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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />,I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />OJ2339 <br /> <br />The operational requirements needed to satisfy 43 CFR Part 431 is non-discretionary. <br /> <br />Power generation responsibilities are discussed in ~ 431.4, which states in pertinent part: <br /> <br />"Reclamation shall release water and make available generating capacity and <br />generated energy in such quantities and at such times as are necessary for the <br />delivery of the capacity and energy to which the contractors are entitled. " <br /> <br />The administration and management of the Colorado River Dam Fund is found in ~ 431.7, <br />which states in pertinent part: <br /> <br />"Reclamation is responsible for the repayment of the Project and the administration of <br />the Colorado River Dam Fund and the Lower basin Development Fund. <br /> <br />(a) All receipts to the Project shall be deposited in the Fund along with <br />electric service revenues deposited by Western and shall be made <br />available without further appropriation for: <br /> <br />(1) Defraying the costs of operation (including purchase of <br />supplementary energy to meet temporary deficiencies in firm <br />energy which the Secretary of Energy is obligated by contract to <br />supply), maintenance and replacement of all Project facilities, <br />including energy replacement necessary to assure continuous <br />operations. " <br /> <br />Since these receipts are the major source of funding for the operation and maintenance of the <br />Boulder Canyon Project, the operational requirements needed to generate these receipts and <br />revenues are non-discretionary. <br /> <br />The Hoover Power Plant Act of 1984: <br /> <br />Section 106 of this act authorized the reimbursement of funds advanced by non-Federal <br />purchasers for the uprating program as a repayment requirement of the Boulder Canyon <br />Project. The non-Federal entities provided the United States with $165 million in up-front <br />funding to implement a major construction program to increase generation capacity at Hoover <br />Powerplant. The methodology for the repayment of the funds is described in 10 CFR Part <br />904.12 which reads: <br /> <br />"(a) Funds advanced to the Secretary for the Uprating Program and costs <br />reasonably incurred by the Contractor in advancing such funds, as approved by <br />Western, shall be returned to the Contractor advancing the funds during the <br />contract period through credits on that contractor's power bills. Appropriate <br />credits will be developed and applied pursuant to the terms and conditions <br /> <br />33 <br />