U.S. Code » Title 16 » Chapter CHAPTER 12H— PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION

16 U.S.C. § 839

Congressional declaration of purpose

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The purposes of this chapter, together with the provisions of other laws applicable to the Federal Columbia River Power System, are all intended to be construed in a consistent manner. Such purposes are also intended to be construed in a manner consistent with applicable environmental laws. Such purposes are:(1) to encourage, through the unique opportunity provided by the Federal Columbia River Power System—(A) conservation and efficiency in the use of electric power, and(B) the development of renewable resources within the Pacific Northwest;(2) to assure the Pacific Northwest of an adequate, efficient, economical, and reliable power supply;(3) to provide for the participation and consultation of the Pacific Northwest States, local governments, consumers, customers, users of the Columbia River System (including Federal and State fish and wildlife agencies and appropriate Indian tribes), and the public at large within the region in—(A) the development of regional plans and programs related to energy conservation, renewable resources, other resources, and protecting, mitigating and enhancing fish and wildlife resources,(B) facilitating the orderly planning of the region’s power system, and(C) providing environmental quality;(4) to provide that the customers of the Bonneville Power Administration and their consumers continue to pay all costs necessary to produce, transmit, and conserve resources to meet the region’s electric power requirements, including the amortization on a current basis of the Federal investment in the Federal Columbia River Power System;(5) to insure, subject to the provisions of this chapter—(A) that the authorities and responsibilities of State and local governments, electric utility systems, water management agencies, and other non-Federal entities for the regulation, planning, conservation, supply, distribution, and use of electric power shall be construed to be maintained, and(B) that Congress intends that this chapter not be construed to limit or restrict the ability of customers to take actions in accordance with other applicable provisions of Federal or State law, including, but not limited to, actions to plan, develop, and operate resources and to achieve conservation, without regard to this chapter; and(6) to protect, mitigate and enhance the fish and wildlife, including related spawning grounds and habitat, of the Columbia River and its tributaries, particularly anadromous fish which are of significant importance to the social and economic well-being of the Pacific Northwest and the Nation and which are dependent on suitable environmental conditions substantially obtainable from the management and operation of the Federal Columbia River Power System and other power generating facilities on the Columbia River and its tributaries.(Pub. L. 96–501, § 2, Dec. 5, 1980, 94 Stat. 2697.)Editorial NotesReferences in Text

This chapter, referred to in provision preceding par. (1) and in par. (5), was in the original “this Act”, meaning Pub. L. 96–501, Dec. 5, 1980, 94 Stat. 2697, known as the Pacific Northwest Electric Power Planning and Conservation Act, which enacted this chapter, amended sections 837, 838i, and 838k of this title, and enacted provisions set out as notes under this section. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 96–501, § 11, Dec. 5, 1980, 94 Stat. 2735, provided that: “This Act [enacting this chapter, amending sections 837, 838i, and 838k of this title, and enacting provisions set out as notes under this section] shall be effective on the date of enactment [Dec. 5, 1980], or October 1, 1980, whichever is later. For purposes of this Act, the term ‘date of the enactment of this Act’ means such date of enactment [Dec. 5, 1980] or October 1, 1980, whichever is later.”

Short Title

Pub. L. 96–501, § 1, Dec. 5, 1980, 94 Stat. 2697, provided in part that: “This Act [enacting this chapter, amending sections 837, 838i, and 838k of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Pacific Northwest Electric Power Planning and Conservation Act’.”

