Page images
PDF
EPUB

78 STAT 757.

Contracts.

Limitations.

indirectly, within the Pacific Northwest for hydroelectric energy delivered for use outside that region by a non-Federal utility, shall provide that the Secretary, after giving the purchaser notice not in excess of sixty days, will not deliver electric energy under such contract whenever it can reasonably be foreseen that such delivery would impair his ability to meet, either at or after the time of such delivery, the energy requirements of any Pacific Northwest customer. The purchaser shall obligate himself not to take delivery of or use any such energy to supply any load under such conditions that discontinuance of deliveries from the Pacific Northwest in sixty days would cause undue hardship to the purchaser or in his territory, and, further, the purchaser shall acknowledge full responsibility if any such hardship occurs. Deliveries by a non-Federal utility from its generating plants in the Pacific Northwest for use on its own distribution system in an area outside but contiguous to the Pacific Northwest (not including any extension of its outside service area by merger or acquisition after the effective date of this Act) shall not be deemed deliveries by such utility for use outside the Pacific Northwest.

(b) Electric energy generated at Federal hydroelectric plants in the Pacific Northwest which can be conserved, for which there is no immediate demand in the Pacific Northwest at any established rate, but for which the Secretary determines there may be a demand in meeting the future requirements of the Pacific Northwest, may be delivered for use outside that region only on a provisional basis under contracts providing that if the Secretary determines at a subsequent time that, by virtue of prior deliveries under such contract, the Secretary is or will be unable to meet the energy requirements of any Pacific Northwest customer, the purchaser will return the full amount of energy delivered to him, or such portion or portions thereof as may be required, at such time or times as may be specified by the Secretary, except that the Secretary shall not require return during the purchaser's daily peak periods. The Secretary shall require the return of the energy provisionally delivered hereunder, to such extent and at such times, as may be necessary to meet demands at any established rate for use within the Pacific Northwest.

(c) Any contract for the disposition of surplus peaking capacity shall provide that (1) the Secretary may terminate the contract upon notice not in excess of sixty months, and (2) the purchaser shall advance or return the energy necessary to supply the peaking capacity, except that the Secretary shall not require such advance or return during the purchaser's daily peak periods. The Secretary may contract for the sale of such energy to the purchaser, in lieu of its return, under the conditions prescribed in subsection (a) of this section.

(d) The Secretary, in making any determination of the energy requirements of any Pacific Northwest customer which is a non-Federal utility having hydroelectric generating facilities, shall exclude any amounts of hydroelectric energy generated in the Pacific Northwest and disposed of outside the Pacific Northwest by the utility which, through reasonable measures, could have been conserved or otherwise kept available for the utility's own needs in the Pacific Northwest. The Secretary may sell the utility as a replacement therefor only what would otherwise be surplus energy.

SEC. 4. Any contract of the Secretary for the sale or exchange of electric energy generated at, or peaking capacity of, Federal hydroelectric plants in marketing areas outside the Pacific Northwest for use within the Pacific Northwest shall be subject to limitations and conditions corresponding to those provided in sections 2 and 3 for any contract for the sale or exchange of hydroelectric energy or peaking

78 STAT. 758.

capacity generated within the Pacfic Northwest for use outside the

Pacific Northwest.

SEC. 5. Without regard to the limitations specified in sections 2 and Exchange con3 of this Act, the Secretary may enter into contracts for the exchange tracts. with areas other than the Pacific Northwest of (1) surplus energy during the Pacific Northwest storage refill period, (2) any hydroelectric energy during the Pacific Northwest storage refill period which will be returned to the Pacific Northwest in equal amounts during the same Pacific Northwest refill period or the succeeding storage drawdown period, (3) any hydroelectric energy which will be returned to the Pacific Northwest in equal amounts during the same Pacific Northwest storage drawdown period, (4) hydroelectric peaking capacity, or (5) surplus peaking capacity for energy. All benefits from such exchanges, including resulting increases of firm power, shall be shared equitably by the areas involved, having regard to the secondary energy and other contributions made by each.

SEC. 6. Any capacity in Federal transmission lines connecting, Transmission either by themselves or with non-Federal lines, a generating plant in lines. the Pacific Northwest or Canada with the other area or with any other area outside the Pacific Northwest, which is not required for the transmission of Federal energy or the energy described in section 9, shall be made available as a carrier for transmission of other electric energy between such areas. The transmission of other electric energy Rates. shall be at equitable rates determined by the Secretary, but such rates shall be subject to equitable adjustment at appropriate intervals not less frequently than once in every five years as agreed to by the parties. No contract for the transmission of non-Federal energy on a firm basis shall be affected by any increase, subsequent to the execution of such contract, in the requirements for transmission of Federal energy, the energy described in section 9, or other electric energy.

