16 U.S.C. § 838b

Operation and maintenance of Federal transmission system; construction of improvements, betterments, additions and replacements; criteria

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The Secretary of Energy, acting by and through the Administrator, shall operate and maintain the Federal transmission system within the Pacific Northwest and shall construct improvements, betterments, and additions to and replacements of such system within the Pacific Northwest as he determines are appropriate and required to:(a) integrate and transmit the electric power from existing or additional Federal or non-Federal generating units;(b) provide service to the Administrator’s customers;(c) provide interregional transmission facilities; or(d) maintain the electrical stability and electrical reliability of the Federal system: Provided, however, That the Administrator shall not construct any transmission facilities outside the Pacific Northwest, excepting customer service facilities within 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, nor shall he commence construction of any major transmission facility within the Pacific Northwest, unless the expenditure of the funds for the initiation of such construction is specifically approved by Act of Congress.(Pub. L. 93–454, § 4, Oct. 18, 1974, 88 Stat. 1376; Pub. L. 95–91, title III, § 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.)Statutory Notes and Related SubsidiariesTransfer 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.

Notes of Decisions

Cited in 2 cases, 1984–1997 · leading case: Cent. Lincoln Peoples' Util. Dist. v. Johnson, 735 F.2d 1101 (9th Cir. 1984).

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Cent. Lincoln Peoples' Util. Dist. v. Johnson, 735 F.2d 1101 (9th Cir. 1984). “See 16 U.S.C. §§ 838b, 838f. III. OUR JURISDICTION TO REVIEW THE RATES Because some of the petitions in these consolidated cases involve BPA rates that FERC has not yet approved and confirmed, the threshold question we must decide is whether the Act permits judicial review of…”

Ass'n of Pub. Agency Customers, Inc. v. Bonneville Power Admin., 126 F.3d 1158 (9th Cir. 1997). · cites it 2× “As part of its marketing responsibilities, BPA is charged with oversight of the massive federal high-voltage transmission system, comprising approximately 80% of the bulk transmission capacity in the Pacific Northwest, used to deliver power generated at a federally owned and…”

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