16 U.S.C. § 838d
Transmission of non-Federal power
The Administrator shall make available to all utilities on a fair and nondiscriminatory basis, any capacity in the Federal transmission system which he determines to be in excess of the capacity required to transmit electric power generated or acquired by the United States.
Notes of Decisions
Cited in 3
cases, 1985–1997 · leading case: Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration
Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration (1985)
“16 U.S.C. § 838d. Neither the Act nor the Congressional Report provide any further guidance for the Administrator’s discretion in making excess capacity available to other utilities.”
Association of Public Agency Customers, Inc. v. Bonneville Power Administration (1997)
“” 16 U.S.C. § 838d (emphasis added). This section was intended to ensure that public and private utilities would have equal access to BPA’s excess transmission capacity.”
California Energy Resources Conservation & Development Commission v. Bonneville Power Administration (1987)
“” 16 U.S.C. § 838d. Before adoption of the policies challenged here, BPA generally allowed access to the Intertie to be determined by the spot market.”
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treatment. Dots show Syfertize treatment of the citing case itself.