{"identifier":"/us/usc/t16/s839a","title":16,"num":"\u00a7\u202f839a.","heading":"Definitions","text":"\u00a7\u202f839a.\nDefinitions\nAs used in this chapter, the term\u2014\n(1) \u201cAcquire\u201d and \u201cacquisition\u201d shall not be construed as authorizing the Administrator to construct, or have ownership of, under this chapter or any other law, any electric generating facility.\n(2) \u201cAdministrator\u201d means the Administrator of the Bonneville Power Administration.\n(3) \u201cConservation\u201d means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution.\n(4)\n(A) \u201cCost-effective\u201d, when applied to any measure or resource referred to in this chapter, means that such measure or resource must be forecast\u2014\n(i) to be reliable and available within the time it is needed, and\n(ii) to meet or reduce the electric power demand, as determined by the Council or the Administrator, as appropriate, of the consumers of the customers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource, or any combination thereof.\n(B) For purposes of this paragraph, the term \u201csystem cost\u201d means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource.\n(C) In determining the amount of power that a conservation measure or other resource may be expected to save or to produce, the Council or the Administrator, as the case may be, shall take into account projected realization factors and plant factors, including appropriate historical experience with similar measures or resources.\n(D) For purposes of this paragraph, the \u201cestimated incremental system cost\u201d of any conservation measure or resource shall not be treated as greater than that of any nonconservation measure or resource unless the incremental system cost of such conservation measure or resource is in excess of 110 per centum of the incremental system cost of the nonconservation measure or resource.\n(5) \u201cConsumer\u201d means any end user of electric power.\n(6) \u201cCouncil\u201d means, unless otherwise specifically provided, the members appointed to the Pacific Northwest Electric Power and Conservation Planning Council established pursuant to\nsection 839b of this title\n(7) \u201cCustomer\u201d means anyone who contracts for the purchase of power from the Administrator pursuant to this chapter.\n(8) \u201cDirect service industrial customer\u201d means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption.\n(9) \u201cElectric power\u201d means electric peaking capacity, or electric energy, or both.\n(10) \u201cFederal base system resources\u201d means\u2014\n(A) the Federal Columbia River Power System hydroelectric projects;\n(B) resources acquired by the Administrator under long-term contracts in force on\nDecember 5, 1980\n(C) resources acquired by the Administrator in an amount necessary to replace reductions in capability of the resources referred to in subparagraphs (A) and (B) of this paragraph.\n(11) \u201cIndian tribe\u201d means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the Secretary of the Interior.\n(12) \u201cMajor resource\u201d means any resource that\u2014\n(A) has a planned capability greater than fifty average megawatts, and\n(B) if acquired by the Administrator, is acquired for a period of more than five years.\nSuch term does not include any resource acquired pursuant to\nsection 838i(b)(6) of this title\n(13) \u201cNew large single load\u201d means any load associated with a new facility, an existing facility, or an expansion of an existing facility\u2014\n(A) which is not contracted for, or committed to, as determined by the Administrator, by a public body, cooperative, investor-owned utility, or Federal agency customer prior to\nSeptember 1, 1979\n(B) which will result in an increase in power requirements of such customer of ten average megawatts or more in any consecutive twelve-month period.\n(14) \u201cPacific Northwest\u201d, \u201cregion\u201d, or \u201cregional\u201d means\u2014\n(A) the area consisting of the States of Oregon, Washington, and Idaho, the portion of the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin; and\n(B) any contiguous areas, not in excess of seventy-five air miles from the area referred to in subparagraph (A), which are a part of the service area of a rural electric cooperative customer served by the Administrator on\nDecember 5, 1980\n(15) \u201cPlan\u201d means the Regional Electric Power and Conservation plan (including any amendments thereto) adopted pursuant to this chapter and such plan shall apply to actions of the Administrator as specified in this chapter.\n(16) \u201cRenewable resource\u201d means a resource which utilizes solar, wind, hydro, geothermal, biomass, or similar sources of energy and which either is used for electric power generation or will reduce the electric power requirements of a consumer, including by direct application.\n(17) \u201cReserves\u201d means the electric power needed to avert particular planning or operating shortages for the benefit of firm power customers of the Administrator and available to the Administrator (A) from resources or (B) from rights to interrupt, curtail, or otherwise withdraw, as provided by specific contract provisions, portions of the electric power supplied to customers.\n(18) \u201cResidential use\u201d or \u201cresidential load\u201d means all usual residential, apartment, seasonal dwelling and farm electrical loads or uses, but only the first four hundred horsepower during any monthly billing period of farm irrigation and pumping for any farm.\n(19) \u201cResource\u201d means\u2014\n(A) electric power, including the actual or planned electric power capability of generating facilities, or\n(B) actual or planned load reduction resulting from direct application of a renewable energy resource by a consumer, or from a conservation measure.\n(20) \u201cSecretary\u201d means the Secretary of Energy.","url":"https://projectusc.org/usc/t16/s839a.html","content":[{"t":"sec","id":"/us/usc/t16/s839a","children":[{"t":"num","text":"\u00a7\u202f839a."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter, the term\u2014"},{"t":"para","id":"/us/usc/t16/s839a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cAcquire\u201d and \u201cacquisition\u201d shall not be construed as authorizing the Administrator to construct, or have ownership of, under this chapter or any other law, any electric generating facility.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201cAdministrator\u201d means the Administrator of the Bonneville Power Administration.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201cConservation\u201d means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/4","children":[{"t":"num","text":"(4)"},{"t":"subpara","id":"/us/usc/t16/s839a/4/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" \u201cCost-effective\u201d, when applied to any measure or resource referred to in this chapter, means that such measure or resource must be forecast\u2014"},{"t":"clause","id":"/us/usc/t16/s839a/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" to be reliable and available within the time it is needed, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s839a/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" to meet or reduce the electric power demand, as determined by the Council or the Administrator, as appropriate, of the consumers of the customers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource, or any combination thereof.