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<br />. <br /> <br />Utah Power & Light also comments that virtually <br />all of the preference clause precedent cited by <br />the public power community existed prior to the <br />creation of the Department of Energy. Western <br />agrees that much preference clause precedent does <br />antedate 1977. Older precedent often exists when <br />laws have been in'effect for decades, especially <br />when that precedent is longstanding and <br />consistent. Ho~ver, this does not mean that <br />preference clause precedent lost its value upon <br />passage of the DOE Act. <br /> <br />To the contrary, courts have recognized the <br />continuing applicability of the standards set <br />forth in reclamation ,law, even after the passage <br />of the DOE Act. Illustrative is the following <br />excerpt relating specifically to CRSP power from <br />the case of Coldrado River Energy Distributors <br />Association v. Uewis, 516 F. Supp. 926, 929 <br />(D.D.C. 1981): <br /> <br />In 1977 the Bureau of Reclamation's power <br />marketing functions were transferred to the <br />Secretary of Energy, acting through a new <br />power marketing administration under section <br />302(a)(1) & (3) of the DOE Act. 42 U.S.C. <br />section 7152( a)( 1) .& (3). The Act <br /> <br />16 <br />