Notes of Decisions
Cited in 95 cases (3 in the last 5 years), 1982–2025 · leading case: Alcoa, Inc. v. Bonneville Power Admin., 698 F.3d 774 (9th Cir. 2012).
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Alcoa, Inc. v. Bonneville Power Admin., 698 F.3d 774 (9th Cir. 2012). · cites it 4× “Finally, BPA is charged with “assur[ing] the timely implementation of [ 16 U.S.C. §§ 839 -839h] in a sound and businesslike manner.”
City of Tacoma v. Taxpayers of City of Tacoma, 743 P.2d 793 (Wash. 1987). · cites it 4× “2697 (1980) (codified at 16 U.S.C. § 839 ). Both the Pacific Northwest Electric Power and Conservation Planning Council (Regional Council) and the BPA consider conservation a resource of electrical energy equivalent to a generating plant.”
Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv., 524 F.3d 917 (9th Cir. 2008). · cites it 2× “Although we acknowledge that the existence of the dams must be included in the environmental baseline, *931 the operation of the dams is within the federal agencies’ discretion under both the ESA and the Northwest Power Act, 16 U.S.C. § 839 . Any proposed agency action must be…”
Ass'n of Pub. Agency Customers v. Bonneville Power Admin., 733 F.3d 939 (9th Cir. 2013). · cites it 3× “with a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles” (emphasis added)); § 839a(5) (defining “consumer” as “any end user of electric power”).”
Portland Gen. Elec. Co. v. Bonneville Power Admin., 501 F.3d 1009 (9th Cir. 2007). · cites it 2× “In order to avoid an energy crisis and to redress BPA’s diminishing ability to satisfy the region’s power demands, Congress enacted the Pacific Northwest Electric Power Planning and Conservation Act of 1980, 16 U.S.C. §§ 839 -839h (2000) (“Northwest Power Act” or “NWPA”).”
Aluminum Co. of Am. v. Cent. Lincoln Peoples' Util. Dist., 467 U.S. 380 (1984). · cites it 2× “2697 , 16 U. S. C. § 839 et seq. (Regional Act).”
S. California Edison v. United States, 58 Fed. Cl. 313 (Fed. Cl. 2003). · cites it 2× “§§ 838 -838Í; and the Pacific Northwest Electric Power Planning and Conservation Act of 1980, as amended (“Northwest Power Planning Act”), 16 U.S.C. §§ 839 -839h. The contract itself makes no reference to these statutes, and the parties have given them short shrift in their…”
Pacificorp, a Maine Corp., Dba Pac. Power & Light Co. v. Bonneville Power Admin., 856 F.2d 94 (9th Cir. 1988). · cites it 5× “See Pacific Northwest Electric Power Planning and Conservation Act (Planning Act), 16 U.S.C. § 839 et seq. (1982). SVEC is an electrical cooperative organized under the Rural Electrification Administration, and, as such, it receives BPA power at the priority firm rate.”
Golden Nw. Aluminum, Inc. v. Bonneville Power Admin., 501 F.3d 1037 (9th Cir. 2007). · cites it 2× “Section 7 requires, among other things, that BPA charge rates sufficient to cover its costs, “including the amortization of the Federal investment in the Federal Columbia River Power System.”
Dep't of Water & Power of the City of Los Angeles v. Bonneville Power Admin., 759 F.2d 684 (9th Cir. 1985). · cites it 2× “Recognizing these common themes, we find that the IAP is consistent with BPA statutory authority and is not an arbitrary and capricious exercise of its discretion. Accordingly, we uphold the validity of the Near Term Intertie Access Policy.”
Puget Sound Power & Light Co. v. United States, 23 Cl. Ct. 46 (Ct. Cl. 1991). · cites it 3× “In 1980, in order to avoid years of litigation and what the Governor of Washington described as a “regional civil war” over low-cost power, Congress enacted the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. §§ 839 -839h (hereinafter the Northwest…”
Nat'l Wildlife Fed'n, Idaho Wildlife Fed'n, & the Nez Perce Tribe, Intervenor-Petitioner v. Fed. Energy Regulatory Comm'n, 801 F.2d 1505 (9th Cir. 1986). · cites it 2× “§§ 4321 -4370a (1982), and the Pacific Northwest Electric Power Planning and Conservation Act (“Northwest Power Act”), 16 U.S.C. §§ 839 -39h (1982). The Nez Perce Tribe argues that the Commission has breached its obligations under the Nez Perce Treaty, 12 Stat.”
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— 16 U.S.C. § 839(5) — 1 case
Pacificorp, a Maine Corp., Dba Pac. Power & Light Co. v. Bonneville Power Admin., 856 F.2d 94 (9th Cir. 1988). “See Pacific Northwest Electric Power Planning and Conservation Act (Planning Act), 16 U.S.C. § 839 et seq. (1982). SVEC is an electrical cooperative organized under the Rural Electrification Administration, and, as such, it receives BPA power at the priority firm rate.”
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