An act to provide certain authority for the purchase and sale of electric energy by Federal departments in Alaska, and for other purposes.
PL 96-571 (S.1784), enacted 12/22/1980

PUBLIC LAW 96-571—DEC. 22, 1980 
94 STAT. 3341 
Public Law 96-571 
96th Congress 
An Act 
To provide certain authority for the purchase and sale of electric energy by Federal 
departments in Alaska, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
Dec. 22, 1980 
[S. 1784] 
Alaska Federal-
Civilian Energy 
Efficiency Swap 
Act of 1980. 
SECTION 1. This Act shall be referred to as the "Alaska Federal- 40 use 795 note. 
Civilian Energy Efficiency Swap Act of 1980". 
DEFINITIONS 
SEC. 2. As used in this Act— 
40 use 795. 
(1) The term "non-Federal electric energy" means electric 
energy generated by any facility other than a federally owned 
electric generating facility. 
(2) The term "agency' means the head of any department, 
agency, or instrumentality of 
the United States. 
(3) The term "federally generated electric energy" means any 
electric power generated by an electric generating facility owned 
and operated by an agency. 
(4) The term "non-Federal person" means any corporation, 
cooperative, municipality, or other non-Federal entity which 
generates non-Federal electric energy. 
AUTHORITY TO SELL CERTAIN ELECTRIC ENERGY 
SEC. 3. (a) For the purposes of conserving oil and natural gas and 40 use 795a. 
better utilizing coal, any agency is authorized to sell to any non-
Federal person, and to enter into contracts for the sale to any non-
Federal person of, electric energy generated by coal-fired electric 
generating facilities of such agency in Alaska without regard to any 
provision of law which precludes such sale where such energy is 
available from other local sources, if the agency determines that— 
(1) such energy is generated by an existing coal-fired generat-
ing facility; 
(2) such energy is surplus to such agency's needs and is in 
excess of the electric energy specifically generated for consump-
tion by, or necessary to serve the requirements of, any depart-
ment, agency, or instrumentality of 
the United States; 
(3) the costs to the ultimate consumers of such energy is less 
than the costs which, in the absence of such sale, would be 
incurred by such consumers for the purchase of an equivalent 
amount of 
energy; and 
(4) such sale will result in a reduction in the total consumption 
of oil or natural gas by the non-Federal person purchasing such 
electric energy below that consumption which would occur in the 
absence of 
such sale. 
94 STAT. 3342 
PUBLIC LAW 96-571—DEC. 22, 1980 
0)) Federally generated electric energy sold by an agency as 
provided in subsection (a) shall be priced to recover the fuel costs and 
variable operation and maintenance costs of the Federal generating 
facility concerned which costs are attributable to such sale, plus an 
amount equal to one-half the difference between— 
(1) the costs of producing the electric energy by coal genera-
tion, and 
(2) the costs of producing electric energy by the oil or gas 
generation being displaced. 
PURCHASE AUTHORITY 
40 use 795b. 
SEC. 4. For purposes of economy and efficiency and conserving oil 
and natural gas, whenever practicable and consistent with other laws 
applicable to any agency and whenever consistent with the require-
ments applicable to any agency, such agency shall endeavor to 
purchase electric power from any non-Federal person for consump-
tion in Alaska by any facility of such agency where such purchase— 
(1) will result in a savings to other consumers of electric energy 
sold by such non-Federal person without increasing the cost 
incurred by any agency for electric energy, or 
(2) will result in a cost savings to such agency of electric energy 
without increasing costs to other consumers of electric energy, 
taking into account the remaining useful life of any facility available 
to such agency to generate electric energy for such agency and the 
cost of maintaining such facility on a standby basis. 
SAVINGS PROVISIONS 
40 use 795c. 
SEC. 5. (a) Nothing in this Act shall be construed as requiring or 
authorizing any department, agency, or instrumentality of the 
United States to construct any new electric generating facility or 
related facility, to modify any existing facility, or to employ reserve 
or standby equipment in order to accommodate the needs of any non-
Federal person for electric energy. 
(b) Revenues received by any agency pursuant to section 3 of this 
Act from the sale of electric energy generated from any facility of 
such agency shall be available to the agency without fiscal year 
limitation for the purchase of fuel and for operation, maintenance, 
and other costs associated with such facility. 
(c) The authorities of this Act shall be exercised for such periods 
and pursuant to such terms and conditions as the agency concerned 
deems necessary consistent with the provisions of this Act and 
consistent with its responsibilities under other provisions of law. 
(d) All contracts or other agreements executed under this Act, 
notwithstanding any other provision of law, shall be negotiated and 
executed by the agency selling or purchasing electric energy under 
this Act. 
REPORTS 
Submittal to 
SEC. 6. (a) The Secretary of Energy shall biennially report to the 
conrnlttees^^ 
Senate Committee on Energy and Natural Resources and the Com-
40^u^ 795d. 
mittee on Interstate and Foreign Commerce and the Committee on 
Interior and Insular Affairs of the House of Representatives on the 
actions taken pursuant to this Act by any agency. The report shall 
include an analysis of the costs of electric energy purchased or sold as 
provided in this Act, the revenues and profits generated from such 
sales, and the oil and natural gas conserved as a result of any such 
PUBLIC LAW 96-571—DEC. 22, 1980 
94 STAT. 3343 
purchases and sales. Such agencies shall cooperate with the Secre-
tary of Energy in providing information for the purpose of such 
report. 
(b) The Secretary of Energy shall conduct a study to determine study. 
whether and to what extent the provisions of section 3 of this Act 
should be extended to apply to electric power generated by coal-fired 
Federal electric generating facilities located in the United States 
outside of Alaska. The study shall identify such facilities, their 
capacity and purpose and other pertinent information. The Secretary Submittal to 
shall provide by October 1,1981, a report of such study, together with congressional 
appropriate recommendations for legislation, to the Committee on '
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Interstate and Foreign Commerce and the Committee on Interior and 
Insular Affairs of 
the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States 
Senate. 
Approved December 22, 1980. 
LEGISLATIVE HISTORY: 
SENATE REPORT No. 96-966 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Sept. 25, considered and passed Senate. 
Dec. 5, considered and passed House, amended. 
Dec. 12, Senate agreed to House amendments.