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: Dep't of Water & Power of the City of Los Angeles v. Bonneville Power Admin., 759 F.2d 684 (9th Cir. 1985).
Dep't of Water & Power of the City of Los Angeles v. Bonneville Power Admin., 759 F.2d 684 (9th Cir. 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.”
Ass'n of Pub. Agency Customers, Inc. v. Bonneville Power Admin., 126 F.3d 1158 (9th Cir. 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 & Dev. Comm'n v. Bonneville Power Admin., 831 F.2d 1467 (9th Cir. 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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