ML20053E918
ML20053E918 | |
Person / Time | |
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Site: | Clinch River |
Issue date: | 05/26/1982 |
From: | Brewington P, Rolf W, Willis W ENERGY, DEPT. OF, PROJECT MANAGEMENT CORP., TENNESSEE VALLEY AUTHORITY |
To: | Harold Denton Office of Nuclear Reactor Regulation |
References | |
NUDOCS 8206100207 | |
Download: ML20053E918 (70) | |
Text
{{#Wiki_filter:@ Departrnent of Energy Oak Ridge Operations P.O. Box U Oak Ridge, Tennessee 37830 May 26, 1982 Mr. Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Mr. Denton:
LICENSE AMENDMENT - CLINCH RIVER BREEDER REACTOR PLANT - DOCKET NO. 50-537 Pursuant to the Atomic Energy Act of 1954, as amended, and the Commission's Rules ano Regulations thereunder, the United States Departnent of Energy, Project Management Corporation (?MC), and the Tennessee Valley Authority (TVA) hereby amend the above referenced application for a Construction Permit and a Class 104(b) Operating License necessary for the construction and operation of the nation's first large-scale Liquid Metal Fast Breeder Reactor (LMFBR) Power Plant proposed for location on a site on the Clinch River at Oak Ridge, Roane County,. Tennessee. The amendments forwarded herewith are necessary to provide updated information, and consist of thirty-one (31) copies of Amendment 2 to Statement of General Information pursuant to Section 50.33 of the Nuclear Regulatory Commission's Rules and Regulations. It is requested that all future correspondence with respect to l this application be addressed to the following: Mr. John R. Longenecker, Manager Licensing and Environmental Coordination NE 530 GTN i US DOE Washington, DC 20545 i I I U 8206100207 820526 l PDR ADOCK 05000537 A PDR L
Mr. Harold Denton May 26, 1982 It is requested that copies of all correspondence with respect to this application also be sent to the following: Mr. Percy Brewington, Jr., Acting Director Clinch River Breeder Reactor Plant Project U. S. Department of Energy Oak Ridge Ope.ations Post Office Box U Oak Ridge, Tennessee 37830 Mr. William F. Rolf General Manager Project Management Corporation Post Office Box U Oak Ridge, Tennessee 37830 Mr. Hugh G. Parris Manager of Power Tennessee Valley Authority 819 Power Building Chattanooga, Tennessee 37401 Sincerely,
~ , /
Percy e i n g't o n , Jr , Acting Director CRBRP roject, U.S. O fr Z William F. Rolf, Genera Manager Project Management Corporation 4 M William F. Willis, General Manager i Tennessee Valley Authority i PS: 82:204 l l
Enclosures:
1 As stated cc: Service List I Standard Distribution Licensing Distribution l 1 l t
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l STATE OF TENNESSEE )
) ss:
COUNTY OF ANDERSON ) i On the f4 day of et- , 1982, Percy Brewington, Jr. personally appeared before me an f st being duly sworn, stated that he is the Acting Director of the Clinch River Breeder Reactor Plant Project, DOE, and that he is duly authorized to execute and file the foregoing amendment in the name and on behalf of DOE and that the statements made in said amendments are true to the best of his knowledge and belief. 4 i Afb . otary Public My Commission expires: My Commission Expires April 28,1984 L l t I l
1 1 STATE OF TENNESSEE )
) ss:
COUNTY OF ANDERSON ) On the 1,4 y of 4,. - ,1982, William F. Rolf personally appeared before me d, first being duly sworn, stated that he is General Manager of Project Management Corporation and that he is duly authorized to execute and file the foregoing I amendments in the name and on behalf of Project Management Corporation i and that the statements in said amendments are true to the best of his knowledge and belief. i l 1 . otary Public My Commission expires: My Commission Expires April 28.1984 _ _ _ . _ __ __ .. - . . . _- . _ _ ~ _ _ _ _ . . _ _ _ ___. _ _ _ _ . . . _ _ _ _ . .
4 i t i I STATE OF TENNESSEE )
) ss:
COUNTY OF KN0X On the 8f2'/dayof_ N[dce , 1982, William Willis ! / personally appeared before me, and first being sworn, stated that- > he is General Manager of the Tennessee Valley Authority and that he 1 is duly authorized to execute and file the foregoing amendment in 1 4 the name and on behalf of the Tennessee Valley Authority and that the i statements in said amendments are true to the best of his knowledge and belief, t l i i i i t N1) i y. id W ' Notary Public My Commission expires: [~.M7-[f i 1 i 4 4 4 e ., _ , _ , , , , . , , , ,,,,,m__,. . . . _ , , _
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; THE STATEMENT OF GENERAL INFORMATION PURSUANT TO 10 CFR ! SUBSECTION 50.33 0F THE NUCLEAR REGULATORY COMMISSION'S REGULATIONS CONTAINED IN THIS AMENDMENT COMPLETELY SUPERSEDES THE STATEMENT OF GENERAL INFORMATION SUBMITTED BY THE APPLICANTS ON MAY 6,1976 AND EXHIBITS B, E, AND G THERETO. PLEASE REMOVE ALL COPIES OF THE STATEMENT OF GENERAL INFORMATION DATED MAY 6, 1976 AND EXHIBITS B, E, I
AND G THERETO FROM THE APPLICATION AND SUBSTITUTE IN LIEU THEREOF THE i STATEMENT OF GENERAL INFORMATION DATED MAY 26, 1982 AND EXHIBITS B, E, ! AND G THERETO. 4 l
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I i CLINCH RIVER BREEDER REACTOR PLANT Oak Ridge, Tennessee T r i i Statement of General Information Pursuant to 10 C.F.R. 50.33 of the Nuclear Regulatory Commission's Regulations e i i l U. S. Department of Energy Project Management Corporation l Tennessee Valley Authority i i
(a)-(b) Names And Addresses of Acolicants U. S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 Project Management Corporation P. O. Box "U" Oak Ridge, TN 37830 Tennessee Valley Authority Office of the General Manager Knoxville, TN 37902 (c) Dampriotion of Business of Aoolicants Pursuant to Modification No. 1 to Agreement Number AT(49-18)-12 Among the United States of America as Represented by The Department of Energy (DOE) and the Tennessee Valley Authority (TV A) and Commonwealth Edison Company (CE) and Project Management Corporation (PMC) (hereinaf ter the "Proj ect Agreement"), DOE has the overall responsibility for managing the design, construction, and operation of the nation's first large-scale Liquid Metal Fast Breeder Reactor (LHFBR) Demonstration Plant, the Clinch River Breeder Reactor Plant (CRBRP). The Project Agreement, a copy of which is' attached as Exhibit A, provides that DOE will manage the project through an integrated project management organization, the Clinch River Breeder Reactor Plant (CRBRP) Project Office. The CRBRP Project Office is comprised of personnel from DOE, FHC, and the utility industry, all under the direction of DOE. t l The United States Department of Energy (DOE) was established under the Department of Energy Organization Act of 1977 (Public Law 95-91, 95th Congress; 91 Stat. 565) and succeeded among other functions to the functions of the Energy Research and
j l Development Administration. It is responsible for the effective ' management of the energy functions of the Federal Government and for ; providing a mechanism through which a coordinated national energy policy can be formulated and implemented to deal with short , mid , and long-term energy problems of the nation. DOE is specifically authorized to carry out a balanced and comprehensive energy research and cevelopment program including (A) assessing the requirements for energy research and development, (B) developing priorities to meet those requirements, and (C) undertaking programs for the optional development of the various forms of energy production and conservation. Proj ect Management Corporation (PMC) is a nonprofit corporation which, under the terms of the Project Agreement, is responsible for administering the interests of the utility industry with regard to the CRBRP. PMC is charged with~(1) continuously monitoring the project, (2) preparing and disseminating project information, (3) arranging for the participation of utility personnel in the project, (4) investing and disbursing funds received from the Breeder Reactor Corporation (BRC) for the CRBRP and (5) exercising other rights provided for in the Froject Agreement that are designed to protect the utility industry's interests in the Project, including PMC's rights'(i) of approval over any proposed major changes in Project scope or deviation from the Ref erence Design; (ii) of access to Project information and data; and (iii) to counsel with DOE and Project contractors on Project matters. The Project Agreement also provides that PMC will assist DOE in administering the CRBRP contracts and in preparing and submitting applications for permits, licenses, or other authorizations necessary for the CRBRP. 9
The Tennessee Valley Authority is a corporate agency of the Federal Government created by the TVA Act of 1933 (48 Stat. 58, as amended, 16 U.S.C. Subsection 831-831dd (1976; Supp. IV, 1980), a copy of which is attached as Exhibit B. Its objective is the development of the resources of the Tennessee Valley . and adjacent areas. As part of its program of regional development, TVA is engaged in the generation, transmission and sale of electricity to other Federal agencies, to industry, and to municipalities and cooperatives in the Tennessee Valley and adjoining area. The area for which TVA is the principal source of power contains approximately 80,000 square miles in parts of seven southeastern states, and has a population of over 6 million persons. TVA's electric requirements are supplied from 50 hydro plants, 12 coal-fired plants, 4 gas turbine installations, and 2 nuclear power plants. Twelve of the hydro plants are owned by subsidiaries of the Aluminum Company of America and eight are Corps of Engineers projects in the Cumberland River basin, the output of which is integrated with and utilized through the TVA system. The TVA system rated capacity, as of December 31, 1981, was 31,057,460 KWe. The Project Agreement provides that the CRBRP site and plant will be owned by the United States of America, in the custody of DOE. The Project Agreement also provides that the specific allocation of responsibilities with regard to plant operation and maintenance will be the subject of a separate agreement between DOE and TVA, which will be effective when concurred in by PMC. In addition, the Project Agreement provides that TVA will also assist or join in applications for all permits and applications which may be required for the construction and operation of the plant. l l l
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_a_ (d) Organization-of-Aoolicants The Department of Energy (DOE) is an independent executive agency of the United States government established by the Department of Energy Organization Act of 1977 (Public Law 95-91, 95th Cong.; 91 Stat. 565). The agency headquarters and the office of the Secretary of DOE are located at 1000: Independence Avenue, SW, Washington, D. C. DOE is not owned, controlled, or dominated by an alien, foreign corporation, or foreign government. DOE makes this application, and except insofar as DOE applies with PMC and TVA as co-applicants in accordance with the Project Agreement, on its own behalf, and not as an agent or representative of another person. The names and addresses of the principal officials of DOE, all of whom are citizens of the Unitea States of America, are as follows: Name Position Address James B. Edwards Secretary S-1 Forrestal U. S.s DOE -
.1000 Independence , Avenue SW -Washington, D.C. 20585 W. Kenneth Davis Deputy Secretary S-2 Forrestal U. S. DOE 1000 Independence Avenue SW Washington, D.C. 20585 Guy Fiske Under Secretary S-3 Forrestal U. S. DOE 1000 Independence Avenue SW Washington, D. C. 20585 Shelby T. Brewer Assistant Secretary NE-1 Forrestal For Nuclear Energy U. S. DOE 1000 Independence Avenue SW Washington, D. C. 20585 Gordon L. Chipman, Jr. Deputy Assistant NE-50 Germantown Secretary for U. S. DOE Nuclear Reactor Washington, D. C. 20545 Programs
Percy Brewington, Jr. Acting Director, Oak Rioge Operations P. O. Box U Clinch River Oak Ridge, TN 37830 Breeder Plant Reactor Project Office Project Management Corporation (PMC) is a nonprofit corpo-ration organized and existing under and by virtue of the laws of the District of Columbia. The principal office is located at P. O. Box "U", Oak Ridge, Tennessee, 37830. PMC is not owned, con-trolled, or dominated by an alien, foreign corporation, or foreign government. PMC makes this application, and except insofar as PMC applies with DOE and TVA as co-applicants in accordance with the Project Agreement, on its own behalf, and not as agent or representative of another person. The names and addresses of its directors and principal officers, all of whom are citizens of the United States of America, are as follows: - Name Position Address John D. Selby Director 212 West Michigan Avenue Jackson, MI 49201 Cordell Reed Director P.O. Box 767 Chicago, Illinois 60690 John G. Holmes, Jr. Director 546 Chestnut Street Tower I) Vice Chairman Of Chattanooga, TN 37401 The Board, Treasurer Wallace B. Behnke Director, P.O. Box 767 Chairman of Chicago, Illinois 60690 Board Charles E. Winn Director 546 Chestnut Street Tower I] Chattanooga, TN 37401 Raymond P. Bachert Secretary P.O. Box 767 Chicago, Illinois 60690 James J. Wise Comptroller P.O. Box "U" - Oak Ridge, TN 37830 William F. Rolf General Manager P.O. B o x " U Oak Ridge, TN 37830
TV A is a corporate agency of the Federal Government created by the TVA Act of 1933 (48 Stat. 58, as amended, 16 U.S.C. Subsection 831-831dd (1976; Supp. IV, 1980)). TVA generates and sells power in parts of Tennessee, Kentucky, Alabama, Mississippi, North Carolina, Georgia, and Virginia. The offices of the TVA Board of Directors and General Manager are located at Knoxville, Tennessee. TV A is not owned, controlled or dominated by an alien, a foreign corporation or a foreign government. TVA makes this application and except insofar as TV A applies with DOE and PMC as co-applicants in accordance with the Project Agreement, on its own behalf, and not as an agent or representative of another person. The names and addresses of the directors and principal officers, all of whom are citizens of the United States of America, are as follows: Hans Position Address Charles Dean, Jr. Chairman 400 West Summit Hill Dr. Knoxville, TN 37902 S. David Freeman Director " " " " Richard M. Freeman Director " General Manager " " " " William F. Willis Herbert S. Sanger,Jr. General Counse1 " " " " Billy J. Bond Manager of A214 National Fertilizer Agricultural Development Center
& Chemical Muscle Shoals, Alabama Dev elopment 35660 George H. Kimmons Manager of 400 Wer' Summit Hill Dr.
