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<br />a. Comments: <br /> <br />A number of comments were received ~egarding the issue of preference <br />to be given in the sale of Federal ~ower. Most commended western for <br />its' discussion of the subject. Four supplied additional comments <br />stating that: <br />The revised preference criteria violate certain provisions <br />of the Department of Energy Organiz~tion Act (DOE Act) found at <br />section 102(4), (14), and (16) (42 U.~.C. 7112); <br /> <br />Municipalities without distribution systems are or are not <br />(the comments are divided on this issue) entitled to preference under <br />section 9(c) of the Reclamation Project Act of 1939, 43 U.S.C. <br />485h(c), and Western is required tOla110cate power to all entities <br />entitled to preference under said law. <br /> <br />Section 5 of the Flood qontro1 Act of 1944, 16 U.S.C. <br />825s, requires Western to allocate ~ower to an IOU and/or 143 <br /> <br />, <br />additional municipalities on behalf lof whom it also applied for an <br />allocation of CRSP power; <br /> <br />The preference criteria 'were prejudged and predetermined <br />by then-Secretary of Energy Hodel before the IOU had an opportunity to <br /> <br />comment; <br /> <br />10 <br />