2021 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle VI - Miscellaneous
Chapter 179 - Alaska Federal-Civilian Energy Efficiency Swap
Sec. 17902 - Sale of electric energy

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Citation 40 U.S.C. § 17902 (2021)
Section Name §17902. Sale of electric energy
Section Text

(a) In General.—To conserve oil and natural gas and better utilize coal, the head of a federal agency may sell, or enter into a contract to sell, to any non-federal person electric energy generated by coal-fired electric generating facilities of that agency in Alaska without regard to any provision of law that precludes the sale when the electric energy to be sold is available from other local sources, if the head of the federal agency determines that—

(1) the electric energy to be sold is generated by an existing coal-fired generating facility;

(2) the electric energy to be sold is surplus to the federal agency's needs and is in excess of the electric energy specifically generated for consumption by, or necessary to serve the requirements of, another federal agency;

(3) the cost to the ultimate consumers of the electric energy to be sold is less than the cost that, in the absence of the sale, would be incurred by those consumers for the purchase of an equivalent amount of energy; and

(4) the sale will reduce the total consumption of oil or natural gas by the non-federal person purchasing the electric energy below the level of consumption that would occur in the absence of the sale.


(b) Pricing Policies.—Federally generated electric energy sold by the head of a federal agency under subsection (a) shall be priced to recover the fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale, plus an amount equal to one-half the difference between—

(1) the costs of producing the electric energy by coal generation; and

(2) the costs of producing electric energy by the oil or gas generation being displaced.

Source Credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1289.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
17902 40:795a. Pub. L. 96–571, §3, Dec. 22, 1980, 94 Stat. 3341.

In subsection (a), the words "to be sold" are added for clarity. In clause (4), the words "below the level of consumption that" are substituted for "below that consumption which" for clarity.

In subsection (b), before clause (1), the words "fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale" are substituted for "fuel costs and variable operation and maintenance costs of the Federal generating facility concerned which costs are attributable to such sale" for clarity.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE VI - MISCELLANEOUS
CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP
Sec. 17902 - Sale of electric energy
Contains section 17902
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 94 Stat. 3341
116 Stat. 1289
Public Law References Public Law 96-571, Public Law 107-217
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