§ 591 - Purchase of electricity

CHAPTER 5— PROPERTY MANAGEMENT › SUBCHAPTER V— OPERATION OF BUILDINGS AND RELATED ACTIVITIES

(a) A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including—

(a)(1) state utility commission rulings; and

(a)(2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.

(b)(1) This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).

(b)(2) This section does not preclude the Secretary of a military department from—

(b)(2)(A) entering into a contract under section 2394 [Fn: See References in Text note below.] of title 10; or

(b)(2)(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 59140:490 note.Pub. L. 100–202, § 101(b) [title VIII, § 8093], Dec. 22, 1987, 101 Stat. 1329–79.

In subsection (b)(1), the words “section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287)” are substituted for “42 U.S.C. 8287” in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress.

Editorial Notes

References in Text

Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.