§ 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:
| Contractor | Contingent capacity (kW) | Firm energy (thousands of kWh) | Summer | Winter | Total |
|---|---|---|---|---|---|
| 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 | |
| Totals | 1,448,000 | 2,631,651 | 1,128,136 | 3,759,787 |
(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:
| State | Contingent capacity (kW) | Firm energy (thousands of kWh) | Summer | Winter | Total |
|---|---|---|---|---|---|
| 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 | |
| Totals | 503,000 | 535,850 | 231,364 | 767,214 |
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:
| Priority of entitlement to excess energy | State |
|---|---|
| First: Meeting Arizona’s first priority 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 | Arizona |
| 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 the three States, such available excess energy to be divided equally among the States | Arizona, Nevada, California |
(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:
(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.
(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.
[1] So in original. Probably should be “subdivision”.