Engineering Knoxvii. TN 37902 Design and Construction Hugh G. Parris Manager of Power 500A Chestnut Street Tower II Chattanooga, TN 37401
) (e) License-Aoolied-For Pursuant to Section 106 of Public Law 91-273, as amended by Public Law 92-84 and by Public Law 94-187, and in implementation of Phase V of the AEC's Cooperative Power Reactor Demonstration Program, application is made for a class 104(b) license and construction permit, pursuant to Section 104(b) of the Atomic Energy Act and Part 50 of the Regulattans of the Commission, for a term of 40 years from the date of issuance. As delineated more fully in (a) above, the facility will be used for large-scale demonstration of LMFBR technology. No other licenses have been issued or applied for in connection with this facility. ( f) Financial-Qualifications The CRBRP will be designed, constructed, and operated in accordance with the Project Agreement. The Project Agreement 1 implements the authorization granted by Public Law 91-273, as amended by Public Law 92-84 and by Public Law 94-187 The terms of the Project Agreement contemplate that the CRBRP will be jointly financed by (1) a fixed contribution from private, public, municipal and cooperatively owned utilities in the amount of approximately $250,000,000, (including financial contributions from TV A and Commonwealth Edison Company) in accordance with an agreement between PMC and Breeder Reactor Corporation (BRC) and an agreement between the ERDA (now DOE) and Breeder Reactor Corporation (BRC) and (2) direct DOE financial support. The Project Agreement also provides that DOE will assume a continuing obligation ta seek and to endeavor to maintain such legislative authorization and appropriations as may be required to enable the continued effective conduct of Project Activities. The appropriations authorized by Congress for DOE's participation in CRBRP, the Project Agreement, and the related BRC/ DOE and BRC/PMC agreements therefore provide the basis for showing that the j applicants possess or have reasonable assurance of obtaining the funds necessary for the estimated construction costs.
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; In accordance with the intent of 10 CFR Part 50, Appendix C, the estimated construction costs, including fuel costs, and i source of construction funds for the CRBRP are set forth as follows:
- 1) Estima ted -Construction -Costs The major construction cost components are estimated to be:
i Cost (Million Dollars) (a) total nuclear production plant costs 1/ . . . . . . . . . . $1874.3 (b) balance of plant 1/ . . . . . . . . $ 501.8 ) (c) nuclear fuel inventory costs for first core 2/ . . . . . . .$ 127.1 Total Plant Investment $2,503 2 i dev elopment . . . . . . . . . . . . $ 818.1 operating . . . . . . . . . . . . . <124.8) i Total Plant Cost Estimate . . . . . $3196.5 1/ The land upon which the proposed plant is to be located and two independent 161-KY transmission links are being made available to i the CRBR Project by TVA at no cost to the Project. 2/ Section 4.1.2 of the Project Agreement provides that ERDA (now DOE) will furnish all source and special nuclear material for the CRBRP. l
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_g. a l The total plant cost estimate is presently under review. At such time as the review is completed, updated information will be supplied. Basic Data Name of Plant - Clinch River Breeder Reactor Plant i 1 Gross Capacity - 380 Mw(e) Reactor Type - Liquid Metal Fast Breeder Reactor Location - In Oak" Ridge, Roane County, Tennessee 1 , Type of Cooling - Meenanical draft cooling towers t l Cost Basis - Construction Start, (costs estimated on the basis of 1974 dollars escalated at 8% compounded) i Design and Construction ~ Period t Month, year NSSS Contract Signed - November 1973; effective January 2, 1973 f i i Month, year of criticality - Februarv r -1990 Length of work week - five eight hour days with double shifting and weekends as required. l l The assessment of the total estimated cost for CRBRP is set forth in the attached Summary Schedule (exhibit G) . _ . . _ _ _ . . . _ . . ~ . , _ . , _ _ . _ _ . . _ , _ _ . . _ , . _ . _ _ . _ _ _ , - . _ - - . . -
- 2) Source-Of-Construction-Funds (a) Utility Contributions - Fixed contributions from private, public, municipal and cooperatively owned utilities in the amount of more than $250,000,000 have been arranged through BRC.
Copies of the SRC/PMC agreement and the BRC/ERDA (now DOE) agreement are attached as Exhibits C and D, respectively. A statement, as of December 31, 1981, from BRC to PMC listing the utilities that have executed and delivered a Utility Contribution Agreement acceptable to BRC, and setting forth the amount of each pledge is attached as Exhibit E. In addition, a typical contribution agreement, along with an explanatory affidavit executed by the General Counsel of PMC, is attached as Exhibit F. Under the Project Agreement PMC will reimburse DOE in an annual amount not to exceed the lesser of: (1) the total funds available to PMC, less reserves PMC is allowed to maintain under s the Project Agreement, or (2) 50% of the CRBRP appropriation in the DOE budget for that year. (b) DOE Funds Under the Project Agreement - In addition l to providing funds from its annual appropriations, DOE will, through
- utilization of its f acilities or other funds available to it, perform or cause to be performed, other Project Activites as set forth in those categories in paragraph 4.1.1 of the Agreement. DOE will further provide necessary source and special nuclear material in the form of completed fuel assemblies, as more fully described in paragraph 4.1.2 of the Proj ect Agreement. Finally, if at any time it should reasonably appear that the resources for the Project are, or within the foreseeable future will be, insufficient to permit the f
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effective conduct of Project activities, DOE will endeavor to obtain additional legislative authorization (not necessarily limited to presently authorized authority or forms of assistance) and funds to enable continued effective conduct of the Project. In the event that the necessary legislative authority or funding is not obtained for the CRBHP Project as presently structured, and the project is terminated on that account, the Project Agreement provides that DOE may take over the CRBRP, or parts thereof as the case may be, and proceed with the design, construction, and operation of the plant or use and dispose of such property, including the plant or parts thereof, as the case may be. Unless the plant is purchased by TV A, DOE shall decommission the plant. (g) Comoletion-Dates The earliest and latest estimated completion dates for the CRBRP are: Earliest Estimated Completion Date Januarv.-1989 Latest Estimated Completion Date J anuarv r-1992 (h) Restricted-Data No Restricted Data, as defined in 10 CFR Subsection 50.2 are included in the material now being furnished. In the event that Restricted Data are included in any supplement or amendment to the application, the Restricted Data will be appropriately separated from any unclassified information. Pursuant to 10 CFR Subsection 50.37, DOE, PMC, and TVA agree that they will not permit any individual to have access to Restricted Data until the Civil Service Commission shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security.
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EXHIBITS A. Modification No. 1 to Agreement Among the United States of America as represented by the United States Atomic Energy Commission and the Tennessee Valley Authority and Commonwealth Edison Copany and Project Management Corporation B. Tennessee Valley Authority Act C. Modification No. 1 to Contract between Project Management Corporation and Breeder Reantor Corporation D. Modification No. 1 to Contract between the United States of America as represented by the United States Atomic Energy Commission and Breeder Reactor Corporation E. Membership List of Utilities comprising the Breeder Reactor Corporation and their respective contributions thereto F. Sample Utility Contribution Agreement G. CRBRP Revised Cost Estimate and Cash Flow , O
Erg 3 TENNESSEE VALLEY AUTHORITY ACT (48 Stat. 58 (Stay 18.1933), as amended by 49 Stat.1075 ( August 31,1935),53 Stat.1083 (July 26,1939). 54 Sta. 611 tJune 26,1940),55 Stat. 599 (July 18,1941),55 Stat. 775 (November 21, IS41) 66 Stat. 330 (July 3,1952). C6 Stat. 591 (July 12,1952),68 Stat. 968 ( August 30.1954). 73 Stat. 280 (August 6,1959p. 73 Stat. 338 ( August 14. 1959). So Stat. 346 ( August 12.1966),82 Stat. 885 (September 28.1968),84 Stat. 915 (October 14,1970), 86 Stat. 206 iJune 6,1972). 88 Stat. 39o (July 25,1974). 89 Stat. 750 INovember 29,1975),90 Stat. 376. 377,380 ( April 21, 1976), 90 Stat.1258 (September 14,1976). P.L. 96-97 (October 31, 1979): 16 U.S.C. secs. 8311831c, 831d-831h 1, 831i 831ddj AN ACT To improve the navigability and to provide for the flood control of the Tennessee River: to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley: to provide for the national defense by the creation of a corporation for the opera. tion of Government properties at and near Afuscle Shoals in the State of Alabama, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of the national defense and for agricultural and industrial development, and to im-prove navigation in the Tennessee River and to control the destructive flood waters in the Tennessee River and Mississippi River Basins, there is hereby created a body corporate by the name of r.he "Tennes,ee Valley .;uthority" (l.ereinafter referred to 2s the "Corporatian"). The board of directors first appointed shall be deemed the incorporators, and the incorpora-tion shall be held to have been effected from the date of the first meeting of the board. This Act may be cited as the " Tennessee Valley Authority Act of 1933." [48 Stat. 58-59,16 U. S. C. sec. 831. ]* Sec. 2. (a) The board of directors of the Corporation (hereinafter referred to as the
" board") shall be composed of three members, to be appointed by the President, by and_with the advice and consent of the Senate. In appinting the members of the board, the President shall designate the chairman. All other officials, agents, and employees shall be designated and selected by the board.
(b) The terms of office of the members first taking office after the approval of this Act shall expire as designated by the President at the time of nomination, one at the end of the third year, one at the end of the sixth year, and one at the end of the nin:h year, after the date of approval of this Act. A successor to a member of the board shall be appointed in the same manner as the original members and shall have a term of office expiring nine years from the date of the expiration of the term for which his predecessor was appointed. (c) Any member appointed to fill s vacancy in the board occurring prior to the expiration of the term for which his padecesse,r was appointed shall be appointed for the remainder of such term. (d) Vacancies in the board so long as there shall be two members in office shall not impair the powers of the board to execute the functions of the Corporation, and two of the members in office shall constitute a quorum for the transaction of the business of the board. l (e) Each of the members of the board shall be a citizen of the United States, and shall l receive a salary at the rate of $10,000" a year, to be paid by the Corporation as current ex-I penses. Each member of the board, in addition to his salary, shall be permitted to occupy is l his residence one of the dwelling houses owned by the Government in the vicinity of Muscle l Shoals, Alabama, the same to be designated by the President of the United States. Membus I of the board shall be reimbursed by the Corporation for actual expenses (including traveling and subsistence expenses) incurred by them in the performance of the duties vested in the board by this Act.'" No member of said board shall, during his continuance in office, be ! 'For the purpose of identifying the sections which appeared in the original act of 1933 and those which have been brought into the act by amendment, references have been placed at the end of the sections. For examp'e the reference at the end of section 1, 48 Stat. 58-59, indicates that this section wtll be found in volume 48 of the Statutes at Large on pages 58 to 59.
"In 1979, increased by administrative action of the President iExecutive Order No.12165) pursuant to P.L. 94-82 and as restricted by P.L. 96-86 to $55.387.50 in the case of the chairman and to $52.750 in the case of the other members of the board. '"Niodified by 63 Stat.166. as amended. so that members of Board receive a per diem allowance in lieu of their actual ex penses.
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engiged in eny oth:r busintss, but each m:mber sh:ll dzvote himself to tha work of thi Cor-poration. (f) No director shall have financial interest in any public utility corporation engaged in the business of distributing and selling power to the public nor in any corporation engaged in the manufacture, selling, or distribution of fixed nitrogen or fertilizer, or any ingredients thereof, nor shall any member have any interest in any business that may be adversely affected by the success of the Corporation as a producer of concentrated fertilizers or as a producer of electric power. (g) The board shall direct the exercise of all the powers of the Corporation. (h) All members of the board shall be persons who profesa a belief in the feasibility and , wisdom of this Act. [48 Stat. 59,16 U. S. C. sec. 831a ] Sec. 3. The board shall without regard to the provisions of Civil Service laws applicable to officers and employees of the United States, appoint such managers, assistant managers, of-
- ficers, employees, attorneys, and agents, as are necessary for the transaction of its business, fix their compensation, define their duties, and provide a system of organization to fix responsibility and promote efficiency Any appointee of the board may be removed in the discretion of the board. No regular officer or employee of the Corporation shall receive a salary in excess of that received by the members of the board.
All contracts to which the Corporation is a party and which require the employment of laborers and mechanics in the construction, alteration, maintenance, or repair of buildings, dams, locks, or other projects shall contain a provision that not less than the prevailing rate of wages for work of a similar nature prevailing in the vicinity shall be paid to such laborers or mechanics. In the event any dispute arises as to what are the prevailing rates of wages, the question shall be referred to the Secretary of Labor for determination, and his decision shall be final. In the determination of such prevailing rate or rates, due regard shall be given to those rates which have been secured through collective agreement by representatives of employers and employees. Where such work as is described in the two. preceding paragraphs is done directly by the Corporation the prevailing rate of wages shall be paid in the same manner as though such work had been let by contract. Insofar as applicable, the benefits of the Act entitled "An Act to provide compensation for
. employees of the United States suffering injuries while in the performance of their duties, and .for other purposes," approved September 7,1916, as amended, shall extend to persons given employment under the provisions of this Act. [48 Stat. 59 60, as amended by 86 Stat. 206,16 U. S. C. sec. 831b.]
