§ 619a. — Renewal contracts for power.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC619a]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER III--HOOVER DAM CONTRACTS AND FACILITIES
Sec. 619a. Renewal contracts for power
(a) Offering of contracts by Secretary; total power obligation;
conforming of regulations; contract expiration and restrictions
(1) The Secretary of Energy shall offer:
(A) To each contractor for power generated at Hoover Dam a renewal
contract for delivery commencing June 1, 1987, of the amount of capacity
and firm energy specified for that contractor in the following table:
SCHEDULE A
Long Term Contingent Capacity and Associated Firm Energy Reserved for Renewal Contract Offers to Current Boulder
Canyon Project Contractors
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Firm energy (thousands
Contingent of kWh)
Contractor capacity -------------------------- Total
(kW) Summer Winter
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Metropolitan Water District of Southern California.......... 247,500 904,382 387,592 1,291,974
City of Los Angeles......................................... 490,875 488,535 209,658 698,193
Southern California Edison Company.......................... 277,500 175,486 75,208 250,694
City of Glendale............................................ 18,000 47,398 20,313 67,711
City of Pasadena............................................ 11,000 40,655 17,424 58,079
City of Burbank............................................. 5,125 14,811 6,347 21,158
Arizona Power Authority..................................... 189,000 452,192 193,797 645,989
Colorado River Commission of Nevada......................... 189,000 452,192 193,797 645,989
United States, for Boulder City............................. 20,000 56,000 24,000 80,000
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Totals.................................................. 1,448,000 2,631,651 1,128,136 3,759,787
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(B) To purchasers in the States of Arizona, Nevada and California
eligible to enter into such contracts under section 5 of the Boulder
Canyon Project Act [43 U.S.C. 617d], contracts for delivery commencing
June 1, 1987, or as it thereafter becomes available, of capacity
resulting from the uprating program and for delivery commencing June 1,
1987, of associated firm energy as specified in the following table:
SCHEDULE B
Contingent Capacity Resulting From the Uprating Program and Associated Firm Energy
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Contingent Firm energy (thousands of kWh)
State capacity -----------------------------------------
(kW) Summer Winter Total
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Arizona.................................................. 188,000 148,000 64,000 212,000
California............................................... 127,000 99,850 43,364 143,214
Nevada................................................... 188,000 288,000 124,000 412,000
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Totals............................................... 503,000 535,850 231,364 767,214
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Provided, however, That in the case of Arizona and Nevada, such
contracts shall be offered to the Arizona Power Authority and the
Colorado River Commission of Nevada, respectively, as the agency
specified by State law as the agent of such State for purchasing power
from the Boulder Canyon project: Provided further, That in the case of
California, no such contract under this subparagraph (B) shall be
offered to any purchaser who is offered a contract for capacity
exceeding 20,000 kilowatts under subparagraph (A) of this paragraph.
(C) To the Arizona Power Authority and the Colorado River Commission
of Nevada and to purchasers in the State of California eligible to enter
into such contracts under section 5 of the Boulder Canyon Project Act
[43 U.S.C. 617d], contracts for delivery commencing June 1, 1987, of
such energy generated at Hoover Dam as is available respectively to the
States of Arizona, Nevada, and California in excess of 4,501.001 million
kilowatthours in any year of operation (hereinafter called excess
energy) in accordance with the following table:
SCHEDULE C
Excess Energy
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Priority of entitlement to excess energy State
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First: Meeting Arizona's first priority Arizona
right to delivery of excess 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
subsection (a)(1)(A) of this section and
under schedule B of subsection (a)(1)(B)
of this section not exceeding 26 million
kilowatthours in each year of operation.
Third: Meeting the energy requirements of Arizona, Nevada, California
the three States, such available excess
energy to be divided equally among the
States.
------------------------------------------------------------------------
(2) The total obligation of the Secretary of Energy to deliver firm
energy pursuant to schedule A of subsection (a)(1)(A) of this section
and schedule B of subsection (a)(1)(B) of this section 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 subsection (a)(1)(C) of this section 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 using such capacity and energy to pump
California State water project water; and
(C) conform to the applicable provisions of subdivison \1\ E of
the Criteria, commencing at 48 Federal Register 20881, modified as
provided in this section. To the extent that said provisions of the
Criteria, as so modified, are applicable to contracts entered into
under this section, those provisions are hereby ratified.
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\1\ So in original. Probably should be ``subdivision''.
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(b) Prejudice of rights of contract holders under Boulder Canyon Project
Act
Nothing in the Criteria shall be construed to prejudice any rights
conferred by the Boulder Canyon Project Act, as amended and supplemented
[43 U.S.C. 617 et seq.], on the holder of a contract described in
subsection (a) of this section not in default thereunder on September
30, 2017.
