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    16 USC Sec. 837                                              01/26/98

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    TITLE 16 - CONSERVATION


    CHAPTER 12F - PACIFIC NORTHWEST CONSUMER POWER PREFERENCE;


         RECIPROCAL PRIORITY IN OTHER REGIONS

-HEAD-


    Sec. 837. Definitions

-STATUTE-


      As used in this chapter -


      (a) ''Secretary'' means the Secretary of Energy.


      (b) ''Pacific Northwest'' means (1) the region consisting of the


    States of Oregon and Washington, the State of Montana west of the


    Continental Divide, and such portions of the States of Nevada,


    Utah, and Wyoming within the Columbia drainage basin and of the


    State of Idaho as the Secretary may determine to be within the


    marketing area of the Federal Columbia River power system, and (2)


    any contiguous areas, not in excess of seventy-five airline miles


    from said region, which are a part of the service area of a rural


    electric cooperative served by the Administrator on December 5,


    1980, which has a distribution system from which it serves both


    within and without said region.


      (c) ''Surplus energy'' means electric energy generated at Federal


    hydroelectric plants in the Pacific Northwest which would otherwise


    be wasted because of the lack of a market therefor in the Pacific


    Northwest at any established rate.


      (d) ''Surplus peaking capacity'' means electric peaking capacity


    at Federal hydroelectric plants in the Pacific Northwest for which


    there is no demand in the Pacific Northwest at any established


    rate.


      (e) ''Non-Federal utility'' means any utility not owned or


    controlled by the United States, including any entity (1) which


    such a utility owns or controls, in whole or in part, or is


    controlled by, (2) which is controlled by those controlling such


    utility, or (3) of which such utility is a member.


      (f) ''Energy requirements of any Pacific Northwest customer''


    means the full requirements for electric energy of (1) any


    purchaser from the United States for direct consumption in the


    Pacific Northwest, and (2) any non-Federal utility in that region


    in excess of (i) the hydroelectric energy available for its own use


    from its generating plants in the Pacific Northwest, and (ii) any


    additional energy available for use in the Pacific Northwest which,


    under a then existing contract, the utility (A) can obtain at no


    higher incremental cost than the rate charged by the United States,


    or (B) is required to accept.


      (g) Terms not defined herein shall, unless the context requires


    otherwise, have the meaning given them in the March 1949 Glossary


    of Important Power and Rate Terms prepared under the supervision of


    the Federal Power Commission.

-SOURCE-


    (Pub. L. 88-552, Sec. 1, Aug. 31, 1964, 78 Stat. 756; Pub. L.


    95-91, title III, Sec. 302(a), Aug. 4, 1977, 91 Stat. 578; Pub. L.


    96-501, Sec. 8(e), Dec. 5, 1980, 94 Stat. 2729.)

-MISC1-


                                 AMENDMENTS


      1980 - Subsec. (b)(2). Pub. L. 96-501 substituted ''(2) any


    contiguous areas, not in excess of seventy-five airline miles from


    said region, which are a part of the service area of a rural


    electric cooperative served by the Administrator on December 5,


    1980, which has a distribution system from which it serves both


    within and without said region'' for ''(2) any contiguous areas,


    not in excess of seventy-five airline miles from said region, which


    are a part of the service area of a distribution cooperative which


    has (i) no generating facilities, and (ii) a distribution system


    from which it serves both within and without said region''.


                      EFFECTIVE DATE OF 1980 AMENDMENT


      Amendment by Pub. L. 96-501 effective Dec. 5, 1980, see section


    11 of Pub. L. 96-501, set out as an Effective Date note under


    section 839 of this title.

-TRANS-


                           TRANSFER OF FUNCTIONS


      ''Secretary of Energy'' substituted for ''Secretary of the


    Interior'' in subsec. (a) pursuant to Pub. L. 95-91, Sec. 302(a),


    which is classified to section 7152(a) of Title 42, The Public


    Health and Welfare.


      Federal Power Commission terminated and the functions, personnel,


    property, funds, etc., thereof transferred to Secretary of Energy


    (except for certain functions transferred to Federal Energy


    Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,


    and 7293 of Title 42.

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                   SECTION REFERRED TO IN OTHER SECTIONS


      This section is referred to in section 835k of this title.