An act to authorize the Secretary of the Interior to construct, operate, and maintain certain facilities at Hoover Dam, and for other purposes.
PL 98-381 (S.268), enacted 08/17/1984

PUBLIC LAW 98-381—AUG. 17, 1984 
98 STAT. 1333 
Public Law 98-381 
98th Congress 
An Act 
To authorize the Secretary of the Interior to construct, operate, and maintain certain 
Aug. 17, 1984 
facilities at Hoover Dam, and for other purposes. 
[S. 268] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Hoover Power 
SECTION 1. This Act may be cited as the "Hoover Power Plant Act f
^
|
^
*
^ ^^^ ^^ 
of 1984". 
^^,«eV 
TITLE I 
43 u s e 619 note. 
SEC. 101. (a) The Secretary of the Interior is authorized to increase 43 use 619. 
the capacity of existing generating equipment and appurtenances at 
Hoover Powerplant (hereinafter in this Act referred to as "uprating 
program"); and to improve parking, visitor facilities, and roadways 
and to provide additional elevators, and other facilities that will 
contribute to the safety and sufficiency of visitor access to Hoover 
Dam and Powerplant (hereinafter in this Act referred to as "visitor 
facilities program"). 
(b) The Secretary of the Interior is authorized to construct a 
Colorado River bridge crossing, including suitable approach spans, 
immediately downstream from Hoover Dam for the purpose of 
alleviating traffic congestion and reducing safety hazards. This 
bridge shall not be a part of the Boulder Canyon project and shall 
)v j >
; 
neither be funded nor repaid from the Colorado River Dam Fund or 
the Lower Colorado River Basin Development Fund. 
SEC. 102. (a) Section 403(b) of the Colorado River Basin Project Act 
of 1968 (82 Stat. 894, as amended, 43 U.S.C. 1543) is amended by 
inserting "(1)" after "(b)" and adding the following new paragraph 
at the end thereof: 
' 
"(2) Except as provided in subsection 309(b), as amended, sums 43 use 1528. 
advanced by non-Federal entities for the purpose of carrying out the 
provisions of title III of this Act shall be credited to the development 43 use 1521. 
fund and shall be available without further appropriation for such 
purpose.". 
(b) Paragraph (1) of section 403(c) of the Colorado River Basin 
Project Act of 1968 (82 Stat. 894, as amended, 43 U.S.C. 1543(c)) is 
revised to read as follows: 
"(1) all revenues collected in connection with the operation of 
facilities authorized in title III in furtherance of the purposes of 
this Act (except entrance, admission, and other recreation fees 
or charges and proceeds received from recreation concession-
aires), until completion of repayment requirements of the 
Central Arizona project;". 
(c) Paragraph (2) of section 403(c) is revised by inserting immedi- 43 use 1543. 
ately preceding the existing proviso: "Provided, however, That for 
the Boulder Canyon project commencing June 1, 1987, and for the 
Parker-Davis project commencing June 1, 2005, and until the end of 
the repayment period for the Central Arizona project described in 
section 301(a) of this Act, the Secretary of Energy shall provide for 43 use I52i. 
98 STAT. 1334 
PUBLIC LAW 98-381—AUG. 17, 1984 
surplus revenues by including the equivalent of ^Vz mills per 
kilowatthour in the rates charged to purchasers in Arizona for 
application to the purposes specified in subsection (f) of this section 
and by including the equivalent IVn. mills per kilowatthour in the 
rates charged to purchasers in California and Nevada for applica-
tion to the purposes of subsection (g) of this section as amended and 
supplemented: Provided further. That after the repayment period 
for said Central Arizona project, the equivalent of 2V2 mills per 
kilowatthour shall be included by the Secretary of Energy in the 
rates charged to purchasers in Arizona, California, and Nevada to 
provide revenues for application to the purposes of said subsection 
(g) of this section:". 
SEC. 103. (a) The Boulder Canyon Project Act of 1928 (45 Stat. 
