---
kind: "section"
citation: "16 U.S.C. § 839a"
title: "16"
title_heading: "Conservation"
number: "839a"
heading: "Definitions"
release: "119-102"
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](/usc/16/460mmm–1.md?p=2) or the [Administrator](#2), as appropriate, of the [consumers](#5) of the [customers](#7) at an estimated incremental system cost 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](/usc/16/460mmm–1.md?p=2) 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](/usc/16/460mmm–1.md?p=2) or the [Administrator](#2), as the case may be, shall take into account projected realization factors and plant factors, including appropriate historical experience with similar measures or [resources](/usc/16/410hhh–1.md?p=8).
  - (D) For purposes of this paragraph, the “estimated incremental system cost” 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 of such [conservation](#3) measure or [resource](#19) is in excess of 110 per centum of the incremental system cost of the nonconservation measure or [resource](#19).
- (5) “Consumer” means any end user of [electric power](#9).
- (6) “[Council](/usc/16/460mmm–1.md?p=2)” means, unless otherwise specifically provided, the members appointed to the Pacific Northwest [Electric Power](#9) and Conservation Planning [Council](/usc/16/460mmm–1.md?p=2) 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](/usc/16/668ee.md?p=14) hydroelectric [projects](/usc/16/410r–5.md?p=c-4);
  - (B) [resources](/usc/16/410hhh–1.md?p=8) acquired by the [Administrator](#2) under long-term contracts in force on December 5, 1980; and
  - (C) [resources](/usc/16/410hhh–1.md?p=8) acquired by the [Administrator](#2) in an amount necessary to replace reductions in capability of the [resources](/usc/16/410hhh–1.md?p=8) 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](/usc/16/1447a.md?p=6) 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](/usc/16/1447a.md?p=6)”, 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/16/6456.md?p=2) 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](/usc/16/668ee.md?p=14) from which it serves both within and without such [region](/usc/16/1447a.md?p=6).
- (15) “Plan” means the Regional [Electric Power](#9) and [Conservation plan](/usc/16/2902.md?p=2) (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](/usc/16/410hhh–1.md?p=8) 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](/usc/16/410hhh–1.md?p=10), 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.)