
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC795a]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 17A--ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP
 
Sec. 795a. Sale of electric energy; contracting authority; 
        required determinations; pricing policies
        
    (a) For the purposes of conserving oil and natural gas and better 
utilizing coal, any agency is authorized to sell to any non-Federal 
person, and to enter into contracts for the sale to any non-Federal 
person of, electric energy generated by coal-fired electric generating 
facilities of such agency in Alaska without regard to any provision of 
law which precludes such sale where such energy is available from other 
local sources, if the agency determines that--
        (1) such energy is generated by an existing coal-fired 
    generating facility;
        (2) such energy is surplus to such agency's needs and is in 
    excess of the electric energy specifically generated for consumption 
    by, or necessary to serve the requirements of, any department, 
    agency, or instrumentality of the United States;
        (3) the costs to the ultimate consumers of such energy is less 
    than the costs which, in the absence of such sale, would be incurred 
    by such consumers for the purchase of an equivalent amount of 
    energy; and
        (4) such sale will result in a reduction in the total 
    consumption of oil or natural gas by the non-Federal person 
    purchasing such electric energy below that consumption which would 
    occur in the absence of such sale.

    (b) Federally generated electric energy sold by an agency as 
provided in subsection (a) of this section shall be priced to recover 
the fuel costs and variable operation and maintenance costs of the 
Federal generating facility concerned which costs are attributable to 
such 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.

(Pub. L. 96-571, Sec. 3, Dec. 22, 1980, 94 Stat. 3341.)

                  Section Referred to in Other Sections

    This section is referred to in section 795c of this title.