1057, as amended, 43 U.S.C. 617 et seq.), as amended and supple-
mented, is further amended: 
43 use 617a. 
(1) In the first sentence of section 2(b), by striking out "except 
that the aggregate amount of such advances shall not exceed 
the sum of $165,000,000", and by replacing the comma after the 
word "Act" with a period. 
43 use 617b. 
(2) In section 3, by deleting "$165,000,000." and inserting in 
lieu thereof "$242,000,000, of which $77,000,000 (October 1983 
price levels) shall be adjusted plus or minus such amounts as 
may be justified by reason of ordinary fluctuations of construc-
tion costs as indicated by engineering cost indices applicable to 
the type of construction involved herein. Said $77,000,000 repre-
sents the additional amount required for the uprating program 
and the visitor facilities program.". 
48 use 617 note. 
(b) Except as amended by this Act, the Boulder Canyon Project 
Act of 1928 (45 Stat. 1057, as amended, 43 U.S.C. 617 et seq.), as 
amended and supplemented, shall remain in full force and effect. 
SEC. 104. (a) The Boulder Canyon Project Adjustment Act of 1940 
(54 Stat. 774, as amended, 43 U.S.C. 618), as amended and supple-
mented, is further amended: 
43 use 618. 
(1) In section 1 by deleting the phrase "during the period 
beginning June 1, 1937, and ending May 31,1987" appearing in 
the introductory paragraph of section 1 and in section 1(a) and 
inserting in lieu thereof "beginning June 1,1937". 
(2) In section 1(b) by deleting the phrase "and such portion of 
such advances made on and after June 1, 1937, as (on the basis 
of repayment thereof within such fifty-year period or periods as 
the Secretary may determine) will be repayable prior to June 1, 
1987" and inserting in lieu thereof "and such advances made on 
and after June 1,1937, over fifty-year periods". 
(3) In section 1 by deleting the word "and" at the end of 
subsection (c); deleting the period at the end of subsection (d) 
and inserting in lieu thereof "; and", and by adding after 
subsection (d) the following new subsection (e): 
"(e) To provide, by application of the increments to rates specified 
43 use 1543. 
in section 403(c)(2) of the Colorado River Basin Project Act of 1968, 
as amended and supplemented, revenues, from and after June 1, 
1987, for application to the purposes there specified.". 
43 use 618a. 
(4) In section 2: 
(i) by deleting the first sentence and subsection (a) and 
inserting in lieu thereof: "All receipts from the project shall 
be paid into the Colorado River Dam Fund and shall be 
available, without further appropriation, for: 
PUBLIC LAW 98-381—AUG. 17, 1984 
98 STAT. 1335 
"(a) Defraying the costs of operation (including purchase of sup-
plemental energy to meet temporary deficiencies in firm energy 
which the Secretary of Energy is obligated by contract to supply), 
maintenance and replacements of, and emergency expenditures for, 
all facilities of the project, within such separate limitations as may 
be included in annual appropriations Acts;' and 
(ii) by amending subsection (e) to read as follows: 
"(e) Transfer to the Lower Colorado River Basin Development 
Fund established by title IV of the Colorado River Basin Project Act 
of 1968, as amended and supplemented, of the revenues referred to 
in section 1(e) of this Act.". 
(5) By deleting the final period at the end of section 6 and 
inserting in lieu thereof the following: ": Provided, That the 
respective rates of interest on appropriated funds advanced for 
the visitor facilities program, as described in section 101(a) of 
the Hoover Power Plant Act of 1984, shall be determined by the 
Secretary of the Treasury, taking into consideration average 
market yields on outstanding marketable obligations of the 
United States with remaining periods to maturity comparable 
to the reimbursement period of the program during the month 
preceding the fiscal year in which the costs of the program are 
incurred. To the extent that more than one interest rate is 
determined pursuant to the preceding sentence, the Secretary of 
the Treasury shall establish for repayment purposes an interest 
rate at a weighted average of the rates so determined.". 
