United States Code Title 40 — Public Buildings, Property, and Works

§ 591. Purchase of electricity

§ 591.

Purchase of electricity

(a)

General Limitation on Use of Amounts.—

A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including—

(1)

state utility commission rulings; and

(2)

electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.

(b)

Exceptions.—

(1)

Energy savings.—

This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).

(2)

Energy savings for military installations.—

This section does not preclude the Secretary of a military department from—

(A)

entering into a contract under section 2394 11  See References in Text note below. See References in Text note below. of title 10; or

(B)

purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.