An Act to guarantee electric consumers in the Pacific Northwest first call on electric energy generated at Federal hydroelectric plants in that region and to guarantee electric consumers in other regions reciprocal priority, and for other purposes
PL 88-552 (S.1007), enacted 08/31/1964

756 
PUBLIC LAW 88-552-AUG. 31, 1964 
[78 STAT. 
August 31, 1964 
[S. 1007] 
Public Law 88-552 
AN ACT 
To guarantee electric consumers in the Pacific Northwest first call on electric 
energy generated at Federal hydroelectric plants in that region and to guaran-
tee electric consumers in other regions reciprocal priority, and for other 
purposes. 
Pacific North-
west, 
Federal hydro-
electric plants. 
Definitions. 
Notice to 
purchasers. 
Deliveries. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That, as used in this 
Act— 
(a) "Secretary" means the Secretary of the Interior. 
(b) "Pacific Northwest" means (1) the region consisting of the 
States of Oregon and Washington, the State of Montana west of the 
Continental Divide, and such portions of the States of Nevada, Utah, 
and Wyoming within the Columbia drainage basin and of the State of 
Idaho as the Secretary may determine to be within the marketing area 
of the Federal Columbia River power system, and (2) any contiguous 
areas, not in excess of seventy-five airline miles from said region, 
which are a part of the service area of a distribution cooperative which 
has (i) no generatin|^ facilities, and (ii) a distribution system from 
which it serves both within and without said region. 
(c) "Surplus energy" means electric energy generated at Federal 
hydroelectric plants in the Pacific Northwest which would otherwise 
be wasted because of the lack of a market therefor in the Pacific North-
west at any established rate. 
(d) "Surplus peaking capacity" means electric peaking capacity at 
Federal hydroelectric plants in the Pacific Northwest for which there 
is no demand in the Pacific Northwest at any established rate. 
(e) "Non-Federal utility" means any utility not owned or controlled 
by the United States, including any entity (1) which such a utility 
owns or controls, in whole Or in part, or is controlled by, (2) which is 
controlled by those controlling such utility, or (3) of which such utility 
is a member. 
(f) "Energy requirements of any Pacific Northwest customer" 
means the full requirements for electric energy of (1) any purchaser 
from the United States for direct consumption in the Pacific North-
west, and (2) any non-Federal utility in that region in excess of (i) 
the hydroelectric energy available for its own use from its generating 
plants in the Pacific Northwest, and (ii) any additional energy avail-
able for use in the Pacific Northwest which, under a then existing 
contract, the utility (A) can obtain at no higher incremental cost than 
the rate charged by the United States, or (B) is required to accept. 
(g) Terms not defined herein shall, unless the context requires other-
wise, have the meaning given them in the March 1949 Glossary of 
Important Power and Rate Terms prepared under the supervision of 
the Federal Power Commission. 
SEC. 2. Subject to the provisions of this Act, the sale, delivery, and 
exchange of electric energy generated at, and peaking capacity of, 
Federal hydroelectric plants m the Pacific Northwest for use outside 
the Pacific Northwe^ shall be limited to surplus energy and surplus 
peaking capacity. At least 30 days prior to the execution of any con-
tract for the sale, delivery, or exchange of surplus energy or surplus 
peaking capacity for use outside the Pacific Northwest, the Secretary 
shall give the then customers of the Booneville Powder Administration 
written notice that negotiations for such a contract are pending, and 
thereafter, at any customer's request, make available for its inspection 
current drafts oi the proposed contract. 
SEC. 3. (a^ Any contract for the sale or exchange of surplus energy 
for use outside the Pacific Northwest, or as replacement, directly or 
78 STAT.] 
PUBLIC LAW 88-552-AUG. 31, 1964 
757 
indirectly, within the Pacific Northwest for hydroelectric energy de-
livered for use outside that region by a non-Federal utility, shall pro-
vide that the Secretary, after giving the purchaser notice not in excess 
of sixty days, will not deliver electric energy under such contract 
whenever it can reasonably be foreseen that such delivery would im-
pair his ability to meet, either at or after the time of such delivery, the 
energy requirements of any Pacific Northw^est customer. 
The pur-
chaser shall obligate himself not to take delivery of or use any such 
energy to supply any load under such conditions that discontinuance of 
deliveries from the Pacific Northwest in sixty days would cause undue 
hardship to the purchaser or in his territory, and, further, the pur-
chaser shall acknowledge full responsibility if any such hardship 
occurs. Deliveries by a non-Federal utility from its generating plants 
in the Pacific Northwest for use on its own distribution system in an 
area outside but contiguous to the Pacific Northwest (not including 
any extension of its outside service area by merger or acquisition after 
the effective date of this Act) shall not be deemed deliveries by such 
utility for use outside the Pacific Northwest. 