(6) In section 12, in the paragraph beginning with "Replace-
ments", by deleting "during the period from June 1, 1937, to 
May 31, 1987, inclusive" and inserting in lieu thereof "begin-
ning June 1,1937". 
(b) Except as amended by this Act, the Boulder Canyon Project 
Adjustment Act of 1940 (54 Stat. 774, as amended, 43 U.S.C. 618), as 
amended and supplemented, shall remain in full force and effect. 
SEC. 105. (a)(1) The Secretary of Energy shall offer: 
(A) To each contractor for power generated at Hoover Dam a 
renewal contract for delivery commencing June 1, 1987, of the 
amount of capacity and firm energy specified for that contractor in 
the following table: 
SCHEDULE A 
LONG TERM CONTINGENT CAPACITY AND ASSOCIATED FIRM ENERGY RESERVED FOR 
RENEWAL CONTRACT OFFERS TO CURRENT BOULDER CANYON PROJECT CONTRACTORS 
43 u s e 1541. 
43 u s e 618. 
43 u s e 618e. 
Ante, p. 1333. 
43 u s e 618k. 
43 u s e 618 note. 
43 u s e 618o. 
Contracts with 
U.S. 
43 u s e 619a. 
Contractor 
Contingent 
capacity 
(kW) 
Firm energy (thousands 
ofkWh) 
Summer 
Winter 
Total 
Metropolitan 
Water 
District 
of 
Southern California. 
City of Los Angeles 
Southern California Edison Company. 
City of Glendale 
City of Pasadena 
City of Burbank 
Arizona Power Authority 
Colorado 
River 
Commission 
of 
Nevada. 
United States, for Boulder City 
Totals 
247,500 
490,875 
277,500 
18,000 
11,000 
5,125 
189,000 
189,000 
20,000 
904,382 
488,535 
175,486 
47,398 
40,655 
14,811 
452,192 
452,192 
56,000 
387,592 
209,658 
75,208 
20,313 
17,424 
6,347 
193,797 
193,797 
24,000 
1,448,000 
2,631,651 
1,128,136 
1,291,974 
698,193 
250,694 
67,711 
58,079 
21,158 
645,989 
645,989 
80,000 
3,759,787 
98 STAT. 1336 
PUBLIC LAW 98-381—AUG. 17, 1984 
(B) To purchasers in the States of Arizona, Nevada and California 
eligible to enter into such contracts under section 5 of the Boulder 
43 use 6i7d. 
Canyon Project Act, contracts for delivery commencing June 1,1987, 
or as it thereafter becomes available, of capacity resulting from the 
uprating program and for delivery commencing June 1, 1987, of 
associated firm energy as specified in the following table: 
SCHEDULE B 
CONTINGENT CAPACITY RESULTING FROM THE UPRATING PROGRAM AND ASSOCIATED 
FIRM ENERGY 
State 
Arizona 
California 
Nevada 
Totals 
Contingent 
capacity 
(kW) 
188,000 
127,000 
188,000 
503,000 
Firm energy (thousands of kWh) 
Summer 
148,000 
99,850 
288,000 
535,850 
Winter 
64,000 
43,364 
124,000 
231,364 
Total 
212,000 
143,214 
412,000 
767,214 
Provided, however. That in the case of Arizona and Nevada, such 
contracts shall be offered to the Arizona Power Authority and the 
Colorado River Commission of Nevada, respectively, as the agency 
specified by State law as the agent of such State for purchasing 
power from the Boulder Canyon project: Provided further. That in 
the case of California, no such contract under this subparagraph (B) 
shall be offered to any purchaser who is offered a contract for 
capacity exceeding 20,000 kilowatts under subparagraph (A) of this 
paragraph. 