Sec. 4. Except as otherwise specifically provided in this Act, the Corporation-(a) Shall have succession in its corporate name. (b) May sue and be sued in its corporate narre. (c) May adopt and use a corporate seal, which shall be judicially noticed. (d) May make contracts, as herein authorized. (e) May adopt, amend, and repeal bylaws. (f) May purchase or lease and hold such real and personal property as it deems necessary or convenient in the transaction of its business, and may dispose of any such personal proper-ty held by it. . The board shall select a treasurer and as many assistant treasurers as it deems proper: Po-vided. That any member of said board may be removed from office at any time by a concur-rent resolution of the Senate and the House of Representatives. (g) Shall have such powers as may be necessary or appropriate for the exercise of the powers herein specifically conferred upon the Corporation. (h) Shall have power in the name of the United States of America to exercise the right of eminent domain, and in the purchase of any real estate or the acquisition of real estate by condemnation poceedings, the title to such real estate shall be taken in the name of the United States of America, and thereupon all such real estate shall be entrusted to the Cor-poration as the agent of the United States to accomplish the purposes of this Act. (i) Shall have power to acquire real estate for the construction of dams, reservoirs, transmission lines, power houses, and other structures, and navigation projects at any point along the Tennessee River, or any of its tributaries, and in the event that the owner or owners of such property shall fail and refuse to sell to the Corporation at a price deemed fair and reasonable by the board, then the Corporation may proceed to exercise the right of eminent domain, and to condemn all property that it deems necessary for carrying out the purposes of this Act, and all such condemnation proceedings shall be had pursuant to the pro-2
visions and requirements hereinafter specified, with reference to any and all condemnation proceedings: Provided, That nothing contained herein or elsewhere in this Act shall be con-strued to deprive the Corporation of the rights conferred by the Act of February 26,1931 (46 Stat.1422, ch. 307, secs.1 to 5, inclusive), as now compiled in section 258a to 25Se, inclusive, of Title 40 of the United States Code. (j) Shall have power to construct such dams, and reservoirs, in the Tennessee River and its tributaries, as in conjunction with Wilson Dam, and Norris, Wheeler, and Pickwick Landing Dams, now under construction, will provide a nine-foot channel in the said river and maintain a water supply for the same, from Knoxville to its mouth, and will best serve to promote navigation on the Tennessee River and its tributaries and control destructive flood waters in the Tennessee and Mississippi River drainage basins; and shall have power to acquire or con-struct power houses, power structures, transmission lines, navigation projects, and incidental works in the Tennessee River and its tributaries, and to unite the various power installations into one or more systems by transmission lines. The directors of the Authority are hereby directed to report to Congress their recommendations not later than April 1,1936, for the unified development of the Tennessee River system. (k) Shallhave power in the name of the United States-(a) to convey by deed, lease, or otherwise, any real pr'o perty in the possession of or under ' the control of the Corporation to any person or persons, for the purpose of recreation or use as a summer residence, or for the operation on such premises of pleasure resorts for boating, fishing, bathing, or any similar purpose; (b) to convey by deed, lease, or otherwise, the possession and control of any such real property to any corporation, partnership, person, or persons for the purpose of erecting thereon docks and buildings for shipping purposes or the manufacture or storage thereon of products for the purpose of trriing or shipping in transportatien: Provihd, That no transfer authorized herein in (b) shall be made without the approval of Congress: And provided fur-ther, That said Corporation, without further action of Congress, shall have power to convey by deed, lease, or otherwise, to the Ingalls Shipbuilding Corporation, a tract or tracts of land at or near Decatur, Alabama, and to the Commercial Barge Lines, Inc., a tract or tracts of land at or near Guntersville, Alabama; (c) to transfer any part of the possession and control of the real estate now in possessio.n of and under the control of said Corporation to any other department, agency, or instrumen-tality of the United States: Provided, however, That no land shall be conveyed, leased, or transferred, upon which there is located any permanent dam, hydroelectric power plant, or munitions plan heretofore or hereafter built by or for the United States or for the Authority, except that this prohibition shall not apply to the transfer of Nitrate Plant Numbered 1, at Muscle Shoals, Alabama, or to Waco Quarry: And provided further. That no transfer authorized herein in (a) or (c), except leases for terms of less than twenty years, shall be made without the approval of the President of the United States, if the property to be con- , veyed exceeds $500in value; and ' (d) to convey by warranty deed, or otherwise, lands, easements, and rights-of way to States, counties, municipalities, school districts, railroad companies, telephone, telegraph, water..and power companies, where any such conveyance is necessary in order to replace any such lands, easement , or rights-of.way to be flooded or- destroyed as the result of the constmetion of any dam or reservoir now under construction by the Corporation, or subse - , quently authorized by Congress, and easements and rights-of way upon which are located transmission or distribution lines. The Corporation shall also have power to convey or lease Nitrate Plant Numbered 1, at Muscle Shoals, Alabama, ar.d Waco Quarry, with the approval of the War Department
- and the President.
(1) Shall have power to advise and cooperate in the readjustment af the population dis-placed by the construction of dams, the acquisition of reservoir areas, che protection of water-sheds, the acquisition of rights of way, and other necessary acquisitions of land, in order to effectuate the porposes of the Act; and may cooperate with Federal, State, and local agencies to that end. (48 Stat. 60-61, as amended by 49 Stat.1075,1076,1080, 55 Stat. 599, and 86 Stat. 206,16 U. S. C. sec. 831c.] , Sec. 5. 'I he board is hereby authorized-(a) To contract with commercial producers for the production of such fertilizers or fertilizer materials as may be needed in the Government's program of development and introduction in ercess of that produced by Government plants. Such contracts may provide either for
'The Department of War was designated the Department of the Army and the title of Sectmry of War was changed to Secretary of the Army by the Act of July 26.19C. 61 Stat. 501.
3
I outright purchase of materials by the board or only for the payment of carrying charges on special materials manufactured at the board's request for its program. (b) To arrange with farmers and farm organizations for large-scale practical use of the new forms of fertilizers under conditions permitting an accurate measure of the economic return
, they produce.
(c) To cooperate with National, State, district, or county experimental stations or l l, demonstration farms, with farmers, landowners, and associations of farmers or landowners, j for the use of new forms of fertilizer or fertilizer practices during the initial or experimental
; period of their introduction, and for promoting the prevention of soil erosion by the use of fer-tilizers and otherwise.
(d) The board in order to improve and cheapen the production of fertilizer is authorized to manufacture and sell fixed nitrogen, fertilizer, and fertilizer ingredients at Muscle Shoals by the employment of existing facilities, by modernizing existing plants, or by any other process or processes that in its judgment shall appear wise and profitable for the fixation of at-i mospheric nitrogen or the cheapening of the production of fertilizer. i (e) Under the authority of this Act the board may make donations or sales of the product
' of the plant or plants operated by it to be fairly and equitably distributed through the agency of county demonstration agents, agricultural colleges, or otherwise as the b'6ard may direct, for experimentation, education, and introduction of the use of such products in cooperation with practical farmers so as to obtain information as to the value, effect, and best methods of j their use.
(f) The board is authorized to make alterations, modifications, or improvements in existing plants and facilities, and to construct new plants. (g) In the event it is not used for the fixation of nitrogen for agricultural purposes or leased, then the board shall raaintain la standby :ondition nitrate plant numbered 2, x its equivalent for the fixation of atmospheric nitrogen, for the production of explosives in the event of war or a national emergency, until the Congress shall by joint resolution release the board from this obligation, and if any part thereof be used by the board for the manufacture of phosphoric acid or potash, the balance of nitrate plant numbered 2 shall be kept in standby condition. th) To establish, maintain, and operate laboratories and experimental plants, and to under-take experiments for the purpose of enabling the Corporation to furnish nitrogen products for military purposes, and nitrogen and other fertilizer products for agricultural purposes in the most economical manner and at the highest standard of efficiency. (i) To request the assistance and advice of any officer, agent, or employee of any executive j department or of any independent office of the United States, to enable the Corporation the
! better to carry out its power successfully, and as far as practicable shall utilize the services of ! such officers, agents, and employees, and the President shall, if in his opinion, the public in-terest, service, or economy so require, direct that such assistance, advice, and service be rendered to the Corporation, and any individual that may be by the President directed to render such assistance, advice, and service shall be thereafter subject to the orders, rules, and regulations of the board: Provided, That any invention or discovery made by virtue of and in-cidental to such service by an employee of the Government of the United States serving under this section, or by any employee of the Corporation, together with any patents which may be granted thereon, shall be the sole and exclusive property of the Corporation, which is hereby authorized to grant such licenses thereunder as shall be authorized by the board: Pro-vided further, That the board may pay to such inventor such sum from the income from sale of license as it may deem proper.
'l (j) Upon the requisition of the Secretary of War
- or the Secretary of the Navy to manufac-ture for and sell at cost to the United States explosives or their nitrogenous content.
- (k) Upon the requisition of the Secretary of War the Corporation shall allot and deliver without charge to the War Department so much power as shall be necessary in the judgment of said Department for use in operation of all locks, lifts, or other facilities in aid of naviga-tion.
(1) To produce, distribute, and sell electric power, as herein particularly specified.
- [1
! (m) Repealed.
j (n) The President is authorized, within twelve months after the passage of this Act, to lease to any responsible farm organization or to any corporation organized by it nitrate plant numbered 2 and Waco Quarry, together with the railroad connecting said quarr; with nitrate i plant numbered 2, for a term not exceeding fifty years at a rental of not less than $1 per year, i I
- Title changed to Secretary of the Army by 61 Stat. 501.
4
but such authority shall be subject to the express condition that tha 1:ssee sh:ll usa snid property during the term of said lease exclusively for the manufacture of fertilizer and fer-tilizer ingredients to be used only in the manufacture of fertilizer by said lessee and sold for use as fertilizer. The said lessee shall covenant to keep said property in first-class condition, but the lessee shall be authorized to modernize said plant numbered 2 by the installation of such machinery as may be necessary, and is authorized to amortize the cost of said machinery and improvements over the term of said lease or any part thereof. Said lease shall also provide that the board shall sell to the lessee power for the operation of said plant at the same schedule of prices that it charges all other customers for power of the same class and quantity. Said lease shall also provide that, if the said lessee does not desire to buy power of the publicly owned plant, it shall have the right to purchase its power for the operation of said plant of the Alabama Power "ompany or any other publicly or privately owned corpora-tion engaged in the generation and sale of electric power, and in such case the lease shall pro-vide further that the said lessee shall have a free right of way to build a transmission line over Government property to said plant paying the actual expenses and damages, if any, in-curred by the Corporation on account of such line. Said lease shall also provide that the said lessee shall covenant that during the term of said lease the said lessee shall not enter into any illegal monopoly, combination, or trust with any privately owned corporation engaged in the manufacture, production, and sale of fertilizer with the object or effect of increasing the price of ferHWer to the farmer. [48 Stat. 61-63, as amended by 49 Stat.1076,66 Stat. 334,73 Stat. 285, and P.L. 94-412, sec. 501(d),16 U. S. C. sec. 831d.'] . Sec. 6. In the appointment of officials and the selection of employees for said Corporation, and in the promotion of any such employees or officials, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. Any member of said board who is found by the President of the United States to be guilty of a violation of this secticn shall be removed from office by the President of the United States, and any appointee of said board who is found by the board to be guilty of a violation of this section shall be removed from office by said board. [48 Stat. 63,16 U. S. C. sec. 831e.] Sec. 7. In order to enable the Corporation to exercise the powers and duties vested in it by this Act-(a) The exclusive use, possession, and control of the United States nitrate plants numbered 1 and 2, induding steam plants, located, respectively, at Sheffield, Alabama, and Muscle Shoals, Alabama, together with all real estate and buildings connected therewith, all tools and machinery, equipment, accessories, and materials belonging thereto, and all laboratories and plants used as auxiliaries thereto; the fixed nitrogen research laboratory, the Waco limestone quarry, in Alabama, and Dam Numbered 2, located at Muscle Shoals, its power house, and all hydroelectric and operating appurtenances (except the locks), and all machinery, lands, and buildings in connection therewith, and all appurtenances thereof, and all other property to be acquired by the Corporation in its own name or in the name of the . United States of America, are hereby entrusted to the Corporation for the purposes of this , i Act. l (b) The President of the United States is authorized to provide for the transfer to the Cor- - poration of the use, possession, and control of such other real or personal property of the United States as he may from time to time deem necessary and proper for the purposes of the Corporation as herein stated. [48 Stat. 63,16 U. S. C..sec. 331f.] Sec. 8. (a) The Corporation shall maintain its principal office in the immediate vicinity of Muscle Shoals, Alabama. The Corporation shall be held to be an inhabitant and resident of the northern judicial district of Alabama within the meaning of the laws of the United States relating to the venua of civil suits. (b) The Corporatwn shall at all times maintain complete and accurate books of accounts.
- (c) Each men,ber of the board, before entering upon the duties of his office, shall subscribe i to an oath (or affirmation) to support the Constitution of the United States and to faithfully I
and impartially perform the duties imposed upon him by this Act. [48 Stat. 63,16 U. S. C. sec. 831g.] Sec. 9. (a) The board shall file with the President and with the Congress, in March of each year, a financial statement and a complete report as to the business of the Corporation cover-ing the preceding ' governmental fiscal year. This report shall include an itemized statement of the cost of power at each power station. the total number of employees and the names, salaries, and duties of those receiving compensation a: the rate of more than $1,500 a year.
' Subsection (ni of section 5 is omitted from the IJnited States Code as having been executed.
5 l l
; (b) All purchases and contracts for supplies or services, except for personal services, made by the Corporation, shall be made after advertising, in such manner and at such times suffi-ciently in advance of opening bids, as the board shall determine to be adequate to insure notice and opportunity for competition: Provided. That advertisement shall not be required when, (1) an emergency requires immediate delivery of the supplies or performance of the ser-vices; or (2) repair parts, accessories, supplemental equipment, or services are required for supplies or services previously furnished or contracted for; or (3) the aggregate amount in-volved in any purchase of supplies or procurement of services does not exceed $10,000; in which cases such purchases of supplies or procurement of services may be made in the open market in the manner common among businessmen: Provided further, That in comparing bids and in making awards the board may consider such factors as relative quality and adaptabili- , ty of supplies or services, the bidder's financial responsibility, skill, experience, record of integrity in dealing, ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications.
l ' The Comptroller General of the United States shall audit the transactions of the Corpora-tion at such times as he shall determine, but not less frequently than once each governmental fiscal year, with personnel of his selection. In such connection he and his representatives shall have free and open access to all papers, books, records, files, accounts, plants, warehouses, of-fices, and all other things, property, and places belonging to or under the control of or used or employed by the Corporation, and shall be afforded full facilities for counting all cash and verifying transactions with and balances in depositories. He shall make report of each such
, audit in quadruplicate, one copy for the President of the United States, one for the chairman of the board, one for public inspection at the principal office of the Corporation, and the other to be retained by him for the uses of the Congress: Provided, That such report shall not be made until the Corporation shall have had reasonable opportunity to examine the exceptions and criticitn.s of the Comptruller General or the General Ac.:oundng Office, to point out er-rors therein, explain or answer the same, and to file a statement which shall be submitted by the Comptroller General with his report. The expenses for each such audit shall be paid from any appropriation or appropriations for the General Accounting Office, and such part of such 1 expenses as may be allocated to the cost of generating, transmitting, and distributing electric energy shall be reimbursed promptly by the Corporation as billed by the Comptroller General.
