Page:United States Statutes at Large Volume 98 Part 2.djvu/177

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1337

PUBLIC LAW 98-381—AUG. 17, 1984 SCHEDULE C EXCESS ENERGY

Priority of entitlement to excess energy

State

First: Meeting Arizona's first priority right to delivery of excess Arizona energy which is equal in each year of operation to 200 million kilowatthours: Provided, however. That in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current year's 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in the amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered. Second: Meeting Hoover Dam contractual obligations under schedule A of section 105(a)(l)(A) and under schedule B of section 105(a)(l)(B) not exceeding 26 million kilowatthours in each year of operation. Third: Meeting the energy requirements of the three States, such Arizona, available excess energy to be divided equally among the States. Nevada, California

(2) The total obligation of the Secretary of Energy to deliver firm energy pursuant to schedule A of section 105(a)(l)(A) and schedule B of section 105(a)(l)(B) is 4,527,001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in any year of operation (less deliveries thereof to Arizona required by its first priority under schedule C of section 105(a)(l)(C) whenever actual generation in any year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said schedules A and B 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. (3) 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. (4) Each contract offered under subsection (a)(1) of this section shall: (A) expire September 30, 2017; (B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound water management and conservation practice, the Metropolitan Water District of Southern California shall use such capacity and energy to pump available Colorado River water prior to

Federal Register, publication.