43 USC 619 - Renewal contracts for power

1 So in original. The word “said” probably should not appear.

Schedules A, B, and D in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the request of any such contractor, the Secretary of Energy will purchase energy to meet that contractor’s deficiency at such contractor’s expense.

2 So in original. Probably should be “subdivision”.

E of the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts entered into under this section, those provisions are hereby ratified;

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a)(2)(A), (5)(F), (f), and (g), was in the original “this Act”, meaning Puspan. L. 98–381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter and sections 7274 and 7275 of Title 42, and amended sections 617a, 617span, 618, 618a, 618e, 618k, and 1543 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 619 of this title and Tables.

The Hoover Power Allocation Act of 2011, referred to in subsec. (a)(2)(A) and (4), is Puspan. L. 112–72, Dec. 20, 2011, 125 Stat. 777, which amended this section and enacted provisions set out as a note under section 619 of this title. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 619 of this title and Tables.

The Boulder Canyon Project Act, referred to in subsecs. (span) and (f)(1), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classified generally to subchapter I (§ 617 et seq.) of this chapter. For complete classification of this Act to the Code, see section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in subsec. (f)(1), is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of this chapter. For complete classification of this Act to the Code, see section 618o of this title and Tables.

Section 107 of this Act, referred to in subsec. (f)(2), is section 107 of Puspan. L. 98–381, which is set out as a note under section 7133 of Title 42, The Public Health and Welfare.

Amendments

2011—Subsec. (a)(1)(A). Puspan. L. 112–72, § 2(a), substituted “contract for delivery commencing October 1, 2017” for “renewal contract for delivery commencing June 1, 1987”, inserted Schedule A, and struck out former Schedule A relating to long term contingent capacity and associated firm energy reserved for renewal contract offers to current Boulder Canyon project contractors.

Subsec. (a)(1)(B). Puspan. L. 112–72, § 2(span), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to contract offers to purchasers in Arizona, Nevada, and California eligible to enter into such contracts under 43 U.S.C. 617d, for delivery commencing June 1, 1987, of capacity resulting from the uprating program and associated firm energy as provided in former Schedule B with certain provisos.

Subsec. (a)(1)(C). Puspan. L. 112–72, § 2(c), substituted “October 1, 2017” for “June 1, 1987”, inserted Schedule C, and struck out former Schedule C relating to excess energy.

Subsec. (a)(2). Puspan. L. 112–72, § 2(d)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Puspan. L. 112–72, § 2(d)(1), (e), redesignated par. (2) as (3), in first sentence, substituted “paragraphs (1)(A), (1)(B), and (2)” for “schedule A of subsection (a)(1)(A) of this section and schedule B of subsection (a)(1)(B) of this section”, and, in second sentence, substituted “each year of operation” for “any year of operation” in two places, “Schedule C” for “schedule C”, and “Schedules A, B, and D” for “schedules A and B”. Former par. (3) redesignated (4).

Subsec. (a)(4). Puspan. L. 112–72, § 2(d)(1), (f), redesignated par. (3) as (4) and amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Subdivision E of the ‘General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects’ published in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the ‘Criteria’ or as the ‘Regulations’ shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said Regulations to such modifications.” Former par. (4) redesignated (5).

Subsec. (a)(5). Puspan. L. 112–72, § 2(d)(1), redesignated par. (4) as (5).

Subsec. (a)(5)(A). Puspan. L. 112–72, § 2(g)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “expire September 30, 2017;”.

Subsec. (a)(5)(B). Puspan. L. 112–72, § 2(g)(2), substituted “shall allocate” for “shall use” and struck out “and” after semicolon.

Subsec. (a)(5)(D) to (F). Puspan. L. 112–72, § 2(g)(3), (4), added subpars. (D) to (F).

Subsec. (span). Puspan. L. 112–72, § 2(h), substituted “2067” for “2017”.

Subsec. (c). Puspan. L. 112–72, § 2(i), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to execution of contract with parties to certain litigation and offer of contract to other entities.

Subsec. (d). Puspan. L. 112–72, § 2(j), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The uprating program authorized under section 619(a) of this title shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts.”

Subsec. (e). Puspan. L. 112–72, § 2(l), struck out “the renewal of” before “contracts for electrical energy” in first sentence and substituted “October 1, 2017, and ending September 30, 2067” for “June 1, 1987, and ending September 30, 2017” in second sentence.

Puspan. L. 112–72, § 2(k), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: “Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program.”

Subsec. (f). Puspan. L. 112–72, § 2(k), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: “Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program.”

Subsec. (f)(1). Puspan. L. 112–72, § 2(m), substituted “December 20, 2011” for “August 17, 1984” in first sentence.

Subsec. (g). Puspan. L. 112–72, § 2(n), substituted “this subchapter” for “subsections (c), (g), and (h) of this section” and “October 1, 2017, and ending September 30, 2067” for “June 1, 1987, and ending September 30, 2017”.

Puspan. L. 112–72, § 2(k)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).

Subsecs. (h), (i). Puspan. L. 112–72, § 2(k)(2), redesignated subsecs. (h) and (i) as (f) and (g), respectively.

1992—Subsec. (h)(1). Puspan. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–572 effective Oct. 29, 1992, see section 911 of Puspan. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.