Nothing in this Act shall be construed to relieve the Treasurer or other accountable officers or employees of the Corporation from compliance with the provisions of existing law requiring the rendition of accounts for adjustment and settlement pursuant to section 236 Revised
, Statutes, as amended by section 305 of the Budget and Accounting Act, 1921 (42 Stat. 24),
l and accounts for all receipts and disbursements by or for the Corporation shall be rendered accordingly: Provided, That, subject only to the provisions of the Tennessee Valley Authority Act of 1933, as amended, the Corporation is authorized to make such expenditures and to enter into such contracts, agreements, and arrangements, upon such terms and conditions and in such manner as it may deem necessary, including the final settlement of all claims and litigation by or against the Corporation; and, notwithstanding the provisions of any other law l governing the expenditure of public funds, the General Accounting Office, in the settlement l of the accounts of the Treasurer or other accountable officer or employee of the Corporation, I shall not disallow credit for, nor withhold funds because of, any expenditure which the board ! shall determine to have been necessary to carry out the provisions of said Act, i The Corporation shall determine its own system of administrative accounts and the forms l and contents of its contracts and other business documents except as otherwise provided in ! the Tennessee Valley Authority Act of 1933, as amended. (48 Stat. 63 64, as amended by 49 Stat.1080,55 Stat. 775,68 Stat. 968,88 Stat. 390, and 90 Stat. 377,16 U. S. C. sec. 831h.] Sec. 9a. The board is hereby directed in the operation of any dam or reservoir in its posses-sion and control to regulate the stream flow primarily for the purposes of promoting naviga-l . tion and controlling floods. So far as may be consistent with such purposes, the board is authorized to provide and operate facilities for the generation of electric energy at any such dam for the use of the Corporation and for the use of the United States or any agency l thereof, and the board is further authorized, whenever an opportunity is afforded, to provide I and operate facilities for the generation of electric energy in order to avoid the waste of water l power, to transmit and market such power as in this act provided, and thereby, so far as may be practicable, to assist in liquidating the cost or aid in the maintenance of the projects of the Authority. [49 Stat.1076,16 U. S. C. sec. 831h 1.] Sec.10. The board is hereby empowered and authorized to sell the surplus power not used in its operations, and for operation of locks and other works generated by it, to States, coun-ties, municipalities, corporations, partnerships, or individuals, according to the policies i 6 i l r .- . _ .... _
=- g --- - .e,------- ,, .,- - , -- -
hereinafter set fcrth; and to carry out said authority, the board is authorized to enter into contracts for such sale for a term not exceeding twenty years, and in the sale of such current by the board it shall give preference to States, counties, municipalities, and cooperative organizations of citizens or farmers, not organized or doing business for profit, but primarily for the purpose of supplying electricity to its own citizens or members: Provided. That all contracts made with private companies or individuals for the sale of power, which power is to be resold for a profit, shall contain a provision authorizing the board to cancel said contract upon five years' notice in writing, if the board needs said power to supply the demands of States, counties, or municipalities. In order to promote and encourage the fullest possible use of electric light and power on farms within reasonable distance of any of its transmission lines the board in its discretion shall have power to construct transmission lines to farms and small villages that are not otherwise supplied with electricity at reasonable rates, and to make such rules and regulations governing such sale and distribution of such electric power as in its judgment may be just and equitable: Provided further, That the board is hereby authorized and directed to make studies, experiments, and determinations to promote the wider and better use of electric power for agricultural and domestic use, or for small or local . industries, and it may cooperate with State governments, or their subdivisions or agencies, with educational or research institutions, and with cooperatives or other organizations, in the application of electric power to the fuller and better balanced development of the resources of the region: Provided further, That the board is authorized to include in any contract.for the sale of power such terms and conditions, including resale rate schedules, and to provide for such rules and regulations as in its judgment may be necessary or desirable for carrying out the purposes of this Act, and in case the purchaser shall fail to comply with any such terms and conditions, or violate any such rules and regulations, said contract may provide that it shall be voidable at the election cf the board: Provided further, That in order to supply farms and small villages with electric power directly as contemplated by this section, the board in its discretion shall have power to acquire existing electric facilities used in serving such farms and small villages: And provided further, That the terms " States," " counties," and
" municipalities" as used in this Act shall be construed to include the public agencies of any of them unless the context requires a different construction. [48 Stat. 64, as amended by 49 Stat.1076,16 U. S. C. sec. 8311.] .
Sec.11. It is hereby declared to be the policy of the Government so far as practical to distribute and sell the surplus power generated at 51uscle Shoals equitably among the States, counties, and municipalities within transmission distance. This policy is further declared to be that the projects herein provided for shall be considered primarily as for the benefit of the people of the section as a whole and particularly the domestic and rural consumers to whom , the power can economically be made available. and accordingly that sale to and use by in-dustry shall be a secondary purpese, to be utui principally to secure a sufficiently high load factor and revenue returns which will permit domestic and rural use at the lowest possi-ble rates and in such manner as to encourage increased domestic and rural use of electricity. It is further hereby declared to be the policy of the Government te utilize the 51uscle Shoals properties so far as may be necessary to improve, increase, and cheapen the production of fer-tilizer and fertilizer ingredients by carrying out the provisions of this Act. [48 Stat. 64 65,16
- U. S. C. sec. 831j. ]
Sec.12. In order to place the board upon a fair basis for making such contracts and for receiving bids for the sale of such power, it is hereby expressly authorized, either from ap-propriations made by Congress or from funds secured from the sale of such power, or from funds secured by the sale of bonds hereafter provided for, to construct, lease, purchase, or authorize the construction of transmission lines within transmission distance from the place where generated, and to interconnect with other systems. The board is also authorized to . lease to any person, persons, or corporation the use of any transmission line owned by the Government and operated by the board, but no such lease shall be made that in any way in-terferes with the use of such transmission line by the board: Provided, That if any State, county, municipality, or other public or cooperative organization of citizens or farmers, not organized or doing business for profit but primarily for the purpose of supplying electricity to its own citizens or members, or any two or more of such municipalities or organizations, shall construct or agree to construct and maintain a properly designed and built transmission line to the Government reservation upon which is located a Government generating plant, or to a main transmission line owned by the Government or leased by the board and under the con-trol of the board, the board is hereby authorized and directed to contract with such State, county, municipality, or other organization, or two or more of them, for the sale of electricity for a term not exceeding thirty years; and in any such case the board shall give to such 7
_ -- _. _ - = _- _ State, county, municipality, or other organization ample time to fully comply with any local law now in existence or hereafter enacted providing for the necessary legal authority for such State, county, municipality, or other organization to contract with the board for such power. Provided further, That all contracts entered into between the Corporation and any municipali-ty or other political subdividion or cooperative organization shall provide that the electric power shall be sold and distributed to the ultimate consumer without discrimination as be-tween consumers of the same class, and such contract shall be voidable at the election of the board if a discriminatory rate, rebate, or other special concession is made or given to any con-sumer or user by the municipality or other political subdivision or cooperative organization: And provided further, That as to any surplus power not so sold as above provided to States, counties, municipalities, or other said organizations, before the board shall sell the same to any person or corporation engaged in the distribution and resale of electricity for profit, it shall require said person or corporation to agree that any resale of such electric power by said person or corporation shall be made to the ultimate consumer of such electric power at prices that shall not exceed a schedule fixed by the board from time to time as reasonable, just, and fair; and in case of any such sale, if an amount is charged the ultimate consumer which is in ; excess of the price so deemed to be just, raasonable, and fair by the board, the contract for such sale between the board and such distributor of electricity shall be voidable at the elec-3 tion of the board: And provided further, That the board is hereby authorized to enter into
} '
contracts with other power systems for the mutual exchange of unused excess power upon suitable terms, for the conservation of stored water, and as an emergency or breakdown relief. [48 Stat. 65 66,16 U. S. C. sec. 831k.] Sec.12a. In order (1) to facilitate the disposition of the surplus power of the Corporation according to the policies set forth in this Act; (2) to give effect to the priority herein accorded to States, counties, municipalities, and nonprofit organizations in the purchase of such power by enablin g, them to arquire facilities for the distribution of ruch puer; and (3) s.t the s;.me time to preserve existing distribution facilities as going concerns and avoid duplication of such facilities, the board is authorized to advise and cooperate with and assist, by extending credit for a period of not exceeding five years to, States, counties, municipalities and non-profit organizations situated within transmission distance from any dam where such power is generated by the Corporation in acquiring, improving, and operating (a) existing distribution facilities and incidental works, including generating plants; and (b) interconnecting transmis-
, sion lines; or in acquiring any interest in such facilities, incidental works, and lines. [49 Stat.
1076-1077,16 U. S. C. sec. 831k 1.l Sec.13. In order to render financial assistance to those States and local governments in which the power operations of the Corporation are carried on and in which the Corporation i has acquired properties previously subject to State and local taxation, the board is authorized and directed to pay to said States, and the counties therein, for each fiscal year, beginning July 1,1940, the following percentages of the gross proceeds derived from the sale of power by the Corporation for the preceding fiscal year as hereinafter provided, together with such l additional amounts as may be payable pursuant to the provisions hereinafter set forth, said payments to cor.stitute a charge against the power operations of the Corporation: For the fiscal year (beginning July 1)1940,10 per centum: 1941,9 per centum: 1942,8 per centum; j 1943, 7 1/2 per centum: 1944, 7 per centum: 1945, 6-1/2 per centum: 1946, 6 per centum; l 1947, 5 1/2 per centum: 1948 and each fiscal year thereafter, 5 per centum.* "Grcss proceeds", as used in this section, is defined as the total gross proceeds derived by the Cor-l ' poration from the sale of power for the preceding fiscal year, excluding power used by the Corporation or sold or delivered to any other department or aucy of the Government of the United States for any purpose other than the resale thereof. The payments herein authorized are in lieu of taxation, and the Corporation, its property, franchises and income, are hereby expressly exempted from taxation in any manner or form by any State, county, municipality, or any subdivision or district thereof. l The payment for each fiscal year shall be apportioned among said States in the following
, manner: One-half of said payment shall be apportioned by paying to each State the percen-tage thereof which the gross proceeds of the power sales by the Corporation within said State during the preceding fiscal year bears to the total gross proceeds from all power sales by the Corporation during the preceding fiscal year; the remaining one-half of said payment shall be apportioned by paying to each State the percentage thereof which the book value of the 'Section 114tal of PA 94 274 directed TVA to make payments in lieu of taxes for the fiscal year transition period from July 1,1976, through September 30.1976, on such bases and in a .nanner which is consistent. to the fullest ex-tant practicable, with the payments authonzed and made for the immediately preceding fiscal year and to be made for the fiscal year immediately following, m accordance with the applicable provisions of Section 13 of the TVA Act.
3
power property held by the Corporation within said State at the end of the preceding fiscal year bears to the total book value of all such property held by the Corporation on the same date. The book value of power property shallinclude that portion of the investment allocated or estimated to be allocable to power: Provided, That the minimum annual payment to each State (including payments to counties therein) shall not be less than an amount equal to the two-year average of the State and local ad valorem property taxes levied against power property purchased and operated by the Corporation in said State and against that portion of reservoir lands related to dams const-acted by or on behalf of the United States Government and held or operated by the Corporation and allocated or estimated to be allocable to power. The said two year average shall be calculated for the last two years during which said proper-ty was privately owned and operated or said land was privately owned: Provided, further, That the minimum annual payment to each State in which the Corporation owns and operates ' power property (including payments to counties therein) shall not be less than $10,000 in any case: Provided further, That the corporation shall pay directly to the respective counties the ; two-year average of county ad valorem property taxes (including taxes levied by taxing districts within the respective counties) upon power property and reservoir lands allocable to power, determined as above provided, and all payments to any such county within a State shall be deducted from the payment otherwise due to such State under the provisions of this section. The determination of the board of the amounts due hereunder to the respective States and counties shall be final. The payments above provided shall in each case be made to the State or county in equal monthly installments beginning not later than July 31,1940. Nothing herein shall be construed to limit the authority of the Corporation in its contracts for the sale of power to municipalities, to permit or provide for the resale of power at rates which may includn an amount to cover ta.wquivalent payments to the muni:ipality in lieu of State, county, and municipal taxes upon any distribution system or property owned by the municipality, or any agency thereof, conditioned upon a proper distribution by the municipali-ty of any amounts collected by it in lieu of State or county taxes upon any such distribution system or property; it being the intention of Congress that either the municipality or the State in which the municipality is situated shall provide for the proper distribution to the State and county of any portion of tax equivalent so colle, ted by the municipality in lieu of State or county taxes upon any such distribution system or property. The Corporation shall, not later than January 1,1945, submit to the Congress a report on the operation of the provisions of this section, including a statement of the distribution to the vririous States and counties hereunder;-the effect of the operation of the provisions of this saction on State and local finances; an appraisal of the benefits of the program of the Cor- . poration to the States and counties receiving payments hereunder, and the effect of such , benefits in increasing taxable values within such States and counties; and such other data, in-formation, and recommendations as may be pertinent to future legislation. [48 Stat. 66, as amended by 54 Stat. 626 627,16 U. S. C. sec. 8311.] Sec.14. The board chall make a thorough investigation as to the present value of Dam Numbered 2, and the steam plants at nitrate plant numbered 1, and nitrate plant numbered 2, and as to the cost of Cove Creek Dam, for the purpose of ascertaining how much of the value - or the cost of said properties shall be allocated and charged up to (1) flood control, (2) naviga-tion, (3) fertilizer, (4) national defense, and (5) the development of power. The findings tnus made by the board, when approved by the President of the United States, shall be final, and such findings shall thereafter be used in all allocation of value for the purpose of keeping the , book value of said properties. In like manner, the cost and book value of any dams, steam plants, or other similar improvements hereafter constructed and turned over to said board for the purpose of control and management shall be ascertained and allocated. The board shall, on or before January 1,1937, file with Congress a statement of its alloca-tion of the value of all such properties turned over to said board, and which have been com-pleted prior to the end of the preceding fiscal year, and shall thereafter in its annual report to Congress file a statement of its allocation of the value of such properties as have been com-pleted during the preceding fiscal year. For the purpose of accumulating data useful to the Congress in the formulation of legislative policy in matters relating to the generation, transmission, and distribution of elec-tric energy and the production of chemicals necessary to national defense and useful in agriculture, and to the Federal Power Commission and other Federal and State agencies, and to the public, the board shall keep complete accounts of its costs of generation, transmission, and distribution of electric energy and shall keep a complete account of the total cost of generating and transmission facilities constructed or otherwise acquired by the Corporation, 9
and of producing such ch:micals, and a description of the major components of such costs according to such uniform system of accounting for public utilities as the Federal Power Com-mission has, and if it have none, then it is hereby empowered and directed to prescribe such uniform system of accounting, together with records of such other physical data and operating statistics of the Authority as may be helpful in determining the actual cost and value of services, and the practices, methods, facilities, equipment, appliances, and standards and sizes, types, location, and geographical and economic integration of plants and systems best suited to promote the public interest, efficiency, and the wider and more economical use of electric energy. Such data shall be reported to the Congress by the board from time to time with appropriate analyses and recommendations, and, so far as practicable, shall be made j- available to the Federal Power Commission and other Federal and State agencies which may be concerned with the administration of legislation relating to the generation, transmission, or distribution of electric energy and chemicals useful to agriculture. It is hereby declared to be the policy of this Act that, in order, as soon as practicable, to make the power projects self supporting and selfliquidating, the surplus power shall be sold at ra'.es which, in the opinion of the board, when applied to the normal capacity of the Authority's power facilities, will produce gross revenues in excess of the cost of production of said power and in addition to the statement of the cost of power at each power station as required by section 9 (a) of the
" Tennessee Valley Act of 1933", the board shall file with each annual report, a statement of the total cost of all power generated by it at all power stations during each year, the average cost of such power per kilowatt hour, the rates at which sold, and to whom sold, and copies of all contracts for the sale of power. [48 Stat. 66, as amended by 49 Stat.1077,16 U. S. C. sec.