(C) To the Arizona Power Authority and the Colorado River 
Commission of Nevada and to purchasers in the State of California 
eligible to enter into such contracts under section 5 of the Boulder 
Canyon Project Act, contracts for delivery commencing June 1,1987, 
of such energy generated at Hoover Dam as is available respectively 
to the States of Arizona, Nevada, and California in excess of 
4,501.001 million kilowatthours in any year of operation (hereinafter 
called excess energy) in accordance with the following table: 
PUBLIC LAW 98-381—AUG. 17, 1984 
98 STAT. 1337 
SCHEDULE C 
EXCESS ENERGY 
Priority of entitlement to excess energy 
State 
First: Meeting Arizona's first priority right to delivery of excess Arizona 
energy which is equal in each year of operation to 200 million 
kilowatthours: Provided, however. That in the event excess energy 
in the amount of 200 million kilowatthours is not generated 
during any year of operation, Arizona shall accumulate a first 
right to delivery of excess energy subsequently generated in an 
amount not to exceed 600 million kilowatthours, inclusive of the 
current year's 200 million kilowatthours. Said first right of deliv-
ery shall accrue at a rate of 200 million kilowatthours per year 
for each year excess energy in the amount of 200 million 
kilowatthours is not generated, less amounts of excess energy 
delivered. 
Second: Meeting Hoover Dam contractual obligations under sched-
ule A of section 105(aXlXA) and under schedule B of section 
105(aXlXB) not exceeding 26 million kilowatthours in each year of 
operation. 
Third: Meeting the energy requirements of the three States, such 
available excess energy to be divided equally among the States. 
Arizona, 
Nevada, 
California 
(2) The total obligation of the Secretary of Energy to deliver firm 
energy pursuant to schedule A of section 105(aXlXA) and schedule B 
of section 105(a)(lXB) is 4,527,001 million kilowatthours in each year 
of operation. To the extent that the actual generation at Hoover 
Powerplant in any year of operation (less deliveries thereof to 
Arizona required by its first priority under schedule C of section 
105(aXlXC) whenever actual generation in any year of operation is 
in excess of 4,501.001 million kilowatthours) is less than 4,527.001 
million kilowatthours, such deficiency shall be borne by the holders 
of contracts under said schedules A and B in the ratio that the sum 
of the quantities of firm energy to which each contractor is entitled 
pursuant to said schedules bears to 4,527.001 million kilowatthours. 
At the request of any such contractor, the Secretary of Energy will 
purchase energy to meet that contractor's deficiency at such con-
tractor's expense. 
(3) Subdivision E of the "General Consolidated Power Marketing 
Criteria or Regulations for Boulder City Area Projects" published in 
the Federal Register May 9, 1983 (48 Federal Register commencing 
at 20881), hereinafter referred to as the "Criteria^' or as the "Regu-
lations" shall be deemed to have been modified to conform to this 
section. The Secretary of Energy shall cause to be included in the 
Federal Register a notice conforming the text of said Regulations to 
such modifications. 
(4) Each contract offered under subsection (aXD of this section 
shall: 
(A) expire September 30, 2017; 
(B) not restrict use to which the capacity and energy con-
tracted for by the Metropolitan Water District of Southern 
California may be placed within the State of California: Pro-
vided, That to the extent practicable and consistent with sound 
water management and conservation practice, the Metropolitan 
Water District of Southern California shall use such capacity 
and energy to pump available Colorado River water prior to 
Federal 
Register, 
publication. 
98 STAT. 1338 
PUBLIC LAW 98-381—AUG. 17, 1984 
using such capacity and energy to pump California State water 
project water; and 
(C) conform to the applicable provisions of subdivison E of the 
Criteria, commencing at 48 Federal Register 20881, modified as 
provided in this section. To the extent that said provisions of the 
Criteria, as so modified, are applicable to contracts entered into 
under this section, those provisions are hereby ratified, 
(b) Nothing in the Criteria shall be construed to prejudice any 
43 use 6i7t. 
rights conferred by the Boulder Canyon Project Act, as amended and 
supplemented, on the holder of a contract described in subsection (a) 
of this section not in default thereunder on September 80, 2017. 
