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-CITE-
16 USC Sec. 835j 01/26/98-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 12D - COLUMBIA BASIN PROJECT-HEAD-
Sec. 835j. Projects marketing commercial power and energy;
consolidated financial statement to President and Congress;
adjustment of rates to assure return of reimbursable
construction costs within prescribed period-STATUTE-
The Secretary of the Interior shall prepare, maintain, and
present annually to the President and the Congress a consolidated
financial statement for all projects heretofore or hereafter
authorized, including the third powerplant at Grand Coulee Dam,
from or by means of which commercial power and energy is marketed
through the facilities of the Federal Columbia River power system
and for all other projects associated therewith to the extent that
the costs of these projects are required by law to be charged to
and returned from net revenues derived from the power and energy,
or any power and energy, so marketed, and he shall, if said
consolidated statement indicates that the reimbursable construction
costs of the projects, or any of the projects, covered thereby
which are chargeable to and returnable from the commercial power
and energy so marketed are likely not to be returned within the
period prescribed by law, take prompt action to adjust the rates
charged for such power and energy to the extent necessary to assure
such return.-SOURCE-
(Pub. L. 89-448, Sec. 2(a), formerly Sec. 2, June 14, 1966, 80
Stat. 200, renumbered Pub. L. 89-561, Sec. 6(1), Sept. 7, 1966, 80
Stat. 714.)-COD-
CODIFICATION
Section is comprised of first sentence of first par. of section
2(a) of Pub. L. 89-448, as so designated by Pub. L. 89-561. Second
sentence of the first par. repealed section 832h(c) of this title;
second par. of such section 2(a) is classified to section 835k of
this title; subsecs. (b) and (c) of section 2 are classified to
sections 835l and 835m of this title, respectively.-TRANS-
TRANSFER OF FUNCTIONS
Power marketing functions of Bureau of Reclamation, including
construction, operation, and maintenance of transmission lines and
attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and
are to be exercised by Secretary through a separate Administration
within Department of Energy.-EXEC-
EX. ORD. NO. 8526. COORDINATING THE ELECTRICAL FACILITIES OF GRAND
COULEE DAM PROJECT AND BONNEVILLE PROJECT
Ex. Ord. No. 8526, Aug. 26, 1940, 5 F.R. 3390, as amended by Ex.
Ord. No. 12038, Sec. 3(a), Feb. 3, 1978, 43 F.R. 4957, provided:
WHEREAS the Bureau of Reclamation is constructing the Grand
Coulee Dam Project (now Columbia Basin Project) pursuant to
authority delegated under section 2 of the act of August 30, 1935,
49 Stat. 1028, 1039, and in connection therewith will operate and
maintain facilities for the generation of electrical power and
energy; and
WHEREAS the Bonneville Power Administrator is now disposing of
power and energy generated at the Bonneville Project; and
WHEREAS integration and coordination of the electrical facilities
of the two projects will be facilitated by a mutual exchange of the
electrical power and energy generated at the Bonneville Project and
the Grand Coulee Dam Project and by marketing the power and energy
from both projects through a single agency:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States by section 2 of the act of August
30, 1935, supra, and supplementing my letter of January 29, 1936,
to the Secretary of the Interior, it is hereby ordered as follows:
1. The Bonneville Power Administrator is hereby designated, under
the supervision and direction of the Secretary of Energy, as agent
for the sale and distribution of electrical power and energy
generated at the Grand Coulee Dam Project and not required for
operation of that Project, including its irrigation features.
2. The Administrator shall construct, operate, and maintain the
transmission lines and substations and appurtenant structures and
facilities necessary for marketing the power and energy delivered
to him from the Grand Coulee Dam Project; except that the Bureau of
Reclamation may construct, operate, or maintain such transmission
facilities as the Secretary of the Interior, in his discretion,
deems necessary or desirable. The Bureau of Reclamation and the
Administrator, with the approval of the Secretary of the Interior,
shall agree upon and schedule the installation of additional
generators at the Grand Coulee Dam Project.
3. The Bureau of Reclamation, with the approval of the Secretary
of the Interior, shall provide the Administrator with a basic
schedule of the power and energy to be available to him from the
Grand Coulee Dam Project. The Bureau, with the Secretary's
approval, may revise the schedule from time to time, except that no
revision decreasing the amount of power and energy available under
an existing schedule shall be effective unless agreed to by the
Administrator. The Bureau will make power and energy from the Grand
Coulee Dam Project available to the Administrator in accordance
with these schedules.
4. The Administrator shall market the power and energy delivered
to him from the Grand Coulee Dam Project at rates to be fixed by
the Secretary of Energy consistently with all applicable provisions
of law and allocations of cost determined as provided thereunder.
From time to time the Secretary of Energy, consistently with all
applicable provisions of law and allocations of cost made pursuant
thereto, shall determine the basis on which the Administrator and
the Bureau shall compute the returns to be made to the Bureau for
power and energy delivered to the Administrator from the Grand
Coulee Dam Project pursuant to this order. All receipts collected
by the Administrator from transmission and sale of power and energy
shall be deposited with the Treasurer of the United States for
credit to a special account, subject to allocation by the Secretary
of Energy in accordance with the computations above provided for.
Upon certification by the Secretary of Energy, the amounts of
receipts properly allocable to the Bonneville Project shall be
covered into the Treasury of the United States to the credit of
miscellaneous receipts subject to the provisions of section 2 of
the act of August 20, 1937, 50 Stat. 731, 732 (16 U.S.C. 832a). The
amounts certified by the Secretary of Energy as being allocable to
the Grand Coulee Dam Project shall be covered into the Treasury for
credit to the Reclamation Fund to the extent authorized by law.
5. In aid of this delegation of authority to the Secretary of the
Interior and the Secretary of Energy, the Commissioner of the
Bureau of Reclamation and the Bonneville Power Administrator shall,
subject to the approval of the Secretary of the Interior and the
Secretary of Energy, and the terms of this order, enter into any
and all agreements that are necessary for the interconnection of
the Bonneville Project and the Grand Coulee Dam Project and to
carry out the provisions of this order.-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 835l of this title; title
43 sections 615rrr, 616nnnn, 616uuuu.