§904.10. Excess energy.
10 C.F.R. § 904.10
If excess Energy is determined by the United States to be available, it shall be made available to the Contractors, in accordance with the priority entitlement of section 105(a)(1)(C) of the Hoover Power Plant Act (43 U.S.C. 619(a)(1)(c)). After the annual first- and second-priority entitlement to excess energy has been obligated for delivery, Western will make available one-third of the third-priority excess energy to the Arizona Power Authority, one-third to the Colorado River Commission of Nevada, and one-third to the California Contractors.
Western will make available third-priority excess energy to the California Contractors based on the following formula:
The charge for all Excess Energy shall be the charge for Boulder Canyon Project Firm Energy existing at the time the Excess Energy is made available to the Contractor, including the appropriate Lower Basin Development Fund Contribution Charge.
Notes, amendments, and revision history
Authority
Authority: Reclamation Act of 1902 (32 Stat. 388); Boulder Canyon Project Act of 1928 (43 U.S.C. 617 et seq. ); Boulder Canyon Project Adjustment Act of 1940 (43 U.S.C. 618 et seq. ); Department of Energy Organization Act (42 U.S.C. 7101 et seq. ); Colorado River Storage Project Act of 1956 (43 U.S.C. 620 et seq. ); Colorado River Basin Project Act of 1968 (43 U.S.C. 1501 et seq. ); and Hoover Power Plant Act of 1984 (98 Stat. 1333 (43 U.S.C. 619 et seq. )).
Source
Source: 51 FR 43154, Nov. 28, 1986, unless otherwise noted.