) ca9 “"BPA's authority to market power is derived from four separate acts: the Bonneville Project Act; the Regional Preference Act of 1964, 16 U.S.C. §§ 837 -837k (2000); the Federal Columbia River Transmission System Act, 16 U.”
Pacific Northwest Generating Cooperative v. Dept. of Energy (2009) ca9 “Over the following decades, Congress responded to increasing demand for BPA’s low-cost federal power within and outside the Pacific Northwest with four additional pieces of legislation relevant to this case: First, in 1964, Congress passed the Regional Preference Act, 16 U.S.C.…”
Florida Power & Light Co. v. United States (2005) uscfc “], the Act of August 31, 1964 ( 16 U.S.C. §§ 837 -837h), or the Federal Columbia River Transmission System Act ( 16 U.”
Pacificorp, a Maine Corporation, Dba Pacific Power & Light Company v. Bonneville Power Administration (1988) ca9 ““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…”
Pacific Northwest Generating Cooperative v. Dept. of Energy (2008) ca9 “Over the following decades, Congress responded to increasing demand for BPA’s low-cost federal power within and outside the Pacific Northwest with four additional pieces of legislation relevant to this case: First, in 1964, Congress passed the Regional Preference Act, 16 U.S.C.…”
Industrial Customers of Northwest Utilities v. Bonneville Power Administration (2014) ca9 “§§ 838 -838k (“Transmission Act”); the Pacific Northwest Consumer Power Preference Act of 1964, 16 U.S.C. §§ 837 -837h (“Preference Act”); and the Bonneville Project Act of 1937, 16 U.”
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