[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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]