U.S. Code » Title 16 » Chapter CHAPTER 12G— PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM

16 U.S.C. § 838

Congressional findings; authority and duties of Secretary of Energy relating to Federal Columbia River Power System unaffected

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(a) Congress finds that in order to enable the Secretary of Energy to carry out the policies of Public Law 88–552 [16 U.S.C. 837 et seq.] relating to the marketing of electric power from hydroelectric projects in the Pacific Northwest, Public Laws 89–448 and 89–561 relating to use of revenues of the Federal Columbia River Power System to provide financial assistance to reclamation projects in the Pacific Northwest, the treaty between the United States and Canada relating to the cooperative development of the resources of the Columbia River Basin, and other applicable law, it is desirable and appropriate that the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds be used to further the operation, maintenance, and further construction of the Federal transmission system in the Pacific Northwest.(b) Other than as specifically provided herein, the present authority and duties of the Secretary of Energy relating to the Federal Columbia River Power System shall not be affected by this chapter. The authority and duties of the Administrator referred to herein are subject to the supervision and direction of the Secretary.(Pub. L. 93–454, § 2, Oct. 18, 1974, 88 Stat. 1376; Pub. L. 95–91, title III, § 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.)Editorial NotesReferences in Text

Public Law 88–552, referred to in subsec. (a), is act Aug. 31, 1964, 78 Stat. 756, which is classified generally to chapter 12F (§ 837 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Public Law 89–448, referred to in subsec. (a), is Pub. L. 89–448, §§ 1–3, June 14, 1966, 80 Stat. 200, which enacted sections 835j and 835k of this title and amended section 832h of this title.

Public Law 89–561, referred to in subsec. (a), is Pub. L. 89–561, §§ 1–6, Sept. 7, 1966, 80 Stat. 707, which enacted sections 835l and 835m of this title and section 1962d–6 of Title 42, The Public Health and Welfare, and amended sections 835j and 835k of this title.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 93–454, § 1, Oct. 18, 1974, 88 Stat. 1376, provided that: “This Act [enacting this chapter] may be cited as the ‘Federal Columbia River Transmission System Act’.”

Transfer of Functions

“Secretary of Energy” substituted in text for “Secretary of the Interior” pursuant to Pub. L. 95–91, § 302(a)(1)(D), which is classified to section 7152(a)(1)(D) of Title 42, The Public Health and Welfare.

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, 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 29 cases, 1977–2014 · leading case: Puget Sound Energy, Inc., a Washington Corp. v. United States of Am. Admin., Bonneville Power Admin., 310 F.3d 613 (9th Cir. 2002).
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Puget Sound Energy, Inc., a Washington Corp. v. United States of Am. Admin., Bonneville Power Admin., 310 F.3d 613 (9th Cir. 2002). · cites it 2× “In doing so, the BPA is required to establish a rate for each type of transaction. 16 U.S.C. § 839e(a)(l).”
Portland Gen. Elec. Co. v. Bonneville Power Admin., 501 F.3d 1009 (9th Cir. 2007). “§§ 837 -837k (2000); the Federal Columbia River Transmission System Act, 16 U.S.C. §§ 838 -838k (2000); and the Pacific Northwest Electric Power Planning and Conservation Act of 1980, 16 U.”
S. California Edison v. United States, 58 Fed. Cl. 313 (Fed. Cl. 2003). “§§ 837 -837h; the Pacific Northwest Federal Transmission System Act of 1974, as amended, 16 U.S.C. §§ 838 -838Í; and the Pacific Northwest Electric Power Planning and Conservation Act of 1980, as amended (“Northwest Power Planning Act”), 16 U.”
Ass'n of Pub. Agency Customers v. Bonneville Power Admin., 733 F.3d 939 (9th Cir. 2013). “§§ 837 -837k (2000); the Federal Columbia River Transmission System Act, 16 U.S.C. §§ 838 -838k (2000); and the [NWPA], 16 U.”
Puget Sound Power & Light Co. v. United States, 23 Cl. Ct. 46 (Ct. Cl. 1991). · cites it 2× “§ 832 and following), the Federal Columbia River Transmission System Act ( 16 U.S.C. § 838 and following), and the Act of August 31, 1964 * * *.”
Pac. Nw. Generating Coop. v. Dept. of Energy, 580 F.3d 792 (9th Cir. 2009). “6 Second, the Transmission Act, 16 U.S.C. §§ 838 -838h, enacted in 1974, established the basic principles that rates for BPA power must be fixed and established (1) with a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to…”
Dep't of Water & Power of the City of Los Angeles v. Bonneville Power Admin., 759 F.2d 684 (9th Cir. 1985). “§§ 839 -839h [“Northwest Power Act”], the Federal Columbia River Transmission System Act, 16 U.S.C. §§ 838 -838k. ["Columbia River Act”], the Pacific Northwest Power Preference Act, 16 U.”
City of Burbank, California v. United States, 273 F.3d 1370 (Fed. Cir. 2001). “§ 837 837h), or the Federal Columbia River Transmission System Act ( 16 U.S.C. § 838 and following), shall be filed in the United States court of appeals for the region.”
Dalles Irrigation Dist. v. United States, 82 Fed. Cl. 346 (Fed. Cl. 2008). “1376-80 (codified at 16 U.S.C. §§ 838 -838k), and receives accounting statements from each of the projects comprising the system.”
Florida Power & Light Co. v. United States, 64 Fed. Cl. 37 (Fed. Cl. 2005). “§§ 837 -837h), or the Federal Columbia River Transmission System Act ( 16 U.S.C. § 838 and following), shall be filed in the United States court of appeals for the region.”
Pac. Nw. Generating Coop. v. Brown, 822 F. Supp. 1479 (D. Or. 1993). “§ 791a-825, the Federal Columbia River Transmission System Act, 16 U.S.C. § 838 et seq., the Mitchell Act of 1938, 16 U.”
Nat. Resources Def. Council, Inc. v. Hodel, 435 F. Supp. 590 (D. Or. 1977). “See affidavit of Hector J. Durocher, p. 5. 18 .”
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