(b) Electric energy generated at Federal hydroelectric plants in 
the Pacific Northwest which can be conserved, for which there is no 
immediate demand in the Pacific Northwest at any established rate, 
but for which the Secretary determines there may be a demand in 
meeting the future requirements of the Pacific Northwest, may be 
delivered for use outside that region only on a provisional basis under 
contracts providing that if the Secretary determines at a subsequent 
time that, by virtue of prior deliveries under such contract, the Secre-
tary is or will be unable to meet the energy requirements of any 
Pacific Northwest customer, the purchaser will return the full amount 
of enera^y delivered to him, or such portion or portions thereof as may 
be required, at such time or times as may be specified by the Secretary, 
except that the Secretary shall not require return during the pur-
chaser's daily peak periods. The Secretary shall require the return 
of the energy provisionally delivered hereunder, to such extent and 
at such times, as may be necessary to meet demands at any established 
rate for use within the Pacific Northwest. 
(c) Any contract for the disposition of surplus peaking capacity 
shall provide that (1) the Secretary may terminate the contract upon 
notice not in excess of sixty months, and (2) the purchaser shall 
advance or return the energy necessary to supply the peaking 
capacity, except that the Secretary shall not require such advance or 
return during the purchaser's daily peak periods. The Secretary 
may contract for the sale of such energy to the purchaser, in lieu of its 
return, under the conditions prescribed in subsection (a) of this 
section. 
(d) The Secretary, in making any determination of the energy 
requirements of any Pacific Nortliwest customer which is a non-Fed-
eral utility having hydroelectric generating facilities, shall exclude 
any amounts of hydroelectric energy generated in the Pacific North-
west and disposed of outside the Pacific Northwest by the utility 
which, through reasonable measures, could have been conserved or 
otherwise kept available for the utility's own needs in the Pacific 
Northwest. 
The Secretary may sell the utility as a replacement 
therefor only what would otherwise be surplus energy. 
SEC. 4. Any contract of the Secretary for the sale or exchange of 
electric energy generated at, or peaking capacity of. Federal hydro-
electric plants in marketing areas outside the Pacific Northwest for 
use within the Pacific Northwest shall be subject to limitations and con-
ditions corresponding to those provided in sections 2 and 3 for a,nj 
contract for the sale or exchange of hydroelectric energy or peaking 
Contracts. 
Limitations. 
758 
PUBLIC LAW 88-552-AUG. 31, 1964 
[78 STAT. 
Exchange con-
tracts. 
Transmission 
lines. 
Rates. 
Nonapplic abil-
ity. 
capacity generated within the Pacfic Northwest for use outside the 
Pacific Northwest. 
SEC. 5. Without regard to the limitations specified in sections 2 and 
3 of this Act, the Secretary may enter into contracts for the exchange 
with areas other than the Pacific Northwest of (1) surplus energy 
during the Pacific Northwest storage refill period, (2) any hydroelec-
tric energy during the Pacific Northwest storage refill period which 
will be returned to the Pacific Northwest in equal amounts during the 
same Pacific Northwest refill period or the succeeding storage draw-
down period, (3) any hydroelectric energy which will be returntHl 
to the Pacific Northwest in equal amounts during the same Pacific 
Northwest storage drawdown period, (4) hydroelectric peaking 
capacity, or (5) surplus peaking capacity for energy. 
All benefits 
from such exchanges, including resulting increases of firm power, 
shall be shared equitably by the areas involved, having regard to the 
secondary energy and other contributions made by each. 
SEC. 6. Any capacity in Federal transmission lines connecting, 
either by themselves or with non-Federal lines, a generating plant in 
the Pacific Northwest or Canada with the other area or with any 
other area outside the Pacific Northwest, which is not required for 
the transmission of Federal energy or the energy described in section 
9, shall be made available as a carrier for transmission of other electric 
energy between such areas. 
The transmission of other electric energy 
shall be at equitable rates determined by the Secretary, but such rates 
shall be subject to equitable adjustment at appropriate intervals not 
less frequently than once in every five years as agreed to by the parties. 
No contract for the transmission of non-Federal energy on a firm 
basis shall be affected by any increase, subsequent to the execution of 
such contract, in the requirements for transmission of Federal energy, 
the energy described in section 9, or other electric energy. 
