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16 U.S.C. § 832cDistribution of electricity; preference to public bodies and cooperatives

submitted 89 years ago by ch. 720 to r/title-16-CONSERVATION · 597 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the Bonneville Administrator to prefer public bodies and cooperatives when disposing of project electricity. It preserves a 50-percent availability rule through January 1, 1942, protects later priorities, allows time for financing, and states Congress’s policy on creating qualified purchasers and distributors.

(a) General provisions. The Bonneville project’s generating facilities must be operated for the general public’s benefit, especially domestic and rural consumers. In disposing of electricity from the project, the Administrator must always give preference and priority to public bodies and cooperatives. (b) Prior to January 1, 1942; subsequent thereto. Until January 1, 1942, at least 50 percent of the electricity produced at Bonneville had to be available for sale to public bodies and cooperatives. To preserve their preferential rights and priorities, the Administrator had to arrange power-sale contracts so that this 50 percent remained available to them until that date. Electricity reserved for them but not actually bought and delivered before January 1, 1942, could be disposed of temporarily, but only if that temporary disposition would not interfere with their ability to buy and receive it before that date. This section does not limit or impair their preference and priority rights after January 1, 1942. After that date, if a public body or cooperative and a private agency compete for the same allocation, the public body’s or cooperative’s application must be granted. (c) Allowance of time for financing. The Administrator may not deny a public body’s or cooperative’s application, or grant a competing application to a private corporation, company, agency, or person, because the public body’s or cooperative’s needed bond or other security issue has not yet been authorized or marketed. The Administrator must first allow a reasonable time, determined by the Administrator, for that issue to be authorized or marketed. (d) Congressional declaration of policy; allowance of time for creation and organization. Congress declares a policy of preserving the preference of these public bodies and cooperatives. People in States within economic transmission distance of Bonneville must have reasonable opportunity and time to hold elections or take other steps allowed by State law to create such bodies. Those bodies must also have reasonable time and opportunity to authorize bonds, arrange other financing, build or acquire needed and desirable distribution facilities, and otherwise become legally qualified purchasers and distributors of electricity available under this chapter.
the actual law source: uscode.house.gov ↗public domain
(a) General provisions

In order to insure that the facilities for the generation of electric energy at the Bonneville project shall be operated for the benefit of the general public, and particularly of domestic and rural consumers, the administrator shall at all times, in disposing of electric energy generated at said project, give preference and priority to public bodies and cooperatives.

(b) Prior to January 1, 1942; subsequent thereto

To preserve and protect the preferential rights and priorities of public bodies and cooperatives as provided in section 1 (a) and to effectuate the intent and purpose of this chapter that at all times up to January 1, 1942, there shall be available for sale to public bodies and cooperatives not less than 50 per centum of the electric energy produced at the Bonneville project, it shall be the duty of the administrator in making contracts for the sale of such energy to so arrange such contracts as to make such 50 per centum of such energy available to said public bodies and cooperatives until January 1, 1942: Provided, That the electric energy so reserved for but not actually purchased by and delivered to such public bodies and cooperatives prior to January 1, 1942, may be disposed of temporarily so long as such temporary disposition will not interfere with the purchase by and delivery to such public bodies and cooperatives at any time prior to January 1, 1942: Provided further, That nothing herein contained shall be construed to limit or impair the preferential and priority rights of such public bodies or cooperatives after January 1, 1942; and in the event that after such date there shall be conflicting or competing applications for an allocation of electric energy between any public body or cooperative on the one hand and a private agency of any character on the other, the application of such public body or cooperative shall be granted.

(c) Allowance of time for financing

An application by any public body or cooperative for an allocation of electric energy shall not be denied, or another application competing or in conflict therewith be granted, to any private corporation, company, agency, or person, on the ground that any proposed bond or other security issue of any such public body or cooperative, the sale of which is necessary to enable such prospective purchaser to enter into the public business of selling and distributing the electric energy proposed to be purchased, has not been authorized or marketed, until after a reasonable time, to be determined by the administrator, has been afforded such public body or cooperative to have such bond or other security issue authorized or marketed.

(d) Congressional declaration of policy; allowance of time for creation and organization

It is declared to be the policy of the Congress, as expressed in this chapter, to preserve the said preferential status of the public bodies and cooperatives herein referred to, and to give to the people of the States within economic transmission distance of the Bonneville project reasonable opportunity and time to hold any election or elections or take any action necessary to create such public bodies and cooperatives as the laws of such States authorize and permit, and to afford such public bodies or cooperatives reasonable time and opportunity to take any action necessary to authorize the issuance of bonds or to arrange other financing necessary to construct or acquire necessary and desirable electric distribution facilities, and in all other respects legally to become qualified purchasers and distributors of electric energy available under this chapter.

Source credit: (Aug. 20, 1937, ch. 720, § 4, 50 Stat. 733; Mar. 6, 1940, ch. 47, § 3, 54 Stat. 47.)

history & why it existsrecord from the source credit
  • 1937Enacted · Act of Aug. 20, 1937, ch. 720 · 50 Stat. 733
  • 1940Amended · Act of Mar. 6, 1940, ch. 47 · 54 Stat. 47

A history note hasn’t been published yet. The record shows enactment by ch. 720 on 1937-08-20.

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