[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR209.141]



[Page 147-148]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 209_ADMINISTRATIVE PROCEDURE--Table of Contents

 

Sec.  209.141  Coordination of hydroelectric power operations with 

power marketing agencies.



    (a) Purpose. This regulation establishes policies and procedures for 

coordinating the operation of the Corps of Engineers' hydroelectric 

generating facilities with the power marketing agencies.

    (b) Applicability. This regulation applies to all civil works field 

operating agencies (FOA) having generating facilities producing 

marketable electric power.

    (c) References. (1) Section 5, Pub. L. 534, 78th Congress, Flood 

Control Act of 1944, December 22, 1944 (58 Stat. 889).

    (2) Section 302, Pub. L. 95-91, 95th Congress, Department of Energy 

Organization Act, August 4, 1977 (91 Stat. 565).

    (d) Background. Section 5 of the Act of December 22, 1944 (Pub. L. 

534, 78th Congress), provides that electric power and energy generated 

at reservoir projects under the control of the Department of the Army 

and in the opinion of the Secretary of Army not required in the 

operation of such projects shall be delivered to the Secretary of 

Interior for transmittal and disposal in a manner to encourage the most 

widespread use thereof at the lowest possible rates to consumers 

consistent with sound business principles. Section 302 of the Department 

of Energy Organization Act (Pub. L. 95-91) transfers all functions of 

the Secretary of Interior under section 5 of the 1944 Act to the 

Secretary of Energy together with all other functions of the Secretary 

of Interior, and officers and components of the Department of the 

Interior, with respect to the Southeastern Power Administration; the 

Southwestern Power Administration; the Alaska Power Administration; the 

Bonneville Power Administration; and the power marketing functions of 

the Bureau of Reclamation.

    (e) Policies. (1) The Corps is responsible for operating the 

hydroelectric power projects and providing information affecting cost 

and availability of power to the power marketing agencies. Marketing the 

generated power declared excess to the needs of the projects and 

recovering Federal investment are the responsibilities of the power 

marketing agencies.

    (2) All FOA Commanders will develop, in coordination with their 

respective power marketing agency, a system for exchanging operating 

information. The system will include general operating information and 

information on conditions that could substantially affect costs or power 

availability.

    (f) Delegation. Responsibility for coordinating the exchange of 

information may be delegated to the District Engineer at the discretion 

of the Division Engineer.

    (g) Procedures--(1) Specific requirements--(i) Continuing. Prompt 

written notification will be provided to the appropriate power marketing 

agency each time a change in power operations or conditions which could 

substantially affect costs or power availability is anticipated.

    (ii) Annual. Annually, when no changes in power operations or costs 

are expected for the succeeding 12-month period, the marketing agency 

will be notified of that fact in writing.

    (2) FOA responsibility. The FOA directly responsible for 

communicating



[[Page 148]]



with the marketing agency will develop appropriate reporting procedures 

in coordination with that agency.



[43 FR 8258, Mar. 1, 1978]