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<br />revi sed CRSP marketing cri teri a were pub 1 i shed in <br />the FEDERAL REGISTER. As with the original <br />criteria, no reference appears in the 1978 text as <br />to the permanency of the Southern Division <br />allocation. In fact, the 1978 revised criteria <br />specifica lly state that "these cri teri a sha 11 <br />. <br /> <br />supersede dod,replace the 'General Power Marketing <br />Criteria' for sale of power from CRSP approved <br />March 1962, and continue to be subject to change <br />upon reasonable notice ... and opportunity for <br />comment by interested parties." As in 1962, t.he <br />United States reserved the right to adapt to <br />chaoging circumstances in the sale of Federal <br />hydropower., This administrati ve reservation of <br />the right to modify marketing criteria to deal <br />with changing circumstances is still appropriate <br />today. Since no provisions in CRSP sales <br />contracts with Southern Division customers require <br />the perpetual renewal of allocations <br />notwithstanding the expiration of the contracts' <br />terms, Western believes that it has the <br />flexibility to respond to differing market <br />conditions. As the United States Supreme Court <br />has observed, an administrative agency must be <br />gi ven amp 1 e 1 ati tude to adapt its rlJ 1 es and <br /> <br />87 <br /> <br />-- <br />