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16 U.S.C. § 839aDefinitions

submitted 46 years ago by Pub. L. 96-501 to r/title-16-CONSERVATION · 1,004 words · no verdicts yet

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This section defines the chapter’s terms, including the Administrator, conservation, cost-effectiveness, consumers, customers, resources, reserves, the region, and renewable resources.

As used in this chapter: (1) “Acquire” and “acquisition” do not authorize the Administrator to construct or own an electric-generating facility under this chapter or another law. (2) “Administrator” means the Administrator of the Bonneville Power Administration. (3) “Conservation” means reducing electric-power consumption through greater efficiency in energy use, production, or distribution. (4)(A) “Cost-effective” means that a measure or resource is forecast to be reliable and available when needed and to meet or reduce customers’ consumers’ demand at an estimated incremental system cost no greater than the least-cost similarly reliable and available alternative, or combination of alternatives. (B) “System cost” is the estimated direct cost over the measure’s or resource’s effective life, including applicable distribution and transmission, waste disposal, end-of-cycle, fuel and projected fuel-increase costs, and quantifiable environmental costs and benefits directly attributable to it as determined under a Council methodology in the plan or, without a plan, by the Administrator. (C) Expected savings or production must account for projected realization and plant factors, including appropriate history of similar measures or resources. (D) A conservation measure is not treated as more costly than a nonconservation resource unless its incremental system cost exceeds 110 percent of the other resource’s cost. (5) “Consumer” means an end user of electric power. (6) “Council” means, unless otherwise specified, members appointed to the Pacific Northwest Electric Power and Conservation Planning Council under section 839b. (7) “Customer” means one contracting to buy power from the Administrator under this chapter. (8) “Direct service industrial customer” means an industrial customer contracting with the Administrator for power for direct consumption. (9) “Electric power” means peaking capacity, energy, or both. (10) “Federal base system resources” are (A) Federal Columbia River Power System hydroelectric projects, (B) resources acquired under long-term contracts in force December 5, 1980, and (C) resources acquired to replace capability reductions in (A) and (B). (11) “Indian tribe” means an Indian tribe or band located wholly or partly in the region with a governing body recognized by the Interior Secretary. (12) “Major resource” means one with planned capability over 50 average megawatts and, if acquired by the Administrator, acquired for more than five years; it excludes a resource under section 838i(b)(6). (13) “New large single load” is a load associated with a new, existing, or expanded facility that was not contracted for or committed to, as determined by the Administrator, by a public body, cooperative, investor-owned utility, or Federal agency customer before September 1, 1979, and that increases that customer’s power requirements by 10 average megawatts or more in any consecutive 12-month period. (14) “Pacific Northwest,” “region,” or “regional” means (A) Oregon, Washington, Idaho, Montana west of the Continental Divide, and portions of Nevada, Utah, and Wyoming in the Columbia River drainage basin; and (B) contiguous areas, not more than 75 air miles from the area in subparagraph (A), that are part of the service area of a rural electric cooperative customer served by the Administrator on December 5, 1980, and that has a distribution system serving both within and outside the region. (15) “Plan” means the Regional Electric Power and Conservation plan and amendments adopted under this chapter, applying to Administrator actions as specified here. (16) “Renewable resource” means solar, wind, hydro, geothermal, biomass, or similar energy used to generate power or reduce a consumer’s power needs, including by direct application. (17) “Reserves” means power needed to prevent specified planning or operating shortages for firm-power customers, available to the Administrator (A) from resources or (B) from contractual rights to interrupt, curtail, or otherwise withdraw, under specific contract provisions, portions of the electric power supplied to customers. (18) “Residential use” or “residential load” means usual residential, apartment, seasonal-dwelling, and farm electric uses, but for farm irrigation and pumping only the first 400 horsepower in a monthly billing period. (19) “Resource” means (A) electric power, including actual or planned generating capability, or (B) actual or planned load reduction from direct renewable-resource use or conservation. (20) “Secretary” means the Secretary of Energy.
the actual law source: uscode.house.gov ↗public domain

As used in this chapter, the term—

(1)

“Acquire” and “acquisition” shall not be construed as authorizing the Administrator to construct, or have ownership of, under this chapter or any other law, any electric generating facility.

