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<br />functions, purposes, and responsibility to be assigned among the <br />Secretary's staff. Nothing in the language of section 102 or in the <br />legislative history of the DOE Act suggests that any amendment to the <br />Federal preference laws was intended to result from the listing of <br />purposes. <br /> <br />In any event, these marketing criteria are consistent with the <br />congressional purposes of sections 102(4), (14), and (16). The <br />criteria contain incentives for prospective customers to develop <br />renewable resources and conservation programs and penalties for <br />failure to implement C&RE programs in accordance with established <br />Gui del i nes and Acceptance Criteri a. . The "product i ve capacity of <br />private enterprise" is and will continue to be employed to transmit <br />SLCA Integrated Projects energy and also, when economical, for <br />purchases of firming capacity and energy. The energy needs of many <br />rural and urban residents will be recognized and cared for through the <br />allocations of power to preference entities such as municipalities and <br />rural electric cooperatives. <br /> <br />(b) The Reclamation Project Act of 1939. An IOU <br />commenter asserted that, under the preference provisions of 43 U.S.C. <br />48Sh(c), the 143 municipalities on behalf of which the IOU applied for <br />power were entitled to preference and to equal treatment with other <br />preference entities applying for power although none of the <br />municipalities owned its own distribution system or had previously <br />assumed any utility responsibilities. The IOU also asserted that <br /> <br />14 <br />