16 USC 839g – Savings provisions
(a) Rights of States and political subdivisions of States
Nothing in this chapter shall be construed to affect or modify any right of any State or political subdivision thereof or electric utility to—
(1) determine retail electric rates, except as provided by section 839c(c)(3) of this title;
(2) develop and implement plans and programs for the conservation, development, and use of resources; or
(3) make energy facility siting decisions, including, but not limited to, determining the need for a particular facility, evaluating alternative sites, and considering alternative methods of meeting the determined need.
(b) Rights and obligations under existing contracts
Terms Used In 16 USC 839g
- Administrator: means the Administrator of the Bonneville Power Administration. See 16 USC 839a
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Conservation: means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution. See 16 USC 839a
- Contract: A legal written agreement that becomes binding when signed.
- Customer: means anyone who contracts for the purchase of power from the Administrator pursuant to this chapter. See 16 USC 839a
- Electric power: means electric peaking capacity, or electric energy, or both. See 16 USC 839a
- Indian tribe: 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. See 16 USC 839a
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Plan: 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. See 16 USC 839a
- Resource: means &mdash. See 16 USC 839a
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
Nothing in this chapter shall alter, diminish, or abridge the rights and obligations of the Administrator or any customer under any contract existing as of December 5, 1980.
(c) Statutory preferences and priorities of public bodies and cooperatives in sale of federally generated power
Nothing in this chapter shall alter, diminish, abridge, or otherwise affect the provisions of other Federal laws by which public bodies and cooperatives are entitled to preference and priority in the sale of federally generated electric power.
(d) Contractual rights under provisions later found to be unconstitutional
If any provision of this chapter is found to be unconstitutional, then any contract entered into by the Administrator, prior to such finding and in accordance with such provisions, to sell power, acquire or credit resources, or to reimburse investigation and preconstruction expenses pursuant to section 839c of this title, and section 839d(a), (f) or (h) of this title shall not be affected by such finding.
(e) Treaty and other rights of Indian tribes
Nothing in this chapter shall be construed to affect or modify any treaty or other right of an Indian tribe.
(f) Reservation of electric power for Montana; Hungry Horse and Libby Dams and Reservoirs
The reservation under law of electric power primarily for use in the State of Montana by reason of the construction of Hungry Horse and Libby Dams and Reservoirs within that State is hereby affirmed. Such reservation shall also apply to 50 per centum of any electric power produced at Libby Reregulating Dam if built. Electric power so reserved shall be sold at the rate or rates set pursuant to section 839e of this title.
(g) Rights of States to prohibit recovery of resource construction costs through retail rates
Nothing in this chapter shall be construed to affect or modify the right of any State to prohibit utilities regulated by the appropriate State regulatory body from recovering, through their retail rates, costs during any period of resource construction.
(h) Water appropriations
Nothing in this chapter shall be construed as authorizing the appropriation of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual. Nor shall any provision of this chapter of any plan or program adopted pursuant to the chapter (1) affect the rights or jurisdictions of the United States, the States, Indian tribes, or other entities over waters of any river or stream or over any groundwater resource, (2) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States, or (3) otherwise be construed to alter or establish the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water-related right.
(i) Existing Federal licenses, permits, and certificates
Nothing in this chapter shall be construed to affect the validity of any existing license, permit, or certificate issued by any Federal agency pursuant to any other Federal law.