16 U.S.C. § 832m — Sale of excess Federal power; fish and wildlife conservation within Federal Columbia River Power System; residential exchange; personnel flexibility

(a) Definitions. In this section:
(1) “Administrator” means the Administrator of the Bonneville Power Administration.
(2) “Council” means the Northwest Power and Conservation Planning Council.
(3) “Excess Federal power” means electric power that has become surplus to the Administrator’s firm contractual obligations under section 839c(f) because either (A) Bonneville customers chose other suppliers, reducing the amount the Administrator must supply under section 839c(b) and (d) compared with the amount required on January 1, 1995, or (B) operations of the Federal Columbia River Power System are primarily for the benefit of fish and wildlife affected by developing, operating, or managing the System. This section does not define the quoted terms it uses, including “firm contractual obligations,” “public body^*,” “cooperative^*,” “investor-owned utility,” “direct service industrial customer,” or “reasonable period.”

(b) Sale of excess Federal power. Despite the provisions listed in this subsection—section 837a, section 837b(a), (b), and (c), section 837f, and section 839f(c)—and as otherwise applicable law permits, the Administrator may sell or otherwise dispose of excess Federal power. The Administrator may sell it outside the Pacific Northwest on a firm basis for a contract term of no more than seven years, but only after first offering it for a reasonable period, on the same essential rates, terms, and conditions, to the Pacific Northwest public bodies^*, cooperatives^*, investor-owned utilities, and direct-service industrial customers identified in section 839c(b) or (d)(1)(A). The Administrator may also sell it in any region without the resale prohibition in the second sentence of section 832d(a).

(c) Study by Council. Within 180 days after November 13, 1995, the Council must review and report to Congress on the most appropriate governance structure for more effective regional control of efforts to conserve and enhance anadromous and resident fish and wildlife within the Federal Columbia River Power System.

(d) Corps of Engineers procurement. The Assistant Secretary of the Army for Civil Works, acting through the Corps of Engineers’ North Pacific Division, may order goods and services related to electric-generation facilities and fish-and-wildlife mitigation associated with the Federal Columbia River Power System through the Administrator, using the Administrator’s available authorities.

(e) Residential exchange. Despite the rate provisions of section 839e and section 839c(c), the cost benefits of eligible utilities’ total purchases and exchange sales under section 839c(c)(1) are $145,000,000 for fiscal year 1997. Each eligible electric utility must receive net benefits equal to $145,000,000 multiplied by the percentage of the total net benefits the Administrator paid that utility for fiscal year 1995.

(f) Personnel flexibility. The Administrator may offer employees voluntary-separation incentives the Administrator considers necessary, but each incentive may not exceed $25,000. A recipient who accepts employment with the United States within five years after separating must repay the entire incentive to the Bonneville Power Administration.

(g) Savings. Unless Congress supersedes this authority by Act, this section is expressly intended to continue beyond the fiscal year.