(c)(1) The Secretary of Energy shall not execute a contract de-
scribed in subsection (aXlXA) of this section with any entity which is 
a party to the action entitled the "State of Nevada, et al. against the 
United States of America, et al." in the United States District Court 
for the District of Nevada, case numbered CV LV '82 441 RDF, 
unless that entity agrees to file in that action a stipulation for 
voluntary dismissal with prejudice of its claims, or counterclaims, or 
crossclaims, as the case may be, and also agrees to file with the 
Secretary a document releasing the United States, its officers and 
agents, and all other parties to that action who join in that stipula-
tion from any claims arising out of the disposition under this section 
of capacity and energy from the Boulder Canyon project. The Attor-
ney General shall join on behalf of the United States, its officers and 
agents, in any such voluntary dismissal and shall have the authority 
to approve on behalf of the United States the form of each release. 
(2) If after a reasonable period of time as determined by the 
Secretary, the Secretary is precluded from executing a contract with 
an entity by reason of paragraph (1) of this subsection, the Secretary 
shall offer the capacity and energy thus available to other entities in 
the same State eligible to enter into such contracts under section 5 
43 use 6i7d. 
of the Boulder Canyon Project Act. 
(d) The uprating program authorized under section 101(a) of this 
Act shall be undertaken with funds advanced under contracts made 
with the Secretary of the Interior by non-Federal purchasers de-
scribed in subsection (a)(1)(B) of this section. Funding provided by 
non-Federal purchasers shall be advanced to the Secretary of the 
Interior pursuant to the terms and conditions of such contracts. 
(e) Notwithstanding any other provisions of the law, funds ad-
vanced by non-Federal purch£isers for use in the uprating program 
shall be deposited in the Colorado River Dam Fund and shall be 
available for the uprating program. 
(f) Those amounts advanced by non-Federal purchasers shall be 
financially integrated as capital costs with other project costs for 
rate-setting purposes, and shall be returned to those purchasers 
advancing funds throughout the contract period through credits 
which include interest costs incurred by such purchasers for funds 
contributed to the Secretary of the Interior for the uprating 
program. 
(g) The provisions of this section constitute an exercise by the 
Congress of the right reserved by it in section 5(b) of the Boulder 
Canyon Project Act, as amended and supplemented, to prescribe 
terms and conditions for the renewal of contracts for electrical 
energy generated at Hoover Dam. This section constitutes the exclu-
sive method for disposing of capacity and energy from Hoover Dam 
for the period beginning June 1, 1987, and ending September 30, 
2017. 
PUBLIC LAW 98-381—AUG. 17, 1984 
98 STAT. 1339 
(h)(1) Notwithstanding any other provision of law, any claim that 
the provisions of subsection (a) of this section violates any rights to 
capacity or energy from the Boulder Canyon project is barred unless 
the complaint is filed within one year after the date of enactment of 
this Act in the United States Claims Court which shall have exclu-
sive jurisdiction over this action. An;^ claim that actions taken by 
any administrative agency of the United States violates any right 
under this title or the Boulder Canyon Project Act or the Boulder 
43 use 6i7t. 
Canyon Project Adjustment Act is barred unless suit asserting such 
43 use 6i8o. 
-claim is filed in a Federal court of competent jurisdiction within one 
year after final refusal of such agency to correct the action com-
plained of. 
(2) Any contract entered into pursuant to section 105 or section 
107 of this Act shall contain provisions by which any dispute or 
disagreement as to interpretation or performance of the provisions 
of this title or of applicable regulations or of the contract may be 
determined by arbitration or court proceedings. The Secretary of 
Energy or the Secretary of the Interior, as the case may be, if 
authorized to act for the United States in such arbitration or court 
proceedings and, except as provided in paragraph (1) of this subsec-
tion, jurisdiction is conferred upon any district court of the United 
States of proper venue to determine the dispute. 
(i) It is the purpose of subsections (c), (g), and (h) of this section to 
ensure that the rights of contractors for capacity and energy from 
the Boulder Canyon project for the period beginning June 1, 1987, 
'' 
and ending September 30, 2017, will vest with certainty and finality. 
