109 STAT. 420
PUBLIC LAW 104-46—NOV. 13, 1995
(2) COUNCIL.— The term "Council" means the Northwest
Power and Conservation Planning Council.
(3) EXCESS FEDERAL POWER. —The term "excess Federal
power" means such electric power that has become surplus
to the firm contractual obligations of the Administrator under
section 5(f) of the Pacific Northwest Electric Power Planning
and Conservation Act (16 U.S.C. 839c(f)) due to either—
(A) any reduction in the quantity of electric power
that the Administrator is contractually required to supply
under subsections (b) and (d) of section 5 of the Pacific
Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839c), due to the election by customers of the
Bonneville Power Administration to purchase electric power
from other suppliers, as compared to the quantity of electric
power that the Administrator was contractually required
to supply as of January 1, 1995; or
(B) those operations of the Federal Columbia River
Power System that are primarily for the benefit of fish
and wildlife affected by the development, operation, or
management of the System.
(b) SALE OF EXCESS FEDERAL POWER. —Notwithstanding section
2, subsections (a), (b), and (c) of section 3, and section 7 of Public
Law 88-552 (16 U.S.C. 837a, 837b, and 8370, and section 9(c)
of the Pacific Northwest Electric Power Planning and Conservation
Act (16 U.S.C. 839f(c)), the Administrator may, as permitted by
otherwise applicable law, sell or otherwise dispose of excess Federal
power—
(1) outside the Pacific Northwest on a firm basis for a
contract term of not to exceed 7 years, if the excess Federal
power is first offered for a reasonable period of time and under
the same essential rate, terms and conditions to those Pacific
Northwest public body, cooperative and investor-owned utilities
and those direct service industrial customers identified in subsection (b) or (d)(1)(A) of section 5 of the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C. 839c);
and
(2) in any region without the prohibition on resale established by the second sentence of section 5(a) of the Act entitled
"An Act to authorize the completion, maintenance, and operation of Bonneville project for navigation, and for other purposes", approved August 20, 1937 (commonly known as the
"Bonneville Project Act of 1937") (16 U.S.C. 832d(a)).
Reports.
(c) STUDY BY COUNCIL.—(1) Within 180 days of enactment
of this Act, the Council shall review and report to Congress regarding the most appropriate governance structure to allow more effective regional control over 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 North
Pacific Division of the Corps of Engineers, is authorized to place
orders for goods and services related to facilities for electric power
generation and fish and wildlife mitigation associated with the
Federal Columbia River Power System with and through the
Administrator using the authorities available to the Administrator.
(e) RESIDENTIAL EXCHANGE. — Notwithstanding the establishment, confirmation and approval of rates pursuant to 16 U.S.C.
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