831m.] Sec.15. In the construction of any future dam, steam plant, or other facility, to be used in whole or in part for the generation or transmission of electric power the board is hereby authoUed and empowered to issue on the credit of th j United States and to sell senal bonds not exceeding $50,000,000 in amount, having a maturity not more than fifty years from the date of issue thereof, and bearing interest not exceeding 3-1/2 per centum per annum. Said bonds shall be issued and sold in amounts and prices approved by the Secretary of the Treasury, but all such bonds as may be so issued and sold shall have equal rank. None of said bonds shall be sold below par, and no fee, commission, or compensation whatever shall be paid to any pson, firm, or corporation for handling, negotiating the sale, or selling th'e said bonds. All of such bonds so issued and sold shall have all the rights and privileges accorded by law to Panama Canal bonds, authorized by section 8 of the Act of June 28, 1902, chapter 1302, as amended by the Act of December 21,1905 (ch. 3, sec.1,34 Stat. 5), as now compiled in section 743 of title 31 of the United' States Code. All funds derived from the sale of such bonds shall be paid over to the Corporation. [48 Stat. 66-67,16 U. S. C. sec. 831n.] Sec.15a. With the approval of the Secretary of the Treasury, the Corporation is authorized to issue bonds not to exceed in the aggregate $50,000,000 outstanding at any one time, which bonds may be sold by the Corporation to obtain funds to carry out the provisions of section 12a of this Act. Such bonds shall be in such forms and denominations, shall mature within such periods not more than fifty years from the date of their issue, may be redeemable at the option of the Corporation before maturity in such manner as may be stipulated therein, shall bear such rates of interest not exceeding 31/2 per centum per annum, shall be subject to such terms and conditions, shall be issued in such manner and amount, and sold at such t prices, as may be prescribed by the Corporation, with the approval of the Secretary of the Treasury: Provided, That such bonds shall not be sold at such prices or on such terms as to afford an investment yield to the holders in excess of 31/2 per centum per annum. Such bonds shall be fully and unconditionally guaranteed both as to interest and principal by the l United States, and such guaranty shall be expressed on the face thereof, and such bonds shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public l - funds, the investment or deposit of which shall be under the authority or control of the l United States or any officer or officers thereof. In the event that tl e Corporation should not pay upon demand, when due, the principal of, or interest on, such bonds, the Secretary of the Treasury shall pay to the holder the amount thereof, which is hereby authorized to be ap-propriated out of any moneys in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to all the rights of the holders of such bonds. The Secretary of the Treasury, in his discretion, is authorized to purchase any bonds issued hereunder, and for such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds from the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases 10
of the Corporation's bonds hereunder. The Secretary of the Treasury may, at any time, sell any of the bonds of the Corporation acquired by him under this section. All redemptions, pur-chases, and sales by the Secretary of the Treasury of the bonds of the Corporation shall be treated as public-debt transactions of the United States. With the approval of the Secretary of the Treasury, the Corporation shall have power to purchase such bonds in the open market at any time and at any price. No bonds shall be issued hereunder to provide funds or bonds necessary for the performance of any proposed contract negotiated by the Corporation under the authority of section 12a of this Act until the proposed contract shall have been submitted to and approved by the Federal Power Commission. When any such proposed contract shall have been submitted to the said Commission, the matter shall be given precedence and shall be in every way expedited and the Commission's determination of the matter shall be final. The authority of the Corporation to issue bonds hereunder shall expire at the end of five years from the date when this section as amended herein becomes law, except that such bonds may be issued at any time after the expiration of said period to provide bonds or funds - necessary for the performance of any contract entered into by the Corporation, prior to the expiration of said period, under the authority of section 12a of this Act. [49 Stat.1078,16 U. S. C. sec. 831n-1.1 Sec.15b. No bonds shall be issued by the Corporation r.fter the date of enactment of this section under section 15 or section 15a. [53 Stat.1083,16 U. S. C. sec. 831n 2.] Sec.15c. With the approval of the Secretary of the Treasury the Corporation is authorized, after the date of enactment of this section, to issue bonds not to exceed in the aggregate e
$61,500,000. Such bonds may be sold by the Corporation to obtain funds which may be used for the following purposes only:
(1) Not to exceed $46,000,000 may be used for the purchase of electric utility properties of the reunessee Electric Power Company and Southern Tennessee Power Company as contemplated in the contract between the Corporation and the Commonwealth and Southern Corporation and others, dated as of Atay 12,1939. (2) Not to exceed S6,500,000 may be used for the purchase and rehabilitation of electric utility properties of the Alabama Power Company and 511ssissippi Power Company in the following named counties in northern Alabama and northern 51ississippi: The counties of Jackson, Atsdison, Limestone, Lauderdale, Colbert, Lawrence, Storgan, Starshall, Defalb, Cherokee, Cullman, Winston, Franklin, Atarion, and Lamar in northern Alabama, and the counties of Calhoun, Chickasaw, Alonroe, Clay, Lowndes, Oktibbeha, Choctaw, Webster, Noxubee, Winston, Neshoba, and Kemper in northern Alississippi. (3) Not to exceed $3,500,000 may be used for rebuilding, replacing, and repairing elec-tric utility properties purchased by the Corporation in accordance with the foregoing pro-visions of this section. (4) Not to exceed S3,500,000 may be used fo: constructing electric transmission lines, substations, and other electrical facilities necessary to connect the electric utility proper-ties purchased by the Corporation in accordance with the foregoing provisions of this sec-tion with the electric power system of the Corporation. (5) Not to exceed $2,000,000 may be used for making loans under section 12s to States, counties, municipalities, and nonprofit organizations to enable them to purchase any electric utility properties referred to in the contract between the Corporation and the Commonwealth and Southern Corporation and others, dated as of Atay 12,1939, or any electric utility properties of the Alabama Power Company or 5tississippi Power Com-pany in any of the counties in nortl trn / labama or northern Alississippi named in
~
paragraph (2). The Corporation shall file with the President and with the Congress in December of each yeai a financial statement and complete report as to the expenditure of funds derived from the sale of bonds under this section covering the period not corned by any such previous statement or report. Such bonds shall be in such forms and denominations, shall mature within such periods not more than fifty years from the date of their issue, may be redeemable at the op-tion of the Corporation before maturity in such manner as may be stipulated therein, shall bear such rates of interest not exceeding 3-1/2 per centum per annum, shall be subject to such terms and conditions, shall be issued in such manner and amount, and sold at such prices, as may be prescribed by the Corporation with the approval of the Secretary of the Treasury: Provided. That such bonds shall not be sold at such prices or on such terms as to afford an investment yield to the holders in excess of 3-1/2 per centum par annum. Such bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face thereof, and such bonds shall be lawful mvestments, and may be accepted as security for all fiduciary, trust, and public 11
funds, the investment or deposit of which shall be un ?.er the authority or control of the United States or any officer or officers thereof. In the es ent that Ge Corporation should not pay upon demand when due, the principal of, or interest an, such bonds, the Secretarv of the Treasury shall pay to the holder the amount thereof, which is hereby authorized to be ap-propriated out of any moneys in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to all the rights of the holders of such bonds. The Secretary of the Treasury, in his discretion, is authorized to i purchase any bonds issued hereurder, and for such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds from the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of the Corporation's bonds hereunder. The Secretary of the Treasury may, at any time, sell any of the bonds of the Corporation acquired by him under this section. All redemptions, pur-chases, and sales by the Secretary of the Treasury of the bonds of the Corporation shall be treated as public-debt transactions of the United States. With the approval of the Secretary of the Treasury, the Corporation shall have power to purchase such bonds in the open market at any time and at any price. None of the proceeds of the bonds shall be used for the per-formance of any proposed contract negotiated by the Corporation under the authority of sec-i tion 12a of this Act until the proposed contract shall have been submitted to and approved
! by the Federal Power Commission. When any such proposed contract shall have been submit-ted to the said Commission, the matter shall be given precedence and shall be in every way expedited and the Commission's determination of the matter shall be final. The authority of the Corporation to issue bonds under this section shall expire January 1,1941, except that if at the time such authority expires the amount of bonds issued by the Corporation under this section la less than $61,500,000, the Corporation may, subject. to the foregoing provisions of this section, issue, after the expiration of such period, bonds in an amount not in excess of the amount by which the bonds so issued prior to the expiration of such period is less than 561,500,000 for refunding purposes, or, subject to the provisions of paragraph (5) of this sec-tion (limiting the purposes for which loans under section 12a of funds derived from bond pro-ceeds may be made) to provide funds found necessary in the performance of any contract entered into by the Corporation prior to the expiration of such period, under the authority of ~
section 12a. [53 Stat.10831085,16 U. S. C. sec. 831n 3.] Sec.15d. (a) The Corporation is authorized to issue and sell bonds, notes and other evidences of indebtedness (hereinafter collectively referred to as " bonds") in an amount not exceeding $30,000,000,000 outstanding at any one time to assist in financing its power pro-gram and to refund such bonds. The Corporation may, in performing functions authorized by this Act, use the proceeds of such bonds for the construction, acquisition, enlargement, im-provement, or replacement of any plant or othe facility used or to be used for the generation or transmission of electric power (including the portion of any multiple-purpose structure used or to be used for power generation); as may be required in connection with the lease, lease-purchase, or any contract for the power output of any such plant or other facility; and for other purposes incidental thereto. Unless otherwise specifically authorized by Act of Con-gress the Corporation shall make no contracts for the sale or delivery of power which would l have the effect of making the Corporation or its distributors, directly or indirectly, a source of power supply outside the area for which the Corporation or its distributors were the primary source of power supply on July 1,1957, and such additional area extending not more than five miles around the periphery of such area as may be necessary to care for the growth of the Corporation and its distributors within said area: Provided, however, That such addi-tional area shall not in any event increase by more than 21/2 per centum (or two thousand square miles, whichever is the lesser) the area for which the Corporation and its distributors were the primary source of power supply on July 1,1957; And provided further, That no part of such additional area may be in a State not now served by the Corporation or its distributors or in a municipality rece?ving electric service from another source on or after July 1,1957, and no more than five hundred square miles of such additional area may be in any one State now served by the Corporation or its distributors. Nothing in this subsection shall prevent the Corporation or its distributors from supplying electric power to any customer within any area in which the Corporation or its distributors had generally established electric service on July 1,1957, and to which electric service was not being supplied from any other source on the effective date of this Act. Nothing in this subsection shall prevent the Corporation, when economically feasible, from making exchange power arrangements with other power generating organizations with which the Corporation had such arrangements on July 1,1957, nor prevent the Corporation from 12
continuing to supply power to Dyersburg, Tennessee, and Covington, Tennessee, or from entering into contracts to supply or from supplying power to the cities of Paducah, Ken-tucky; Princeton, Kentucky; Glasgow, Kentucky; Fulton, Kentucky; 5!onticello, Kentucky; Hickman, Kentucky; Chickamauga, Georgia; P.inggold, Georgia; Oak Ridge, Tennessee: and South Fulton, Tennessee; or agencies thereof; or from entering into contracts to supply or from supplying power for the Naval Auxiliary Air Station in Lauderdale and Kemper Coun-ties, Stississippi, through the facilities of the East Mississippi Electric Power Association: - Provided further, That nothing herein contained shall prevent the transmission of TVA power to the Atomic Energy Commission or the Department of Defense or any agency thereof, on certification by the President of the United States that an emergency defense need for such power exists. Nothing in this Act shall affect the present rights of the parties in any existing lawsuits involving efforts of towns in the same general area where TVA power is supplied to obtain TVA power. The principal of and interest on said bonds shall be payable solely from the Corporation's net power proceeds as hereinafter defined. Net power proceeds are defined for purposes of this section as the remainder of the Corporation's gross power revenues after deducting the costs of operating, maintaining, and administering its power properties (including costs applicable to that portion of its multiple-purpose properties allocated to power) and payments to States and counties in lieu of taxes but before deducting depreciation accruals or other charges representing the amortization of capital expenditures, plus the net proceeds of the sale or other disposition of any power facility or interest therein, and shall include reserve or other funds created from such sources. Notwithstanding the provisions of section 26 of this Act or any other provision of law, the Corporation may pledge and use its net power proceeds for payment of the principal of and interest on said bonds, for purchase or redemption thereof, and for other p rposes incidaatal thueto, including creation of reserve funds and other funds which may be similarly pledged and used, to such extent and in such manner as it may deem necessary or desirable. The Corporation is authorized to enter into binding covenants with the holders of said bonds-and with the trustee, if any-under any indenture, resolution, or other l agreement entered into in connection with the issuance thereof (any such agreement being hereinafter referred to as a " bond contract") with respect to the establishment of reserve funds and other funds, adequacy of charges for supply of power, application and use of net power proceeds, stipulations concerning the subsequent issuc-a of bonds or the execution of leases or leese purchase agreements relating to power propertis, and such other matters, not inconsistent with this Act, as the Corporation may deem necessary or desirable to enhance the marketability of said bonds. The iss6ance and sale of bonds by the Corporation and the expenditure of bonu proceeds for the purposes specified herein, including the addition of - generating units to existing power producing projects and the construction of additional ower producing projects, shall not be subject to the requirements or limitations of any other 3W (b) Bonds issued by the Corporation hereunder shall not be obligations of, nor shall pay-ment of the principal thereof or interest thereon be guaranteed by, the United States. Pro-ceeds realized by the Corporation from issuance of such bonds and from power operations and the expenditure of such proceeds shall not be subject to apportionment under the provisions of Revised Statutes 3679, as amended i31 U. S. C. 665). (c) Bonds issued by the Corporation under this section shall be negotiable instruments unless otherwise specified therein, shall be in such forms and denominations, shall be sold at such times and in such amounts, shall mature at such time or times not more than fifty years from their respective dates, shall be sold at such prices, shall bear such rates of interest, may be redeemable before maturity at the option of the Corporation in such manner and at such times and redemption premiums, may be entitled to such relative priorities of claim on the
. Corporation's net power proceeds with respect to principal and interest payments, and shall be subject to such other terms and conditions, as the Corporation may determine: Provided.
