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<br />law. Preference cannot, therefore, be given to the IOU whether or not <br />it is acting on bQha1f of the municipalities it serves. <br /> <br />(c) The Flood Control Act of 1944. Two commenters <br />asserted that the language of section 5 of the Flood Control Act of <br />i <br /> <br />1944, 16 U.S.C. 825s, which requires!that Federal power be marketed <br />, <br /> <br />"so as to encourage the most widespread use thereof," requires the <br />allocation of power to all eligible entities. The phrase applies to <br />the transmission and sale of "[e]lec~ric power and energy generated at <br />reservoir projects under the control i of the Department of the Army," <br />The SLCA Integrated Projects power and energy are not generated at <br />Army reservoir projects, so this phrase does not apply directly to the <br />marketing of this power and energy as a matter of law. Western does, <br />as a matter of policy, give effect t6 the phrase in developing power <br />marketing programs. The phrase, how~ver, is susceptible to so many <br />di fferent i nterpretati ons that it "permits the. exerci se of the wi dest <br />administrative discretion by the Secretary. It does not supply 'law <br />to apply. "' Santa Clara, 572 F.2d a~ 668. In 1985, this analysis was <br />affirmed by Federal courts in the 4th and 11th circuits in <br />! <br /> <br />Electricities I, at pages 7-8, and Greenwood, 764 F.2d at 1465. <br /> <br />(d) Vested Rights! The IOU states that Western says <br />existing preference customers have nQ vested right to Federal power <br />and then effectively recognizes suchja vested right. Western does <br />i <br /> <br />give more weight in allocating powerito those currently receiving <br />Federal power in order to avoid inflicting undue economic hardship <br /> <br />18! <br />