Page:United States Statutes at Large Volume 116 Part 2.djvu/507

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1289 (1) FEDERAL AGENCY,—The term "federal agency" means a department, agency, or instrumentality of the Federal Government. (2) FEDERALLY GENERATED ELECTRIC ENERGY.— The term "federally generated electric energy" means any electric power generated by an electric generating facility owned and operated by a federal agency. (3) NON-FEDERAL PERSON.— The term "non-federal person" means a corporation, cooperative, municipality, or other nonfederal entity that generates electric energy through a facility other than a federally owned electric generating facility. § 17902. Sale of electric energy (a) IN GENERAL. —To conserve oil and natural gas and better utilize coal, the head of a federal agency may sell, or enter into a contract to sell, to any non-federal person electric energy generated by coal-fired electric generating facilities of that agency in Alaska without regard to any provision of law that precludes the sale when the electric energy to be sold is available from other local sources, if the head of the federal agency determines that— (1) the electric energy to be sold is generated by an existing coal-fired generating facility; (2) the electric energy to be sold is surplus to the federal agency's needs and is in excess of the electric energy specificedly generated for consumption by, or necessary to serve the requirements of, another federal agency; (3) the cost to the ultimate consumers of the electric energy to be sold is less than the cost that, in the absence of the sale, would be incurred by those consumers for the purchase of an equivalent amount of energy; and (4) the sale will reduce the total consumption of oil or natural gas by the non-federal person purchasing the electric energy below the level of consumption that would occur in the absence of the sale. (b) PRICING POLICIES. — Federally generated electric energy sold by the head of a federal agency under subsection (a) shall be priced to recover the fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale, plus an amount equal to one-half the difference between— (1) the costs of producing the electric energy by coal generation; and (2) the costs of producing electric energy by the oil or gas generation being displaced. § 17903. Purchase of electric power For purposes of economy, efficiency, and conserving oil and natural gas, the head of a federal agency, when practicable and consistent with other laws and requirements applicable to that agency, shall endeavor to purchase electric energy from a non-federal person for consumption in Alaska by a facility of that agency when (taking into account the remaining useful life of any facility available to that agency to generate electric energy for that agency and the cost of maintaining the facility on a standby basis) the purchase will result in—

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