, That at least fifteen days before selling each issue of bor.ds hereunder (exclusive of any com-l mitment shorter than one year) the Corporation shall advise the Secretary of the Treasury as to the amount, proposed date of sale, matu-ities, terms and conditions and expected rates of interest of the proposed issue in the fullest detail possible and, if the Secretary shall so l request, shall consult with him or his designee thereon, but the sale and issuance of such bonds shall not be subject to approval by the Secretary of the Treasury except as to the time of issuance, and the maximum rates of interest to be borne by the bonds: Provided further, That if the Secretary of the Treasury does not approve a proposed issue of bonds hereunder within seven working days following the date on which he is advised of the proposed sale, the Corporation may issue to the Secretary interim obligations in the amount of the proposed 13
I issue, which the Secretary is directed to purchase. In case the Corporation determines that a proposed issue of bonds hereunder cannot be sold on reasonable terms, it may issue to the Secretary interim obligations which the Secretary is authorized to purchase. Notwithstanding
'I the foregoing provisions of this subsection, obligations issued by the Corporation to the 'I Secretary shall not exceed 5150,000,000 outstanding at any one time, shall mature on or before one year from date of issue, and shall bear interest equal to the average rate (rounded ! to the nearest one-eighth of a percent) on outstanding marketable obligations of the United States with maturities from dates of issue of one year or less as of the close of the month-preceding the issuance of the obligations of the Corporation. If agreement is not reached within eight months concerning the issuance of any bonds which the Secretary has failed to approve, the Corporation may nevertheless proceed to sell such bonds on any date thereafter without approval by the Secretary in amount sufficient to retire the interim obligations issued to the Treasury and such interim obligations shall be retired from the proceeds of such bonds. For the purpose of any purchase of the Corporation's obligations the Secretary of the I
Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include any purchases of the Corporation's obligations hereunder. The Corporation may sell its bonds by negotiation or on the basis of competitive bids, subject to the right, if reserved, to reject all bids; may designate trustees, registrars, and paying agents in connection with said bonds and the issuance thereof; may arrange for audits of its accounts and 'for reports concerning its financial condition and operations by certified public accounting firms (which audits and reports shall be in addition to those required by sections 105 and 106 of the Act of December 6,1945 (59 Stat. 599: 31 U. S. C. 850-851), may, subject to any covenants contained in any bond contract, invest the proceeds of any bonds and other funds ender its control which derive from or pertain to its power program in any securities approved for in-vestraent of national bank funds and deposit said proceeds and other funds, subject to withdrawal by check or otherwise, in any Federal Reserve Bank or bank having membership in the Federal Reserve System; and may perform such other acts not prohibited by law as it deems necessary or desirable to accomplish the purposes of this section. Bonds issued by the Corporation hereunder shall contain a recital that they are issued pursuant to this section, and such recital shall be conclusive evidence of the regularity of the issuance and sale'6f such bonds and of their validity. The annual report of the Board filed pursuant to section 9 of this Act shall contain a detailed statement of the operation of the provisions of this section during ' the year. . (d) Bonds issued by the Corporation hereunder shall be lawfulinvestments and may be ac-cepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of any officer or agency of the United States. The Secretary of the Treasury or any other officer or agency having authority over or control of any such fiduciary, trust, or public funds, may at any time sell any of the bonds of the Corporation acquired by them under this section. Bonds issued by the Corporation hereun-ler shall be exempt both as to principal and interest from all taxation now or hereafter imposed by any State or local taxing authority except estate, inheritance, and gift taxes. (e) From net power proceeds in excess of those required to meet the Corporation's obliga-tions under the provisions of any bond or bond contract, the Corporation shall, beginning with fiscal year 1961, make payments into the Treasury as miscellaneous receipts on or before l September 30, of each fiscal year as a return on the appropriation investment in the Corpora-l tion's power facilities, plus a repayment sum of not less than.510l000,000 for each of the first l five fiscal years, 515,000,000 for each of the next five fiscal years, and $20,000,000 for each l fiscal year thereafter, which repayment som shall be applied to reduction of said appropria-l tion investment until a total of $1,000,000,000 of said appropriation investment shall 1 ave ! been repaid.' The said appropriation investment shall consist, in any fiscal year, of that part l of the Corporation's total investment assigned to power as of the beginning of the fiscal year l ; (including both completed plant and construction in progress) which has been provided from i appropriations or by transfers of property from other Government agencies without reim-bursement by the Corporation. less repayments of such appropriation investment made under title II of the Government Corporations Appropriation Act,1948, this Act, or other ap-
*Section 114tb) of P.L 94-274 directed TVA to make a payment of $5,000.000 on September 30, 1976, as repay-ment of the appropriation investment plus a payment as a return on the appropriation investment for the fisca!
I year transition period from July 1,1976, through September 30, 1976, computed at the average interest rate payable by the Treasury upon its total marketable public obligations as of July 1,1976, applied to the balance of said appropriations as of July 1,1976. 14
plicable legislation. The piyment as a return on the appropriation investment in each fiscal year shall be equal to the computed average interest rate payable by the Treasury upon its total marketable public obligations as of the beginning of said fiscal year applied to said ap-propriation investment. Payments due hereunder may be deferred for not more than two years when, in the judgment of the Board of Directors of the Corporation, such payments cannot feasibly be made because of inadequacy of funds occasioned by drought, poor business conditions, emergency replacements, or other factors beyond the control of the Corporation. (f) The Corporation shall charge rates for power which will produce gross revenues suffi-cient to provide funds for operation, maintenance, and administration of its power system; payments to States and counties in lieu of taxes; debt service on outstanding bonds, in-ciuding provision and maintenance of reserve funds and other funds established in connection therewith: payments to the Treasury as a return on the appropriation investment pursuant to subsection (e) hereof; payment to the Treasury of the repayment sums specified in subsection (e) hereof; and such additional margin as the Board may consider desirable for investment in power system assets, retirement of outstanding bonds in advance of maturity, additional reduction of appropriation investment, and other purposes connected with the Corporation's power business, having due regard for the primary objectives of the Act, including the objec-tive that power shall be sold at rates as low as are feasible. In order to protect the invest-ment of holders of the Corporation's securities and the appropriation investment as defined in subsection (e) hereof, the Corporation, during each successive five-year period beginning with the five-year period which commences on July 1 of the first full fiscal year after t!ie effective date of this section, shall apply net power proceeds either in reduction (directly or through payments into reserve or sinking funds) of its capital obligations, including bonds and the ap-propriation investment, or to reinvestment in power assets, at least to the extent of the com-bined amount of the aggregate of the deprecistion accruals and ether charges representing the amortization of capital expenditures applicable to its power properties plus the net pro-ceeds realized from any disposition of power facilities in said period. As of October 1,1975, the five. year periods described herein shall be computed as beginning on October 1 of that year and of each fifth year thereafter. (g) Power generating and related facilities operated by the Corporation under lease and lease-purchase agreements shall constitute power property held by the Corporation within the meaning of section 13 of this Act, but that portion of the payment due for any fiscal year under said section 13 to a State where such facilities are located which is determined or estimated by the Board to result from holding such facilities or selling electric energy generated thereby shall be reduced by the amount of any taxes or tax equivalents applicable to such fiscal year paid by the owners or others on account of said facilities to said State and to local taxing jurisdictions therein. In connection with the construction of a generating plant or other facilities under an agreement providing for lease or purchase of said facilities or any interest therein by or on behalf of the Corporation, or for the purchase of the output thereof, the Corporation may convey, in the name of the United States by deed, lease, or otherwise, any real proper;y in its possession or control, may perform necessary engineering and construction work and other services, and may enter into any necessary contractual arrangements. (h) It is hereby declared to be the intent of this section to aid the Corporation in discharg-ing its responsibility for the advancement of the national defense and the physical, social and economic development of the area in which it' conducts its operations by providing it with adequate authority and administrative flexibility to obtain the necessary funds with which to assure an ample supply of electric power for such purposes by. issuance of bonds and as other-g wise provided herein, and this section shall be construed to effectuate such intent. [73 Stat. . 280 as amended by 73 Stat. 338, SO Stat. 346, 84 Stat. 915, 89 Stat. 750, and 90 Stat. 376,
'. and P.L. 96-97 (October 31,1979),16 U. S. C. sec. 831n 4.]
Sec.16. The board, whenever the President deems it advisable, is hereby empowered and directed to complete Dam Numbered 2 at hiuscle Shoals, Alabama, and the steam plant at nitrate plant numbered 2, in the vicinity of 51uscle Shoals, by installing in Dam Numbered 2 the additional power units according to the plans and specifications of said dam, and the ad-ditional power unit in the steam plant at nitrate plant numbered 2. (48 Stat. 67,16 U. S. C. sec. 831o.] Sec.17. The Secretary of War, or the Secretary of the Interior, is hereby authorized to con-struct, either directly or by contract to the lowest responsible bidder, after due advertise-ment, a dam in and across Clinch River in the State of Tennessee, which has by long custom become known and designated as the Cove Creek Dam, together with a transmission line from Aluscle Shoals, according to the latest and most approved designs, including power house and hydroelectric installations and equipment for the generation of power, in order that 15 ,
i . l the waters of the said Clinch River may be impounded and stored above said dam for the pur-
; pose of increasing and regulating the flow of the Clinch River and the Tennessee River below, i so that the maximum amount of primary power may be developed at Dam Numbered 2 and ; at any and all other dams below the said Cove Creek Dam: Provided, however, That the i
President is hereby authorized by appropriate order to direct the employment by the Secretary of War, or by the Secretary of the Interior, of such engineer or engineers as he may designate, to perform such duties and obligations as he may deem proper, either in the draw-ing of plans and specifications for said dam, or to perform any other work in the building or construction of the same. The President may, by such order, place the control of the construc-tion of said dam in the hands of such engineer or engineers taken from private life as he may desire: And provided further, That the President is hereby expressly authorized, without regard to the restriction or limitation of any other statute, to select attorneys and assistcnts for the purpose of making any investigation he may deem proper to ascertain whether, in the 1 control and management of Dam Numbered 2, or any other dam or property owned by the i Government in the Tennessee River Basin, or in the authorization of any improvement therein, there has been any undue or unfair advantage given to private persons, partnerships, or corporations, by any officials or employees of the Government, or whether in any such matters the Government has been injured or unjustly deprived of any of its rigits. [48 Stat. 67,16 U. S. C. sec. 831p.*] Sec.18. In order to enable and empower the Secretary of War, the Secretary of the In-i terior, or the board to carry out the authority hereby conferred, in the most economical and
! efficient manner, he or it is hereby authorized and empowered in the exercise of the powers of ; national defense in aid of navigation, and in the control of the flood waters of the Tennessee ; and Mississippi Rivers, constituting channels of interstate commerce, to exercise the right of eminent domain for all purposes of this Act, and to condemn all lands, easements, rights of I way, and other area necessary in order to obtain a site for said Cove Creek Dam, and the flowage rights for the reservoir of water above said dam, and to negotiate and conclude con-tracts with States, counties, municipalities, and all State agencies and with railroads, railroad j corporations, common carriers, and all public utility commissions and any other person, firm, ; or corporation, for the relocation of railroad tracks, highways, highway bridges, mills, ferries, i electric light plants, and any and all other properties, enterprises, and projects whose removal may be necessary in order to carry out the provisions of this Act. When said Cove Creek Dam, transmission line, and power house shall have been completed, the possession, use, and ! control thereof shall be entrusted to the Corporation for use and operation in connection with ; the general Tennessee Valley project, and to promote flood control and navigation in the Ten- , nessee River. [48 Stat. 67-68,16 U. S. C. sec. 831q.]
1 Sec.19. The Corporation, as an instrumentality and agency of the Government of the United States for the purpose of executing its constitutional powers, shall have access to tha Patent Office of the United States for the purpose of studying, ascertaining, and copying all
, methods, formulae, and scientific information (not including access to pending applications for patents) necessary to enable the Corporation to use and employ the most efficacious and economical process for the production of fixed nitrogen, or any essential ingredient of fer- ! tilizer, or any method of improving and cheapening the production of hydroelectric power, l' and any owner of a patent whose patent rights may have been thus in any way copied, used, infringed, or employed by the exercise of this authority by the Corporation shall have as the ! exclusive remedy a cause of action against the Corporation to be instituted and prosecuted on the equity side of the appropriate district court of the United States, for the recovery of reasonable compensation for such infringement. The Commissioner of Patents shall furnish to
- the Corporation, at its request and without payment of fees. c~opies of documents on file in his t office: Provided That the benefits of this section shall not apply to any art, machine, method l of manufacture, or composition of matter, discovered or invented by such emoloyee during the time of his employment or service with the Corporation or with the Government of the United States. [48 Stat. 68,16 U. S. C. sec. 831r.]
Sec. 20. The Government of the United States hereby reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the proper-ty described or referred to in this Act for the purpose of manufacturing explosives or for other war purposes; but, if this right is exercised by the Government, it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the pur-chase of electric power or fixed nitrogen or fertilizer ingredients is hereby violated, after the amount of the damages has been fixed by the United States Court of Claims in proceedings
- Test of Sntion 17 is omitted from the United States Code as having been executed.
5 16
Instituted and conducted for that purpose under rules prescribed by the cour:. [48 Stat. 68,16 U. S. C. sec. 831s.] , Sec. 21. (a) All general penal statutes relating to the larceny, embezzlement, conversion, or to the improper handling, retention, use, or disposal of public moneys or property of the United States, shall apply to the moneys and property of the Corporation and to moneys and properties of the United States entrusted to the Corporation. ! (b) Any person who, with intent to defraud the Corporation, or to deceive any director, of-ficer, or employee of the Corporation or a officer or employee of the United States (1) makes any false entry in any book of the Corporation, or (2) makes any false report or state-ment for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Any person who shall receive any compensation, rebate, or reward, or shall enter into . any conspiracy, collusion, or agreement, express or implied, with intent to defraud the Cor-poration or wrongfully and unlawfully to defeat its purposes, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. [48 Stat. 68 69, 16 U. S. C. sec. 831t.]
