§ 831k. Transmission lines; construction or lease; sale of power over other than Government lines; rates when sold for resale at profit

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1933

   Pub. L. 73–32 § 12 · 48 Stat. 58

   Enacted · 16 U.S.C. § 831k

   May 18, 1933, ch. 32, § 12, 48 Stat. 65

   Source evidence

   Code source credit
   May 18, 1933, ch. 32, § 12, 48 Stat. 65

   Enacted provision · exact public law section
   Sec. 12. In order to place the board upon a fair basis for making Transmission lines construction, etc., authorized. Funds available. such contracts and for receiving bids for the sale of such power, it is hereby expressly authorized, either from appropriations made by Congress or from funds secured from the sale of such power, or from funds secured by the sale of bonds hereafter provided for, to construct, lease, purchase, or authorize the construction of transmission lines within transmission distance from the place where generated, and to interconnect with other systems. The board is also authorized to lease to any person, persons, or corporation the use of any transmission line owned by the Government and operated Leases; restriction. by the board, but no such lease shall be made that in any way interferes with the use of such transmission line by the board: Provided, That if any State, county, municipality, or other public or cooperative organization of citizens or farmers, not organized or doing business Provisos. Sale contracts to State, etc., lines when power for resale without profit. for profit, but primarily for the purpose of supplying electricity to its own citizens or members, or any two or more of such municipalities or organizations, shall construct or agree to construct and maintain a properly designed and built transmission line to the Government reservation upon which is located a Government generating plant, or to a main transmission line owned by the Government or leased by the board and under the control of the board, the board is hereby authorized and directed to contract with such State, county, municipality, or other organization, or two or more of them, for the sale of electricity for a term not exceeding thirty years; and in any such case the board shall give to such State, county, Term of grace. municipality, or other organization ample time to fully comply with any local law now in existence or hereafter enacted providing for the necessary legal authority for such State, county, municipality, or other organization to contract with the board for such power: Provided further, That all contracts entered into between the Corporation Contract provision for power distribution to consumers of same class. and any municipality or other political subdivision or cooperative organization shall provide that the electric power shall be sold and distributed to the ultimate consumer without discrimination as between consumers of the same class, and such contract Voidable if discriminatory, rebate, etc., given. shall be voidable at the election of the board if a discriminatory rate, rebate, or other special concession is made or given to any consumer or user by the municipality or other political subdivision or cooperative organization: And provided further, That as to any Resale agreement, surplus power. surplus power not so sold as above provided to States, counties, municipalities, or other said organizations, before the board shall sell the same to any person or corporation engaged in the distribution and resale of electricity for profit, it shall require said person or corporation to agree that any resale of such electric power by Consumer rate to be fixed by schedule. said person or corporation shall be made to the ultimate consumer of such electric power at prices that shall not exceed a schedule fixed by the board from time to time as reasonable, just, and fair; and in case of any such sale, if an amount is charged the ultimate consumer Voidable, if charge excessive. which is in excess of the price so deemed to be just, reasonable, and fair by the board, the contract for such sale between the board and such distributor of electricity shall be voidable at the election of the board: And provided further, That the board is hereby Mutual exchange with other systems of excess power, for water conservation, etc. authorized to enter into contracts with other power systems for the mutual exchange of unused excess power upon suitable terms, for the conservation of stored water, and as an emergency or break-down relief.

2. 2004

   Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005

   Pub. L. 108–447 div. C title VI § 603(a)(2) · 118 Stat. 2809

   Substituted · 16 U.S.C. § 831k

   Pub. L. 108–447 substituted “Board” for “board” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 108–447 substituted “Board” for “board” wherever appearing.

   Enacted provision · exact public law section
   Sec. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

   Effective date note
   Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section 831a of this title.

2 of 2 references resolved to an enrolled provision