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" For purposes of this paragraph, the term \u201csystem cost\u201d means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" In determining the amount of power that a conservation measure or other resource may be expected to save or to produce, the Council or the Administrator, as the case may be, shall take into account projected realization factors and plant factors, including appropriate historical experience with similar measures or resources.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/4/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" For purposes of this paragraph, the \u201cestimated incremental system cost\u201d of any conservation measure or resource shall not be treated as greater than that of any nonconservation measure or resource unless the incremental system cost of such conservation measure or resource is in excess of 110 per centum of the incremental system cost of the nonconservation measure or resource.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201cConsumer\u201d means any end user of electric power.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cCouncil\u201d means, unless otherwise specifically provided, the members appointed to the Pacific Northwest Electric Power and Conservation Planning Council established pursuant to ","children":[{"t":"ref","text":"section 839b of this title","href":"/us/usc/t16/s839b","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cCustomer\u201d means anyone who contracts for the purchase of power from the Administrator pursuant to this chapter.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cDirect service industrial customer\u201d means an industrial customer that contracts for the purchase of power from the Administrator for direct consumption.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cElectric power\u201d means electric peaking capacity, or electric energy, or both.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/10","children":[{"t":"num","text":"(10)"},{"t":"chapeau","text":" \u201cFederal base system resources\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s839a/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Federal Columbia River Power System hydroelectric projects;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" resources acquired by the Administrator under long-term contracts in force on ","children":[{"t":"text","text":"December 5, 1980","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/10/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" resources acquired by the Administrator in an amount necessary to replace reductions in capability of the resources referred to in subparagraphs (A) and (B) of this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" \u201cIndian tribe\u201d means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the Secretary of the Interior.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/12","children":[{"t":"num","text":"(12)"},{"t":"chapeau","text":" \u201cMajor resource\u201d means any resource that\u2014"},{"t":"subpara","id":"/us/usc/t16/s839a/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has a planned capability greater than fifty average megawatts, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" if acquired by the Administrator, is acquired for a period of more than five years.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"Such term does not include any resource acquired pursuant to ","children":[{"t":"ref","text":"section 838i(b)(6) of this title","href":"/us/usc/t16/s838i/b/6","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/13","children":[{"t":"num","text":"(13)"},{"t":"chapeau","text":" \u201cNew large single load\u201d means any load associated with a new facility, an existing facility, or an expansion of an existing facility\u2014"},{"t":"subpara","id":"/us/usc/t16/s839a/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" which is not contracted for, or committed to, as determined by the Administrator, by a public body, cooperative, investor-owned utility, or Federal agency customer prior to ","children":[{"t":"text","text":"September 1, 1979","tail":", and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/13/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" which will result in an increase in power requirements of such customer of ten average megawatts or more in any consecutive twelve-month period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/14","children":[{"t":"num","text":"(14)"},{"t":"chapeau","text":" \u201cPacific Northwest\u201d, \u201cregion\u201d, or \u201cregional\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s839a/14/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the area consisting of the States of Oregon, Washington, and Idaho, the portion of the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/14/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any contiguous areas, not in excess of seventy-five air miles from the area referred to in subparagraph (A), which are a part of the service area of a rural electric cooperative customer served by the Administrator on ","children":[{"t":"text","text":"December 5, 1980","tail":", which has a distribution system from which it serves both within and without such region."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" \u201cPlan\u201d means the Regional Electric Power and Conservation plan (including any amendments thereto) adopted pursuant to this chapter and such plan shall apply to actions of the Administrator as specified in this chapter.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" \u201cRenewable resource\u201d means a resource which utilizes solar, wind, hydro, geothermal, biomass, or similar sources of energy and which either is used for electric power generation or will reduce the electric power requirements of a consumer, including by direct application.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" \u201cReserves\u201d means the electric power needed to avert particular planning or operating shortages for the benefit of firm power customers of the Administrator and available to the Administrator (A) from resources or (B) from rights to interrupt, curtail, or otherwise withdraw, as provided by specific contract provisions, portions of the electric power supplied to customers.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" \u201cResidential use\u201d or \u201cresidential load\u201d means all usual residential, apartment, seasonal dwelling and farm electrical loads or uses, but only the first four hundred horsepower during any monthly billing period of farm irrigation and pumping for any farm.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/19","children":[{"t":"num","text":"(19)"},{"t":"chapeau","text":" \u201cResource\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s839a/19/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" electric power, including the actual or planned electric power capability of generating facilities, or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s839a/19/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" actual or planned load reduction resulting from direct application of a renewable energy resource by a consumer, or from a conservation measure.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s839a/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" \u201cSecretary\u201d means the Secretary of Energy.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}