- Sec. 22. To aid further the proper use, conservation, and development of the natural resources of the Tennessee River drainage basin and of such adjoining territory as may be related to or materially affected by the development consequent to this Act, and to provide for the general welfare of the citizens of said areas, the President is hereby authorized, by such means or methods as he may deem proper within the limits of appropriations made therefor by Congress, to make such surveys of and general plans for said Tennessee basin and adjoining territory as may be useful to the Congress and to the several States in guiding and controlling the extent, sequence, and nature of development that may be equitably and econen.ically advanced through the expenditure of public funds, or througl. the guilance or control of public authority, all for the general purpose of fostering an orderly and proper physical, economic, and social development of said areas; and the President is further authorized in making said surveys and plans to cooperate with the States affected thereby, or subdivisions or agencies of such States, or with cooperative or other organizations, and to make such studies, experiments, or demonstrations as may be necessary and suitable to that end. [48 Stat. 69,16 U. S. C. sec. 831u.] -
Sec. 23. The President shall, from time to time, as the work provided for in the preceding section progresses, recommend to Congress such legislation as he deems proper to carry out the general purposes stated in said section, and for the especial purpose of bringing about in said Tennessee drainage basin and adjoining territory in conformity with said general purposes (1) the maximum amount of ficod control: (2) the maximum development of said Tennessee River for navigation purposes: (3) the maximum generation of electric power con-sistent with flood control and navigation; (4) the proper use of marginal lands; (5) the proper method of reforestation of all lands in said drainage basin suitable for reforestation: and (6) the economic and social well-being of the people living in said river basin. [48 Stat. 69,16 U. S. C. sec. 831v.] Sec. 24. For the purpose of securing any rights of flowage, or obtaining title to or posses-sion of any property, real or personal, that may be necessary or may become necessary, in the carrying out of any of the provisions of this Act, the President of the United States for a period of three years from the date of the enactment of this Act, is hereby authorized to ac-quire title in the name of the United States to such rights or such property, and to provide for the payment for same by directing the board to contract to deliver power generated at
- any of the plants now owned or hereafter owned or constructed by the Government or by said l
Corporation, such future delivery of power to continue for a period not exceeding thirty years. Likewise, for one year after the enactment of this Act, the President is further authorized to
.. sell or lease any parcel or part of any vacant real estate now owned by the Government in said Tennessee River Basin, to persons, firms, or corporations who shall contract to erect
, thereon factories or manufacturing establishments, and who shall contn.ct to purchase of said Corporation electric power for the operation of any such factory or manufacturing establish. ment. No contract shall be made by the President for the sale of any of such rn! estate as may be necessary for present or future use on the part of the Government for any of the pur- , poses of this Act. Any such contract made by the President of the United States shall be carried out by the board: Provided, That no such contract shall be made that will in any way abridge or take away the preference right to purchase power given in this Act to States, counties, municipalities, or farm organizations: Provided further, That no lease shall be for a term to exceed fifty years: Provided further. That any sale shall be on condition that said land shall be used for industrial purposes only. [48 Stat. 69-70,16 U. S. C. sec. 831w.] 17
i Sec. 25. The Corporation may cause proceedings to be instituted for the acquisition by con-demnation of any lands, easements, or rights of way, which, in the opinion of the Corpora-tion, are necessary to carry out the provisions of this Act. The proceedings shall be instituted in the United States district court for the district in which the land, easement, right of way, or other interest, or any part thereof, is located, and such court shall have full jurisdiction to divest the complete title to the property sought to be acquired out of all persons or claimants and vest the same in the United States in fee simple, and to enter a decree quieting the title !. thereto in the United States of America. [48 Stat. 70-71, as amended by 62 Stat. 991,63 Stat. i ' 107,66 Stat. 591, and 82 Stat. 885,16 U. S. C. sec. 831x.] Sec. 26. Commencing July 1,1936, the proceeds for each fiscal year derived by the board from the sale of power or any other products manufactured by the Corporation, and from any l 'l other activities of the Corporation including the disposition of any real or personal property, shall be paid into the Treasury of the United States on March 31 of each year, save and ex-cept such part of such proceeds as in the opinion of the board shall be necessary for the Cor-poration in the operation of dams and reservoirs, in conducting its business in generating, transmitting, and distributing electric energy and in manufacturing, selling, and distributing fertilizer and fertilizer ingredients.* A continuing fund of $1,000,000 is also expected from the
. requirements of this section and may be withheld by the board to defray emergency expenses
- . and to insure continuous operation: Provided, That rathing in this section shall be construed to prevent the use by the board, after June 30, 1936, of proceeds accruing prior to July 1, 1936, for the payment of obligations lawfully incurred prior to such latter date. [4S Stat. 71, as amended by 49 Stat.1079, and 90 Stat. 380,16 U. S. C. sec. 831y.]
Sec. 26a. The unified development and regulation of the Tennessee River system requires that no dam, appurtenant works, or other obstruction, affecting navigation, flood control, or public la ids or reservations shall be constructed, and thereafter operated or maintained
, across, along, or in the said river or any of its tributaries until plans for such construction, l operation, and maintenance shall have been submitted to and approved by the board: and the i construction, commencement of construction, operation, or maintenance of such structures without such approval is hereby prohibited. When such plans shall have been approved, deviation therefrom either before or after completion of such structures is prohibited unless the modification of such plans has previously been submitted to and approved by the board.
In the event the board shall, within sixty days after thqir formal submission to tfie board, l fail to approve any plans or rnodifications, as the case may be, for construction, operation, or maintenance of any such structures on the Little Tennessee River, the above requirements shall be deemed satisfied, if upon ecplication to the Secretary of War, with due' notice to the i Corporation, and hearing thereon, such plans or modifications are approved by the said j Secretary of War as reasonably adequate and effective for the unified development and
- , regulation of the Tennessee River system.
! ' Such construction, commer. cement of construction, operation, or maintenance of any struc-tures or parts thereof in violation of the provisions of this section may be prevented, and the removal or di: continuation thereof required by the injunction or order of any district court . l exercising jurisdiction in any district in which such structures or parts thereof may be situated, and the Corporation is hereby authorized to bring appropriate proceeedings to this end. l The requirements of this section shall not be construed to be a substitute for the re-quirements of any other law of the United States or of any State, now in effect or hereafter enacted, but shall be in addition thereto, so that any approval, license, permit, or other sanc. tion now or hereafter seguired by the provisions of any such law for the construction, opera-tion, or maintenance o: any structures whatever, except such as may be constructed, operated or maintained by the Corporation shall be required, notwithstanding the provisions of this f section. [49 Stat.1079,16 U. S. C. sec. 831y 1.] Sec. 27. All appropriat: ens necessary to carry out the provisions of this Act are hereby authorized. [4S Stat. 71,16 U. S. C. sec. 831z.] Sec. 28. That all Acts or parts of Acts in conflict herewith are hereby repealed, so far as they affect the operations contemplated by this Act. [48 Stat. 71,16 U. S. C. sec. 831aa.] Sec. 29. The right to alter, amend, or repeal this Act is hereby expressly declared and reserved, but no such amendment or repeal shall operate to impair the obligation of any con-tract made by said Corporation under any power conferred by this Act. [4S Stat. 72,16 U. S. C. sec. S31bb.1
*Section 205(5) of P.L. 94 274 provided that for the purposes of Section 26 of the TVA Act the fiscal year transi.
i tion penod from July 1.1976, through September 30. 1976 shall be treated as part of the fiscal year beginnmg October I,1976. 18
Sec. 30. Th2 sections of this Act ara hireby declared to be separable, and in the event any one or more sections of this Act be held to be unconstitutional, the same shall not affect the validity of other sections of this Act. [48 Stat. 72,16 U. S. C. sec. 831cc.]* Sec. 31. This Act shall be liberally construed to carry out the purposes of Congress to provide for the disp,asition of and make needful rules and regulations respecting Government properties entrusted to the Authority, provide for the national defense, improve navigation, control destructive floods, and promote interstate commerce and the general welfare, but no real estate shall be held except what is necessary in the opinion of the board to carry out-plans and projects actually decided upon requiring the use of such land: Provided, That any land purchased by the Authority and not necessary to carry out plans and projects actually decided upon shall be sold by the Authority as agent of the United States, after due adver. tisement, at public auction to the highest bidder, or at private sale as provided in section 4 (k) of this Act. [49 Stat.1080,16 U. S. C. sec. 831dd.] m 4
*Section 15 of the 1935 amendments to the TVA Act (49 Stat.108D contained similar language applicable to the provisions enacted by those amendments.
19 (ney4 e d El
155 Stat. 773 (November 21.1941), as amended by 82 Sta t. 876 (September 26.1968 16 U. S. C. sec. 831c 1*l
\
s 3 AN ACT To provide for the akeration, reconstruction, or relocation of certain highway and railroad bridges by the Tennessee, Valley Authonty Be it enacted by the Senate and House ofRepresentatives of the United States of America in Congress assembled, That:
"(a) Whenever, as the result of the construction of any dam, reservoir, or other improvement under the provisions of the Tennessee Valley Authority Act, or amendments thereto, including any improvement of the navigable channel to accommodate the growth of navigation or changes in navigation requirements within the reservoir created by any dam in the custody of the Ten-nessee Valley Authority, any bridge, trestle, or other highway or railroad structure located over, upon, or across the Tennessee River or any of its navigable tributaries, including approaches, fenders, and appurtenances thereto, is endangered or otherwise adversely affected and damaged, ~ including any interference with or impairment of its use, or, in the judgment of the Board of Directors of the Tennessee Valley Authority, needs to be raised, widened, or otherwise altered to provide the navigation clearances required for completion of the navigable channel to be pro-vided by such improvement, to the extent that protection, alteration, reconstruction, relocation, or replacement is necessary or proper to preserve its safety or utility or to meet the requirements of navigation or flood control, or both, the owner or owners of such bridge, trestle, or structure shall be compensated oy the Tennessee Valley Authority m the sum of the reasonable actual cost of such protection, alteration, reconstruction, relocation, or replacement: Provided, That in ar-riving at the amount of such compensation the bridge owner shall be charged with a sum which shall equal the net value to the owner of any direct and special benefits accruing to the owner from any improvement or addition or betterment of the altered, reconstructed, relocated, or replaced bridge, trestle, or structure. The Tennessee Valley Authority is empowered to cpntract with such owner with respect to any such protection, alteration, reconstruction, relocation, or replacement, the payment of the cost thereof and its proper division, which contract may provide either for money compensation or for the performance of all or any part of the work by the TennesseeValley Authority. , "(b) In the event of a failure to agree upon the terms and conditions of any such contract, or upon any default in the performance of a ay contract entered into pursuant to this Act, the bridge owner or the Tennessee Valley Authority shall have the right to bring suit to enforce its rights or for a declaration of its rights under this Act, or under any such contract, in the district court of the United States for the district in which the property in question is located. In any such pro- ~
ceeding the court shall apportion the total cost of the work between the Tennessee Valley
- Authority and the owner in accord with the provisions contained in this section. The Tennessee Valley Authority's share of the cost of any such protection, alteration, reconstruction, reloca-tion, or replacement, under any contract made or judgment, award, or decree rendered under the provisions of this section may be paid out of any funds available for carrying out the provisions of the Tennessee Valley Authority Act, as amended, and appropriations for that purpose are hereby authorized: Provided. That, prior to such alteration, reconstruction, or relocation of said bridges, the location and plans shall be submitted to and approved by the Secretary of Transpor-tation in accordance with existing laws."
'This statute. while not technically a part of the TVA Act, has such a close connection with the program that it is induded here for convenience.
21 bet Y M c. IS Z3)
.4
f INDEX - (References to the TVA ACT are to Sections of the Act; reference to the statute concerning alteration, reconstruc-tion, or relocation of bridges is to pa ge number.) A Contracts, violation of by Government in case of , natienal emergency for purchase of property at Cove Accounts, books of,8 (bb Creek, remedy for,20. Act, right to amend or repeal reserved,29, Contracts (30 year limitI, payment in power,24. Agriculturaldevelopment, as purpose of Act,1. Control and possession of completed works,18. Agriculturaluse of power.10. Cooperation with states and institutions in use of Alabama Power Company, Purchase of properties of, power.10. 15c-(2h Cooperation with states for general welfare 22. A!!ocation of cost and book value of plants, dams and Corporation. powers of, listed,4. other properties to appropriate projects,14. Cost of works, allocation of,14. Annuaireports,9 hh Counties and municipalities, sale of surplus power to. Amendments to Act,29. t g, Appointees. removalof,3. Court of Claims, remedy for violation of contracts by Appointment of directors,2. Government in case of war or national emergency, Appointment of officers and employees,3- 20. Appointments. no political test or qualifications,6. Court U. S. District, jurisdiction of in condemnation Appropriations, authonty for,27, proceedings,25. Assistance and advice from other departments,5 (i). Cove Creek Dam, authority for construction,17. Attorneys toinvestigate past management 17 Cove Creek Dam, possession and control of,18. Audit by Comptroller General,9 (b). Audit, expensc of,9 (b). D B Damages for violation of contracts by Government, Board of directors,2 (a). remedies through Court of Claims 20. Bonds, amount to be issued 15c,15d. Dams, approval of TVA Board necessary for construe. Bonds, authority to issue,15,15a,15c,15d. t n on ennessee RW System. 26a. Books, false entry in, penalty for 21 (b L Dam No. 2, completion of 16. Books of accounts, maintenance of, S (b). Dams, power to corstruct,4 (j),15. - Bridges, alterations, relocation, reconstruction, page Date ofincorporation,1.
*1' ~ '
Defense, national, as pt'rpose of Ast,1. Defrauding the corporation. penalty for,21 (bH c). C
- Demonstrations, authonty to make 22.
Directors, Board of,2 taL Chairman of the Board,2 (a). Directors. compensation and expense 2 (eb Civil Service laws not applicable,3. Directors, engaging in other business,2 (eH f). Claims and litiption, set !en v.nt of,9 tbL Directors,dwellinghouses for 2(eL Clinch River, authority to build Cove Creek Dam Directors' oath of office,9 (et across.17. Directors, qualifications of,2 (h). Commercialproducers of fertilizers 5(ab Directors. removal of,41 f L Commissioner of Patents eball furnish information,19. Directors, successors to,2 (b). Compensation, workmen's (Federal Act) applicable to Directors, term of office. 2 (bL TVA employees. 3. Discoveries or inventions by employees,5 (it Comptroller General, audit by,9 ( b). Discrimination in rates for sale of power by purchasers Condemnation proceedings,4 (h),4 ti),19,25. from T VA prohibited,12. Congress, filing reports with,9 (a L Domestic consumer, sale c' yower to.11. Conservation of natural resources,22. Donation of products of fertilizer plants for education Constitutionality of separate sections of Act,30. and experiment,5 (e t Construction, list of works authorized,4 (j),15d (a). Construction of fertilizer plants, authority for,5 (fL. E i Constrtetion of transmission lines, authority for,12, I 4 (j). Economic development, future legislation,2316). Construction of transmission lines to farms. etc.,10. Economic development, plans authorized for 22. Contracts for sale of revenue bonds,15d (ab Educition, use or sale of fertilizer products for,5 (eL Contracts for sale of surplus power to corporations, Educational experimentation, authority for,22. etc.(20 year) 10. Electric power, experiments for wider and better use Contracts for sale of surplus power to states, etc. (30 of,10. year),12. Electric power, future legislation to be recommended. Contracts for sale or lease of unused lands (50 yeari, 23(3L
- 24. E!ectric power, sale of,10,12.