SEC. 106. Reimbursement of funds advanced by non-Federal pur- 
43 use 6i9b. 
chasers for the uprating program shall be a repayment requirement 
of the Boulder Canyon project beginning with the first day of the 
month following completion of each segment thereof. The cost of the 
visitor facilities program as defined in section 101(a) of this Act shall 
become a repayment requirement beginning June 1, 1987, or when 
substantially completed, as determined by the Secretary of the 
Interior, if later. 
SEC. 107. (a) Subject to the provisions of any existing layoff 42 use 7133 
contracts, electrical capacity and energy associated with the United note. 
States' interest in the Navajo generating station which is in excess 
of the pumping requirements of the Central Arizona project and any 
such needs for desalting and protective pumping facilities as may be 
required under section 1010t)X2)(B) of the Colorado River Basin 
Salinity Control Act of 1974, as amended (hereinafter in this Act 43 use I57i. 
referred to as "Navajo surplus") shall be marketed and exchanged 
by the Secretary of Energy pursuant to this section. 
(b) Navajo surplus shall be marketed by the Secretary of Energy 
pursuant to the plan adopted under subsection (c) of this section, 
directly to, with or through the Arizona Power Authority and/or 
other entities having the status of preference entities under the 
reclamation law in accordance with the preference provisions of 
section 9(c) of the Reclamation Project Act of 1939 and as provided 
43 use 485h. 
in part IV, section A of the Criteria. 
(c) In the marketing and exchanging of Navajo surplus, the Secre-
tary of the Interior shall adopt the plan deemed most acceptable, 
after consultation with the Secretary of Energy, the Governor of 
Arizona, and the Central Arizona Water Conservation District (or 
its successor in interest to the repayment obligation for the Central 
Arizona project), for the purposes of optimizing the availability of 
Navajo surplus and providing financial assistance in the timely 
98 STAT. 1340 
PUBLIC LAW 98-381—AUG. 17, 1984 
43 u s e 389. 
Report. 
Fish and fishing. 
16 u s e 839b 
note. 
43 u s e 371 note. 
16 u s e 839 note. 
construction and repayment of construction costs of authorized 
features of the Central Arizona project. The Secretary of the Inte-
rior, in concert with the Secretary of Energy, in accordance with 
section 14 of the Reclamation Project Act of 1939, shall grant 
electrical power and energy exchange rights with Arizona entities as 
necessary to implement the adopted plan: Provided, however, That if 
exchange rights with Arizona entities are not required to implement 
the adopted plan, exchange rights may be offered to other entities. 
(d) For the purposes provided in subsection (c) of this section, the 
Secretary of Energy, or the marketing entity or entities under the 
adopted plan, are authorized to establish and collect or cause to be 
established and collected, rate components, in addition to those 
currently authorized, and to deposit the revenues received in the 
Lower Colorado River Basin Development Fund to be available for 
such purposes and if required under the adopted plan, to credit, 
utilize, pay over directly or assign revenues from such additional 
rate components to make repajnnent and establish reserves for 
repayment of funds, including interest incurred, to entities which 
have advanced funds for the purposes of subsection (c) of this 
section: Provided, however. That rates shall not exceed levels that 
allow for an appropriate saving for the contractor. 
(e) To the extent that this section may be in conflict with any 
other provision of law relating to the marketing and exchange of 
Navajo surplus, or to the disposition of any revenues therefrom, this 
section shall control. 
SEC. 108. Recognizing the expiration of Colorado River storage 
project (CRSP) contracts in 1989, prior to final reallocation of CRSP 
power pursuant to existing law, and within one year after enact-
ment of this Act, the Secretary of Energy, acting through the 
Western Area Power Administration, shall report, to the Committee 
on Interior and Insular Affairs of the House of Representatives and 
the Committee on Energy and Natural Resources of the United 
States Senate, on all Colorado River storage project (CRSP) power 
resources, including those presently allocated to the Lower Division 
States, which may be used to financially support the development of 
authorized projects in the States of the Upper Division (as that term 
is used in article II of the Colorado River Compact) of the Colorado 
River Basin. 
