Revised Code of Washington

Wash. Rev. Code § 43.52.380 (2026)

Member's preference to buy energy—Apportionment—Surplus

✓ current as of May 2026

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Members shall have a preference right to the purchase of all electric energy generated by an operating agency. As between members, the amount of electric energy to which each shall be entitled shall be computed annually and shall be based on the same percentage as the purchases of such member bore to the total generation of the operating agency for the preceding year. Surplus electric energy, that is energy not contracted for by the members, may be sold to any public utility authorized by law to distribute and sell electric energy.

[ 1965 c 8 s 43.52.380. Prior: 1953 c 281 s 14.]

Notes of Decisions

Cited in 1 case, 1989–1989 · leading case: Washington Pub. Power Supply Sys. v. Gen. Elec. Co., 778 P.2d 1047 (Wash. 1989).

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Washington Pub. Power Supply Sys. v. Gen. Elec. Co., 778 P.2d 1047 (Wash. 1989). “See RCW 43.52.380. Subject to the statutory constraints as to purpose and structure, the power to create and control the operating agency is in the hands of the representatives of the persons comprising the cities and PUD's.”

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