WSP00898

• File Number: 8220.100.50
• Description: CRSP - Power Marketing
• Basin: Colorado Mainstem
• Date: 9/11/1984
• Author: USDOI/WAPA
• Title: Revised Proposed General Power Marketing Criteria and Allocation Criteria
• Water Supply Pro - Doc Type: Publication

to the preference issue at hand is the fact that
section 5(a) of the 1980 Northwest legislation
explicitly provides that all BPA sales shall be
subject to the preference and priority provisions
of the Bonneville Project Act of 1937, including
sections 4 and 5 thereof. 16 U.S.C. section 839

.

(c). Section 4(c) of the 1937 Bonneville Project

Act specifically provides that an allocation of

power to a public body shall not be denied without

the allowance of a reasonable time period for the

prospective purchaser to become a utility. 16
U.S.C. 832c(c). Western is not persuaded that the
passage of the Northwest legislation diluted the
validity of preference in the sale of CRSP power
to public utilities.

UtaD Power and Light and the cities, counties and
towns it represents find further fault with

Western's proposed marketing criteria on
constitutional grounds. More specifically, the
criteria allegedly violate c~nstitutional
guarantees of due process, equal protection, the

right to travel, and the rights of the States of

Utah and Wyoming and their citizens under the

Tenth Amendment. UP&L also argues that the

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