SEC. 7. The Secretary shall offer to amend, without imposing any other requirement as a condition to such amendment, all existing contracts for the sale or exchange of electric power generated at Federal hydroelectric plants in the Pacific Northwest to include, and shall include in all new contracts, provisions giving the purchaser priority on electric power generated at such plants in conformity with the provisions of this Act.

SEC. 8. No electric transmission lines or related facilities shall be constructed by any Federal agency outside the Pacific Northwest for the purpose of transmitting electric energy between the Pacific Northwest and Pacific Southwest, nor shall any arrangement for transmission capacity be executed by any Federal agency for the purpose of financing such lines and related facilities to be constructed by nonFederal entities, except those lines and facilities recommended for Federal construction in the Report of the Secretary of the Interior submitted to Congress on June 24, 1964, as supplemented on July 27, 1964, or as hereafter specifically authorized by Congress: Provided, That, except with respect to electric transmission lines and related facilities for the purpose of transmitting electric energy between the two regions above mentioned, nothing herein shall be construed as expanding or diminishing in any way the present authority of the Secretary of the Interior to construct transmission lines to market power and energy.

Nonapplicability.

78 STAT. 758. 78 STAT. 759.

SEC. 9. The provisions of this Act shall not be applicable to (1) the Canyon Ferry project and (2), except as provided in section 6, downstream power benefits to which Canada is entitled under the treaty between Canada and the United States relating to the cooperative development of the water resources of the Columbia River Basin, signed at Washington, January 17, 1961, nor to energy or capacity disposed of to Canada in any exchange pursuant to paragraph 1 or 2 of article VIII thereof. Nothing in this Act shall be construed to modify the geographical preference of power users in the State of Montana which is established by the Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as amended.

Approved August 31, 1964.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 590 (Comm. on Interior & Insular Affairs) and
Nos. 1063 & 1822 (Comm. of Conference).

SENATE REPORT: No. 122 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD:

Vol. 109 (1963): Apr. 22, considered in Senate.

Apr. 23, considered and passed Senate.

Aug. 27, considered and passed House, amended,

Vol. 110 (1964): Aug. 12, 18, House agreed to conference report.

88th Congress, H. J. Res. 733
August 31, 1964

Joint Resolution

78 STAT, 764

To designate the powerhouse on Clear Creek at the head of Whiskeytown
Reservoir, in the State of California, as Judge Francis Carr Powerhouse.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the one hundred and Clear Creek, thirty thousand kilowatt capacity powerhouse on Clear Creek at the Calif. head of Whiskeytown Reservoir shall hereafter be known as Judge Judge Francis Francis Carr Powerhouse in honor of Judge Francis Carr, of Carr Powerhouse, Redding, California, a lawyer, judge, public servant, and advocate designation. of reclamation development including the great Central Valley project developed to meet the serious water shortages in the San Joaquín Valley and Sacramento Valley of California. The Secretary of the Interior is hereby directed to place a suitable plaque at the site. Any law, regulation, document, or record of the United States in which such powerhouse is designated or referred to shall be held to refer to such powerhouse under and by the name of Judge Francis Carr Powerhouse.

Approved August 31, 1964.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 1344 (Comm. on Interior & Insular Affairs).
SENATE REPORT No. 1462 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD, Vol. 110 (1964):

May 4: Passed House.

Aug. 19: Considered and passed Senate, amended.

Aug. 21: House agreed to Senate amendment.

36-929 - 79 21

[blocks in formation]

Authorizing maintenance of flood and arroyo sediment control dams and related works to facilitate Rio Grande canalization project and authorizing appropriations for that purpose.

Be it enacted by the Senate and House of Representatives of the

thorized.

United States of America in Congress assembled, That for the purposes Rio Grande caof facilitating and implementing operation and maintenance of the nalization projinternational Rio Grande canalization project, the United States Com- ect. missioner, International Boundary and Water Commission, United Flood and sediStates and Mexico, is authorized to enter into agreements with the ment control. appropriate official or officials of local organizations, as defined in the Agreements auWatershed Protection and Flood Prevention Act of August 4, 1954 (70 Stat. 1088), as amended (16 U.S.C.A. 1001, et seq.), for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and El Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of said Commissioner, to facilitate and implement the operation and maintenance of said project.

Such maintenance agreements between the local organization and the United States shall provide the extent of contribution by the United States as may be mutually agreed by the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States may be either in the form of funds or performance of the actual operation and maintenance.

Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project.

Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary.

There is hereby authorized to be appropriated not in excess of Appropriation. $23,000 per annum for contributions to maintenance authorized by this Act.

Approved September 18, 1964.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 1533 (Comm. on Foreign Affairs).

SENATE REPORT No. 1021 (Comm. on Agriculture & Forestry).

CONGRESSIONAL RECORD, Vol. 110 (1964):

June 23: Considered and passed Senate.

July 21: Passed House, amended.

pt. 9: Senate concurred in House amendment.

« PreviousContinue »