(2)

“Administrator” means the Administrator of the Bonneville Power Administration.

(3)

“Conservation” means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution.

(4)
(A)

“Cost-effective”, when applied to any measure or resource referred to in this chapter, means that such measure or resource must be forecast—

(i)

to be reliable and available within the time it is needed, and

(ii)

to meet or reduce the electric power demand, as determined by the Council or the Administrator, as appropriate, of the consumers of the customers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource, or any combination thereof.

(B)

For purposes of this paragraph, the term “system cost” means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource.

(C)

In determining the amount of power that a conservation measure or other resource may be expected to save or to produce, the Council or the Administrator, as the case may be, shall take into account projected realization factors and plant factors, including appropriate historical experience with similar measures or resources.

(D)

For purposes of this paragraph, the “estimated incremental system cost” of any conservation measure or resource shall not be treated as greater than that of any nonconservation measure or resource unless the incremental system cost of such conservation measure or resource is in excess of 110 per centum of the incremental system cost of the nonconservation measure or resource.

(5)

“Consumer” means any end user of electric power.

(6)

“Council” means, unless otherwise specifically provided, the members appointed to the Pacific Northwest Electric Power and Conservation Planning Council established pursuant to section 839b of this title.

(7)

“Customer” means anyone who contracts for the purchase of power from the Administrator pursuant to this chapter.

(8)

“Direct service industrial customer” means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption.

(9)

“Electric power” means electric peaking capacity, or electric energy, or both.

(10)

“Federal base system resources” means—

(A)

the Federal Columbia River Power System hydroelectric projects;

(B)

resources acquired by the Administrator under long-term contracts in force on December 5, 1980; and

(C)

resources acquired by the Administrator in an amount necessary to replace reductions in capability of the resources referred to in subparagraphs (A) and (B) of this paragraph.

(11)

“Indian tribe” means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the Secretary of the Interior.

(12)

“Major resource” means any resource that—

(A)

has a planned capability greater than fifty average megawatts, and

(B)

if acquired by the Administrator, is acquired for a period of more than five years.

Such term does not include any resource acquired pursuant to section 838i(b)(6) of this title.

(13)

“New large single load” means any load associated with a new facility, an existing facility, or an expansion of an existing facility—

(A)

which is not contracted for, or committed to, as determined by the Administrator, by a public body, cooperative, investor-owned utility, or Federal agency customer prior to September 1, 1979, and

(B)

which will result in an increase in power requirements of such customer of ten average megawatts or more in any consecutive twelve-month period.

(14)

“Pacific Northwest”, “region”, or “regional” means—

(A)

the area consisting of the States of Oregon, Washington, and Idaho, the portion of the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin; and

(B)

any contiguous areas, not in excess of seventy-five air miles from the area referred to in subparagraph (A), which are a part of the service area of a rural electric cooperative customer served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without such region.

(15)

“Plan” means the Regional Electric Power and Conservation plan (including any amendments thereto) adopted pursuant to this chapter and such plan shall apply to actions of the Administrator as specified in this chapter.

(16)

“Renewable resource” means a resource which utilizes solar, wind, hydro, geothermal, biomass, or similar sources of energy and which either is used for electric power generation or will reduce the electric power requirements of a consumer, including by direct application.

(17)

“Reserves” means the electric power needed to avert particular planning or operating shortages for the benefit of firm power customers of the Administrator and available to the Administrator (A) from resources or (B) from rights to interrupt, curtail, or otherwise withdraw, as provided by specific contract provisions, portions of the electric power supplied to customers.

(18)

“Residential use” or “residential load” means all usual residential, apartment, seasonal dwelling and farm electrical loads or uses, but only the first four hundred horsepower during any monthly billing period of farm irrigation and pumping for any farm.

(19)

“Resource” means—

(A)

electric power, including the actual or planned electric power capability of generating facilities, or

(B)

actual or planned load reduction resulting from direct application of a renewable energy resource by a consumer, or from a conservation measure.

(20)

“Secretary” means the Secretary of Energy.

Source credit: (Pub. L. 96–501, § 3, Dec. 5, 1980, 94 Stat. 2698.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-501 · 94 Stat. 2698

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-501 on 1980-12-05.

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