Pub. L. 104-46, tit. V, sec. 508

Sec. 508. (a) Definitions.—In this section: (1) Administrator.—The term “Administrator” means the Administrator of the Bonneville Power Administration. 109 STAT. 420 (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)). (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. 109 STAT. 421 839e, and notwithstanding the provisions of 16 U.S.C. 839c(c), the cost benefits of eligible utilities’ total purchase and exchange sales under 16 U.S.C. 839c(c)(1) shall be $145,000,000 for fiscal year 1997, and the net benefits paid to each eligible electric utility shall be $145,000,000 multiplied by the percentage of the total of such net benefits paid by the Administrator to such utility for fiscal year 1995. (f) Personnel Flexibility.—The Administrator may offer employees voluntary separation incentives as deemed necessary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separation shall repay the entire amount to the Bonneville Power Administration. (g) Savings.—Unless superseded by an Act of Congress, the authority provided by this section is expressly intended to extend beyond the fiscal year.