SEC. 7. The Secretary shall offer to amend, without imposing any 
other requirement as a condition to such amendment, all existing con-
tracts for the sale or exchange of electric power generated at Federal 
hydroelectric plants in the Pacific Northwest to include, and shall 
include in all new contracts, provisions giving the purchaser priority 
on electric power generated at such plants m conformity with the 
provisions of this Act. 
SEC. 8. No electric transmission lines or related facilities shall be 
constructed by any Federal agency outside the Pacific Northwest for 
the purpose of transmitting electric energy between the Pacific North-
west and Pacific Southwest, nor shall any arrangement for transmis-
sion capacity be executed by any Federal agency for the purpose of 
financing such lines and related facilities to be constructed by non-
Federal entities, except those lines and facilities recommended for 
Federal construction in the Report of the Secretary of the Interior 
submitted to Congress on June 24, 1964, as supplemented on July 27, 
1964, or as hereafter specifically authorized by Congress: Provided^ 
That, except with respect to electric transmission lines and related 
facilities for the purpose of transmitting electric energy between the 
two regions above mentioned, nothing herein shall be construed as 
expanding or diminishing in any way the present authority of the 
Secretary of the Interior to construct transmission lines to market 
power and energy. 
SEO. 9. The provisions of this Act shall not be applicable to (1) the 
Canyon Ferry project and (2), except as provided in section 6, down-
stream power benefits to which Canada rs entitled under the treaty 
between Canada and the United States relating to the cooperative 
development of the water resources of the Columbia River Basin, 
signed at Washington, January 17, 1961, nor to energy or capacity 
78 STAT.] 
PUBLIC LAW 88-553-AUG. 31, 1964 
759 
disposed of to Canada in any exchange pursuant to paragraph 1 or 2 
of article V I I I thereof. Nothing in this Act shall be construed to 
modify the geographical preference of power users in the State of 
Montana which is established by the Hungry Horse Dam Act (Act of 
June 4,1944, 58 Stat. 270), as amended. 
43 use 593a, 
Approved August 31, 1964. 
^^^^' ^"'^ "°*^^-
Public Law 88-553 
AN ACT 
August 31, 1964 
To authorize the Secretary of the Navy to convey to the city of Sunnyvale, State 
[H. . 12278] 
of California, certain lands in the county of Santa Clara, State of California, 
in exchange for certain other lands. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemoled^ That, notwithstand- 
L^n'd'exch'an^i^^ 
ing any other provisions of law, the Secretary of the Navy, or his 
designee, is authorized to convey to the city of Sunnyvale, State of 
California, subject to the terms and conditions hereinafter stated, 
and to such other terms and conditions as the Secretary of the Navy, 
or his designee, shall deem to be in the public interest, all right, title, 
and interest of the United States in and to lands located in the county 
of Santa Clara, State of California, described substantially as follows: 
A parcel of land situate in the Kancho Pastoria de las Borregas, 
Santa Clara County, California, said parcel being a portion of that 
certain 153.133 acre tract of land described in judgment entered 
August 26, 1952, in civil action numbered 31783 had in the District 
Court of the United States in and for the Northern District of 
California, Southern Division, a copy of said judgment being re-
corded in book 2477, official records, at page 487, Records of Santa 
Clara County, and the boundaries of said parcel being described 
as follows: 
Beginning at a granite monument set at the point of intersection 
of the northerly line of Maude Avenue with the centerline of Moun-
tain View and Alviso Road as said monument is shown on that certain 
map entitled, "Map of the Partition of Part of the Rancho Pastoria 
de las Borregas Patented to Martin Murphy, Jr." filed April 29, 1893, 
in the office of the recorder, Santa Clara County, California, in book 
G of maps at pages 74 and 75, from said point of beginning; thence, 
(1) north 57 degrees 00 minutes 30 seconds east, 54.33 feet to 
a point in the centerline of Mountain View and Alviso Road; 
thence 
(2) north 15 degrees 21 minutes east, 1,757.62 feet to a point; 
thence 
(3) north 74 degrees 44 minutes 10 seconds west, 432.23 feet 
to a point; thence 
(4) north 16 degrees 24 minutes east, 430.00 feet to a point; 
thence 
(5)north 74 degrees 44 minutes 10 seconds west, 415.16 feet to 
a point; thence 
(6) north 16 degrees 24 minutes east, 555.00 feet to the north-
erly terminus of the course designated as "(16)" in the aforesaid 
judgment; thence 
(7) south 74 degrees 44 minutes 10 seconds east, along the 
course designated as "(15)" in the aforesaid judgment, 800.00 
feet to a point; thence 
31-667 0-65—51