---
kind: "section"
citation: "16 U.S.C. § 839a"
title: "16"
title_heading: "Conservation"
number: "839a"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/839a"
units:
  - "Chapter 12H — Pacific Northwest Electric Power Planning and Conservation"
---

# §839a. Definitions


As used in this chapter, the term—

- (1) “[Acquire](/usc/16/620e.md?p=1)” and “[acquisition](/usc/16/620e.md?p=1)” shall not be construed as authorizing the [Administrator](#2) to construct, or have ownership of, under this chapter or any other law, any electric generating facility.
- (2) “Administrator” means the Administrator of the Bonneville Power Administration.
- (3) “Conservation” means any reduction in [electric power](#9) consumption as a result of increases in the efficiency of energy use, production, or distribution.
- (4)
  - (A) “Cost-effective”, when applied to any measure or [resource](#19) referred to in this chapter, means that such measure or [resource](#19) must be forecast—
    - (i) to be reliable and available within the time it is needed, and
    - (ii) to meet or reduce the [electric power](#9) demand, as determined by the [Council](#6) or the [Administrator](#2), as appropriate, of the [consumers](#5) of the [customers](#7) at an estimated incremental [system cost](#4-B) no greater than that of the least-cost similarly reliable and available alternative measure or [resource](#19), or any combination thereof.
  - (B) For purposes of this paragraph, the term “system cost” means an estimate of all direct costs of a measure or [resource](#19) over its effective life, including, if applicable, the cost of distribution and transmission to the [consumer](#5) and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the [Administrator](#2) determines, on the basis of a methodology developed by the [Council](#6) as part of the plan, or in the absence of the plan by the [Administrator](#2), are directly attributable to such measure or [resource](#19).
  - (C) In determining the amount of power that a [conservation](#3) measure or other [resource](#19) may be expected to save or to produce, the [Council](#6) or the [Administrator](#2), as the case may be, shall [take](/usc/16/3102.md?p=18) into account projected realization factors and plant factors, including appropriate historical experience with similar measures or [resources](#19).
  - (D) For purposes of this paragraph, the “estimated incremental [system cost](#4-B)” of any [conservation](#3) measure or [resource](#19) shall not be treated as greater than that of any nonconservation measure or [resource](#19) unless the incremental [system cost](#4-B) of such [conservation](#3) measure or [resource](#19) is in excess of 110 per centum of the incremental [system cost](#4-B) of the nonconservation measure or [resource](#19).
- (5) “Consumer” means any end user of [electric power](#9).
- (6) “Council” means, unless otherwise specifically provided, the members appointed to the Pacific Northwest [Electric Power](#9) and [Conservation](#3) Planning Council established pursuant to [section 839b of this title](/usc/16/839b.md).
- (7) “Customer” means anyone who contracts for the purchase of power from the [Administrator](#2) pursuant to this chapter.
- (8) “Direct service industrial customer” means an industrial [customer](#7) that contracts for the purchase of power from the [Administrator](#2) for direct consumption.
- (9) “Electric power” means electric peaking capacity, or electric energy, or both.
- (10) “Federal base system resources” means—
  - (A) the Federal Columbia River Power System hydroelectric [projects](/usc/16/410r–5.md?p=c-4);
  - (B) [resources](#19) acquired by the [Administrator](#2) under long-term contracts in force on December 5, 1980; and
  - (C) [resources](#19) acquired by the [Administrator](#2) in an amount necessary to replace reductions in capability of the [resources](#19) referred to in subparagraphs (A) and (B) of this paragraph.
- (11) “Indian tribe” means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the [Secretary](#20) of the Interior.
- (12) “Major resource” means any [resource](#19) that—
  - (A) has a planned capability greater than fifty average megawatts, and
  - (B) if acquired by the [Administrator](#2), is acquired for a period of more than five years.

  Such term does not include any [resource](#19) acquired pursuant to [section 838i(b)(6) of this title](/usc/16/838i.md?p=b-6).

- (13) “New large single load” means any load associated with a new facility, an existing facility, or an expansion of an existing facility—
  - (A) which is not contracted for, or committed to, as determined by the [Administrator](#2), by a public body, cooperative, investor-owned utility, or Federal agency [customer](#7) prior to September 1, 1979, and
  - (B) which will result in an increase in power requirements of such [customer](#7) of ten average megawatts or more in any consecutive twelve-month period.
- (14) “Pacific Northwest”, “region”, or “regional” means—
  - (A) the [area](/usc/16/539m–1.md?p=1-A) consisting of the [States](/usc/16/544.md?p=r) of Oregon, Washington, and Idaho, the portion of the [State](/usc/16/590q.md?p=a) of Montana west of the Continental Divide, and such portions of the [States](/usc/16/544.md?p=r) of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin; and
  - (B) any contiguous [areas](/usc/16/539m–1.md?p=1-A), not in excess of seventy-five air miles from the [area](/usc/16/539m–1.md?p=1-A) referred to in [subparagraph (A)](#14-A), which are a part of the service [area](/usc/16/539m–1.md?p=1-A) of a rural electric cooperative [customer](#7) served by the [Administrator](#2) on December 5, 1980, which has a distribution system from which it serves both within and without such region.
- (15) “Plan” means the Regional [Electric Power](#9) and [Conservation](#3) plan (including any amendments thereto) adopted pursuant to this chapter and such plan shall apply to actions of the [Administrator](#2) as specified in this chapter.
- (16) “Renewable resource” means a [resource](#19) which utilizes solar, wind, hydro, geothermal, biomass, or similar sources of energy and which either is used for [electric power](#9) generation or will reduce the [electric power](#9) requirements of a [consumer](#5), including by direct application.
- (17) “Reserves” means the [electric power](#9) needed to avert particular planning or operating shortages for the benefit of firm power [customers](#7) of the [Administrator](#2) and available to the [Administrator](#2) (A) from [resources](#19) or (B) from rights to interrupt, curtail, or otherwise withdraw, as provided by specific contract provisions, portions of the [electric power](#9) supplied to [customers](#7).
- (18) “Residential use” or “residential load” means all usual residential, apartment, seasonal dwelling and farm electrical loads or uses, but only the first four hundred horsepower during any monthly billing period of farm irrigation and pumping for any farm.
- (19) “Resource” means—
  - (A) [electric power](#9), including the actual or planned [electric power](#9) capability of generating facilities, or
  - (B) actual or planned load reduction resulting from direct application of a renewable energy [resource](#19) by a [consumer](#5), or from a [conservation](#3) measure.
- (20) “Secretary” means the Secretary of Energy.

## Source credit

(Pub. L. 96–501, § 3, Dec. 5, 1980, 94 Stat. 2698.)