(c) Execution of contract with parties to certain litigation; offer of
contract to other entities
(1) The Secretary of Energy shall not execute a contract described
in subsection (a)(1)(A) of this section with any entity which is a party
to the action entitled the ``State of Nevada, et al. against the United
States of America, et al.'' in the United States District Court for the
District of Nevada, case numbered CV LV `82 441 RDF, unless that entity
agrees to file in that action a stipulation for voluntary dismissal with
prejudice of its claims, or counterclaims, or crossclaims, as the case
may be, and also agrees to file with the Secretary a document releasing
the United States, its officers and agents, and all other parties to
that action who join in that stipulation from any claims arising out of
the disposition under this section of capacity and energy from the
Boulder Canyon project. The Attorney General shall join on behalf of the
United States, its officers and agents, in any such voluntary dismissal
and shall have the authority to approve on behalf of the United States
the form of each release.
(2) If after a reasonable period of time as determined by the
Secretary, the Secretary is precluded from executing a contract with an
entity by reason of paragraph (1) of this subsection, the Secretary
shall offer the capacity and energy thus available to other entities in
the same State eligible to enter into such contracts under section 5 of
the Boulder Canyon Project Act [43 U.S.C. 617d].
(d) Funding of uprating program
The uprating program authorized under section 619(a) of this title
shall be undertaken with funds advanced under contracts made with the
Secretary of the Interior by non-Federal purchasers described in
subsection (a)(1)(B) of this section. Funding provided by non-Federal
purchasers shall be advanced to the Secretary of the Interior pursuant
to the terms and conditions of such contracts.
(e) Deposit of uprating program funds in Colorado River Dam Fund
Notwithstanding any other provisions of the law, funds advanced by
non-Federal purchasers for use in the uprating program shall be
deposited in the Colorado River Dam Fund and shall be available for the
uprating program.
(f) Amounts advanced by non-Federal purchasers; financial integration as
capital costs
Those amounts advanced by non-Federal purchasers shall be
financially integrated as capital costs with other project costs for
rate-setting purposes, and shall be returned to those purchasers
advancing funds throughout the contract period through credits which
include interest costs incurred by such purchasers for funds contributed
to the Secretary of the Interior for the uprating program.
(g) Congressional exercise of reserved right
The provisions of this section constitute an exercise by the
Congress of the right reserved by it in section 5(b) of the Boulder
Canyon Project Act, as amended and supplemented [43 U.S.C. 617d(b)], to
prescribe terms and conditions for the renewal of contracts for
electrical energy generated at Hoover Dam. This section constitutes the
exclusive method for disposing of capacity and energy from Hoover Dam
for the period beginning June 1, 1987, and ending September 30, 2017.
(h) Court challenges; disputes and disagreements
(1) Notwithstanding any other provision of law, any claim that the
provisions of subsection (a) of this section violates any rights to
capacity or energy from the Boulder Canyon project is barred unless the
complaint is filed within one year after August 17, 1984, in the United
States Court of Federal Claims which shall have exclusive jurisdiction
over this action. Any claim that actions taken by any administrative
agency of the United States violates any right under this subchapter or
the Boulder Canyon Project Act [43 U.S.C. 617 et seq.] or the Boulder
Canyon Project Adjustment Act [43 U.S.C. 618 et seq.] is barred unless
suit asserting such claim is filed in a Federal court of competent
jurisdiction within one year after final refusal of such agency to
correct the action complained of.
(2) Any contract entered into pursuant to this section or section
107 of this Act [42 U.S.C. 7133 note] shall contain provisions by which
any dispute or disagreement as to interpretation or performance of the
provisions of this subchapter or of applicable regulations or of the
contract may be determined by arbitration or court proceedings. The
Secretary of Energy or the Secretary of the Interior, as the case may
be, if authorized to act for the United States in such arbitration or
court proceedings and, except as provided in paragraph (1) of this
subsection, jurisdiction is conferred upon any district court of the
United States of proper venue to determine the dispute.
(i) Congressional declaration of purpose
It is the purpose of subsections (c), (g), and (h) of this section
to ensure that the rights of contractors for capacity and energy from
the Boulder Canyon project for the period beginning June 1, 1987, and
ending September 30, 2017, will vest with certainty and finality.
(Pub. L. 98-381, title I, Sec. 105, Aug. 17, 1984, 98 Stat. 1335; Pub.
L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
References in Text
The Boulder Canyon Project Act, referred to in subsecs. (b) and
(h)(1), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which
is classified generally to subchapter I (Sec. 617 et seq.) of this
chapter. For complete classification of this Act to the Code, see
section 617t of this title and Tables.
The Boulder Canyon Project Adjustment Act, referred to in subsec.
(h)(1), is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which
is classified generally to subchapter II (Sec. 618 et seq.) of this
chapter. For complete classification of this Act to the Code, see
section 618o of this title and Tables.
Section 107 of this Act, referred to in subsec. (h)(2), is section
107 of Pub. L. 98-381, which is set out as a note under section 7133 of
Title 42, The Public Health and Welfare.
This subchapter, was in the original ``this Act'', meaning Pub. L.
98-381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter and
sections 7274 and 7275 of Title 42, and amended sections 617a, 617b,
618, 618a, 618e, 618k, and 1543 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 619 of this title and Tables.
Amendments
1992--Subsec. (h)(1). Pub. L. 102-572 substituted ``United States
Court of Federal Claims'' for ``United States Claims Court''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