SEC. 109. The Secretary of the Interior, acting pursuant to Federal 
reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts 
amendatory thereof and supplementary thereto) and in accordance 
with the Pacific Northwest Electric Power Planning and Conserva-
tion Act (94 Stat. 2697) is authorized to design, construct, operate, 
and maintain fish passage facilities within the Yakima River Beisin, 
and to accept funds from any entity, public or private, to design, 
construct, operate, and maintain such facilities. 
eontracts 
with U.S. 
Conservation. 
42 u s e 7275. 
TITLE II 
SEC. 201. (a) Each long-term firm power service contract entered 
into or amended subsequent to one year from the date of enactment 
of this Act by the Secretary of Energy acting by and through the 
Western Area Power Administration (hereinafter "Western"), shall 
contain an article requiring the development and implementation 
by the purchaser thereunder of an energy conservation program. A 
long-term firm power service contract is any contract for the sale by 
Western of firm capacity, with or without energy, which is to be 
PUBLIC LAW 98-381—AUG. 17, 1984 
98 STAT. 1341 
delivered over a period of more than one year. The term "pur-
chaser" includes parent-t3T)e entities and their distribution or user 
members. If more than one such contract exists with a purchaser, 
only one program will be required for that purchaser. Each such 
contract article shall— 
(1) contain time schedules for meeting program goals and 
delineate actions to be taken in the event such schedules are not 
met, which may include a reduction of the allocation of capacity 
or energy to such purchaser as would otherwise be provided 
under such contract; and 
(2) provide for review and modification of the energy conser-
vation program at not to exceed five year intervals. 
(b) For purposes of this title, an energy conservation program 
shall— 
(1) apply to all uses of energy and capacity which are provided 
from any Federal project; 
(2) contain definite goals; 
(3) encourage customer consumption efficiency improvements 
and demand management practices which ensure that the avail-
able supply of hydroelectric power is used in an economically 
efficient and environmentally sound manner. 
SEC. 202. (a) Within one year after the date of enactment of this 
Act, Western shall amend its existing regulations (46 Fed. Reg. 
56140) to reflect— 
(1) the elements to be considered in the energy conservation 
programs required by this title, and 
(2) Western's criteria for evaluating and approving such 
programs. 
Such amended regulations shall be promulgated only after public 
notice and opportunity to comment in accordance with the Adminis-
trative Procedure Act (5 U.S.C. 551-706). 
(b) The following elements shall be considered by Western in 
evaluating energy conservation programs: 
(1) energy consumption efficiency improvements; 
(2) use of renewable energy resources in addition to hydroelec-
tric power; 
(3) load management techniques; 
(4) cogeneration; 
(5) rate design improvements, including— 
(i) cost of service pricing; 
(ii) elimination of declining block rates; 
(iii) time of day rates; 
(iv) seasonal rates; and 
(v) interruptible rates; and 
(6) production efficiency improvements. 
(c) Where a purchaser is implementing one or more of the forego-
ing elements under a program responding to Federal, State, or other 
Regulations. 
42 u s e 7276. 
Public 
information. 
5 u s e note prec. 
551. 
98 STAT. 1342 
PUBLIC LAW 98-381—AUG. 17, 1984 
initiatives that apply to conservation and renewable energy develop-
ment, in evaluating that purchaser's energy conservation program 
submitted pursuant to this title. Western shall make due allowance 
for the incorporation of such elements within the energy conserva-
tion program required by this title. 
Approved August 17, 1984. 
LEGISLATIVE HISTORY—S. 268 (H.R. 4275): 
HOUSE REPORT No. 98-648 accompanying H.R. 4275 (Comm. on Interior and Insular 
Affairs). 
SENATE REPORT No. 98-137 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): Aug. 4, considered and passed Senate. 
Vol. 130 (1984): May 3, H.R. 4275 considered and passed House; S. 268, amended, 
passed in lieu. 
July 26, 27, 30, 31, Senate considered and concurred in House 
amendments.