Contracts, general. 9 t b L Electric utilities, relocation of,19. Contrsets, impairmant of in case of repest or amend. Eminent Domain, exercise of right,4 lhL 4 liL 18. 25. ment of Act,29. Employees. inventions by,5 til 19. 23
Employees, not subject to political tast or qualifics. Improvement of czisting plants,5 (f). tions,6. Inventions by employees, $ ti),19. Employees of otber departments. use or transfer of, Investigation of management of completed works,17. 5 11). . Investment, repayment of,15d (e). En ployers Liability Act IFederal), applicable to TVA Investment return on.15d te). employees 3. Enacting clause,1. J c n u cn a n proedp, E Exchan of po er with other pr u ers,12, Existing fertilizer plant, improvement of,5 (f). g Expenditures,9 (b). Expense of audit,9(b). Labor, Secretary of,in fixing rate of wages,3. Fxpenses ol dkectors,21e). Laboratories and erperimental plants,5 (h). Experimental plants,5 (hl. Land, acquisition of,4 (hMI). Experimental surveys, authority for,22. Land planning, 18,24,25. Experimentation, use or sale of products for,5 (e). Laws repealed,28.
. Experiments for wider and better use of electric Lease (50 year limit) of nitrate plant No. 2 and Waco power,10. Quarry,5 (n).
Explosives, sale of, to War or Navy Departments. Lease of power facilities,12.15d (a). 5 (j ). Lease of unused lands for industrial purposes, etc. (within one year),24. F Legai residence of the corporation,8 (a). False reports entries, etc., penalty for. 21 (b Hch Farm organizations, use of fertilizers by,5 (bHel. d '2 Loans to purchase electric properties,15c-15). Farm.constructionof transmissionlines to,10. Location of the principal office of the corporation, Federal Power Commission,15c. 8 (a). Ferrophosphorus,saleof 5(m). Fertdizer, allocation of cost to,14. y Fertilizer, donations of, for educational and experi. mental purposes,5 lei. Stanagement of completed works, investigation of,17, Fertilizer, patents in U. S. Patent Office to be acces- Marginal lands, future legislation to be recommended sible to corporation,19. by President for proper use of,23 (4L Fertilizer plants, construction of new ones and 51arginallands, proper use of as purpose of Act,1. improvement of present plant,5 (fl. 511ssissippi Power Company, purchase of properties of. Fertilizers, commercial producers of,5 (al. 15c-(3). Fertilizers, production of, at 31usele Shoals,5 (d). 5fississippi River Basins, flood control as pugose of Fertilizers, use of, by farms and farm organizations, Act,1. 5 t bl-(cl. Municipalities, sale of surplus power to.11. Filing of annual statements and reports,9 (a)., Financial statements, annual filing,9 ( a). N Flood control, allocation of cost to,14. Name of corporation,1. Flood control, as purpose of Act,1,9 (al. National defense, allocation of cost to,14.
** n e e gucy, dgMs d Genment b case of, or sales of corpo a ns p u ts,5 (m).
20 Fraud, penalty for,21 (bHe). Navigation, allocation of cost to,14. Future legislation. 23. Navigation, improvement of as purpose of Act,1,9a. Navigation projects, power to construct,4 (j ). G Net proceeds from sales to be paid in U. S. Treasury, Government assistance and advice fr'om Government ~ 26. departments and agents available. 5 til Nitrate Plant No. 2, lease of (50 year limit),5 (n). Government, property at Muscle Shoals intrusted to Nitrate Plant No. 2, to be maintained in stand-by con-corporation,7. dition if not used for fixation of nitrogen,5 Ig). Nitrogen and products, production, autho<ity for, H 5(dL Highways, relocation of,18. O Houses (dweihngl for directors,2 f el. Oath of office by the directors,3 (cl. I Offenses, fines and punishment,21. ce c rporadon,kadon M,8 (al Income from patent licenses, inventors' compensation, 5 (i). p Incorporation a nd incorporators,1. Industrialdevelopment,as purpose of Act,1. Pattnt office records, access to 19. Industrial plants, contracts for relocation,13. Patents granted to employees of TVA,5 (IL Industrial purposes sale or lease of lands for only. 24. Patents, remedy of owners for infringement by TVA, Industry, sale of power to secondary,11 19. Infringement of patents.19. Penal statutes, application to TVA,21 (a b Ingredients, fertilizer, authority to manufacture,5 (dl. Penalty for fraud or false entry,21 (b)-ich 24 J
- Percentages of proceeds from sale of power payable to Removal of officers and employees,3.
States and local governments.13. Repayment of power investment,15d (e). Policy as to distribution of surplus power,11. Repealof Act, right reserved. 29. Political tests for employees prohibited,6. Repealof conflicting acts,23. Population, readjustment of,4 (1). Reports, annual and financial statements,9 (al. Possession of corr.pleted works.18. Reports, financial report on funds derived from bonds. Power allotment to War Department,5'(k). 15c-(5). Power contracts (30 year limit) exchange for property Reservoirs, power to construct,4 IJ ). purchased by President of U. S.,24. Retailof power, rates for,12. Power development, allocation of cost to.14. Return on power invesement,15d le). Power, exchange of with other producers,12. Revenue bonds,15d. Power houses and structures authorized to construct, Roads and highways, relocation of, IS. 4 (j). Ruralconsumers, sale of power to 11. Power, proceeds from sale of, disposition,26. Power rates on resale to be fixed by board,12. S Power rates, wholesale, establishment of,15d (f). Salaries, fixing of,3. Power resold by contractor, rates for,12. Salary of directors,2 (e). Power sale outside United States,5 (m). Sale of explosives to War or Navy Department,5 (j). Power, sale to farm cooperatives and villages 10. Sale of power or other products outside the United Power, sales to states, municipalities, etc.,12,12a. States,5 (m). Power service area, limitation of,15d. (a). Sale of power over other than Government lines,12. Power, surplus sale of,10. Sale of power to corporations and individuals (20 year Power, use of for domestic and rural consumers, limit),10. primary policy 11. Sale of power to states, municipalitks, etc. (30 year Power, use of for industry shall be only secondary limit) 12. purpose,11. Sale of po ner to War Department,5 (k). Powers of the n rporationlisted,4. Sale of products for experimentation and education, Powers vested in Board of Directors,2 Ig),5. 5 (el. Preference toinjured employees.3. Sale of property,4 (k),15d tg),31. President, authorized to transfer property to corpora- Sale or lease of unused lands, etc. (within one year), tion,7 (bl. 24. President, filing annual statements with,9 (a). Sales, net proceeds from, disposition of,26. President, shall discharge violators of Sec. 6,6. Schedule of prices for retail distribution,12. - President shall recommend future legislation,23. Secretary of Labor,and rate of wages,3., . Prices for resale of surplus power fixed by the Board, Separability clause,30. .
- 12. Service area, limitation of,15d Ial.
Principal office of the corporation. location of. 8 t a). Social development of area, survey and plans, 22. Production of nitrogen and products thereof,5 (d)._ 23 (6). Profits over expense payable into Treasury,26. Soil, prevention of erosion of,22,23 (4). Projects, existing, relocation of 18. Southern Tennessee Power Company, purchase of Property, authority to President to acquire in name of properties of,15c (1). United States and pay for by delivery of power,24. State governments, cooperation with for use of power, Property, exchange of power for,24. 10. Prop;rty, Muscle Shoals entrusted to corporation, Statements annual filing of,9 (a). 7 (aHbl. States and municipalities to have priority in sale of Property, power to acquire and sell,4 (f),4 (k),31. power,12a. Public utilities, reloca tion of,18. States and other public organizations, sale of power Purchases,9 (b), to,11. Purposes of the Act,1. States, cooperation with for general welfare,22. States, percentage of gross receipts,13.
, Q ,
Statutes. penalapplicatioa to TVA Act.21(a). Steam plant at Nitrate Plant No. 2, completion of.16. Qualifications of directors,2 (h). , Surplus power, policy as to distribution,11. Quarry, Waco, lease of (50 year limit),5 (n). Surplus power, sale of (20 year limit),10. Surplus power, sale of ( 30 year limit),12. R Surveys for general betterment of Tennessee Basin, Railroads, relocation of,18. 22. Rates for resale of power, discrimination prohibited, T 12. Rates for resale of power fixed by the Board.12. Tax payments, method of apportionment,13. Rates, wholesale power,15d Ifl. Tax payments, report on operation,13. Readjustment of population 4 (1). Tax replacement,13,15d f g). Realestate acquisition of,4 th),(1). Tennessee Electric Power Company, purchase of Rebates, power sale contract, voidable by Board if properties of,15c (1). discriminatory rebates made.12. Term of office of directors,2 (b). Titleof Act,1. Receipts from sales, States' portions,13. Reforestation,22,23 (5), Transfer of employees from other Departments. 5 (i). Regional planning. physica! development of area. 22. Transmission line from Muscle Shoals, authority for, Relocation of existing utilities,18. 17. i 25 1
. ,, _. --~ ,, -- ,
Transmission lines, authority for construction, 4 (j), V 12,15e (4 L Vacancies on the Board,2 (cHd). Transmission lines for farms and villages.10' Vacant lands, sale or lease for industrial purposes 24. Transmis sion lines, lease of,12. Validity of Act, sections separable,30. Transmission 11nes, possession and control of, lS. Valuation of Government preperty for allocation to Transmission lines, pur;hasa of.12. purposes of Act,14. Treasurer and assistants 4 4 f t. Violation of contracts by Government, remedy for,20. Treasury of U. S., approvalof bonds,15d tcl. . Treasury of U. S., guarantee of bonds,15c. , Treasury of U. S., purchase of bonds,15d Ict Treasury of U, S. to receive net proceeds from sales of Waco Quarry lease of(50 year timit),5 tn). power,26. Wages. rates of.etc. 3. War, rights in case of,20. U Welfare plans, authority for 22. W rkmen's Compensation Act iFederal), applicability Unfinished plants, complation authorized,16. to TVA employees. 3. U. S. Treasury, to receive net proceeds from sales of power,26. Utilities, public, relocation of. I8. F77I2R 1 i
}
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EXHIBIT E MEMBERSHIP LIST OF UTILITIES COMPRISING THE BREEDER REACTOR CORPORATION AND THEIR RESPECTIVE CONTRIBUTIONS THERETO Utilities Which Have Executed A Contribution p. 1-13 Agreement, Letter Of Intent, Or Contributed Cash In Support Of The LMFBR Demonstration As Of December 31, 1981 List of Cooperatives Appendix A List of Investor-Owned Utilities Appendix B List of TVA Municipal Distributors Appendix C List of Cooperatives Included In The Appendix D Contribution of a Cash Contributor 9 s
=
7
. BREEDER RFACTOR CORPORATION - i . - IT"!L TI'L3 's rCCH HAVI EXECUTID A C0!CRIBUTION AGREE *G!!T, LLT"D OF l'JTIMT, OR COI;TRIBUTED CASH III SU?? ORT OF TFE L'UDR DEP.0!;STRATIO3 l Dece=ber 31, 1961 Centribution Ac eerents Tott.1 Pledsc Accc:ach-::orthanpton n ee. Coop. (Va.) $ 8,746.05 Ad =s-X rquette' n ee. Coop. (Wis.) 10,087.29 Alten Ilee. Cocp., Inc. (S.C.) ,
29,500.00 Alaba=a ?cwer Co. - 4,619,132.00 A2cer Delta Cocp. Ele:. Assn. (Mich.) 4,586.34 Alla.atee-Clayton.Ilee. Cocp., Inc. (Ia.) . 16,403.23
'Allegheny Hec. Coop. , Inc. (Fa. ) (See Appendix A) 205,700.59 A==a n ee. Coop., Inc. (Cal.) 1,279 3a e Arizona E ec. 7:wer Coop., he. (See A~ppendix A) 122,046.10 . Ari:ena ?nblic Sertice Co. 1,250,0C0.0c Art 7 alley Hec. Coop. Assn. , Inc. (Kan. ) 13,051.E7 Arkansas-Missouri Power Co. 233,0C0.00 Arkansas?cwer&Lih.tCo. 2,188,446.30 + ,Arbmsas Talle7 D ec. Coop. Corp. 24,662.*C . A m.utend ne . Ceep. , he. (Minn.) 1,773.67 Ashley-Chicot Ilec. Cocp. (Ack.) 5,065.co l 5 AtInntic City Hectric Co.
884,460.00
.Daler II::. Ccep. , he. (N.D. ) *11,986.Co l
l: Ealti=cre Gas & Hectric Co. 2,977,720.CO i
'l Enrren Hec.~ C cp. (*41s. ) 15,000.00 l Ec1tr:=1 H ec. C cp., he. (Finn.) ,
11,102.90 l Benten IIA (', ash.) 24,600.00 I Berkeley Hec. Cocp. , Inc. (S.C.) 39,7c9 00 1
- Big Eend Eee. Cocp. , Inc. (Wach. ) 17,500.00 E1uchly-I,cne C enty Coop. Ile . Assn. (Orc.) 17,7C0.C0 ,. [
Elael River Ilee. Coop. (Mo.) - 19,942.22 Eluck River Hec. Cocp. , Inc. (S.C. ) ' 20,150.P3 l Elue Ridge EC (I*.C. ) (See Appendix A) 83,000.00 l' Besten Idi:On C =pany , 1,740,0C0.C0 s E.s:cc 21ce. Power Coop. , Inc. (Tex. ) (Sce Appendix A)'* 215,165.8C I h e . e h
,f8 . .
- 2. -
Total Plehe {,,,._.contributien As ree :ents leontinued) Brovn-Atchison Elec. Coop. Assn. , Inc. (Kan.) $
, g,250.00 -{, Buckeyc Power, Inc. (Ohio) (See Appendix A) 421,172.00 '. Buffalo Elec. Coop. (Wis.) ' .'!' 9,151.83 Burke-Divide Elec. Coop., Inc. (N.D.) - 8,'349 55 ,- . -'Eutler REC Assn., Inc. (Kan.) -
9,554.93 C. & W. REC Assn.,'Inc. (Zan.) 6,456.00 California-Pacific Utilities Co. 110 OCO.CO i Callaway E2ec. Cocp. (Mo.) 6,431.70 Canadian valley Elec. Coop., Inc..(Okla.) 20,335.40 Capital Electric Coop., Inc.'(N.D.), 725.00 . Carolina Pcwer & Light Co. 3,450,000.00 Carroll DiC (ca. ) - 24,315.00
.' Carroll Elec. Coop. Corp. (Ark.)
28,978.00 Carteret-Craven E'!C (N.C. ) 17,779.00
, Cavalier REC, Inc. (U.D.) , 8,160.00 Cedar Valley Elec. Coop. (Ia. ) 9,280.00 Central Alaba:ca Elec. Coop. '
23,380.00 i Central Hud:en Oas & Elec. Co.. 677,8CO.00 i Central Illinois Light Co. 676,000.00 Central Illinois Public Service Co. . 1,070,000.C0 Central, Kansas Elec. Coop., Inc. . 30,750.00 Central Lincol". People's Utility District (Ore.) 100,000.00
' Central Power & Light Co.
- 1,824,000.00 Central Visconsin Elec. Cocp. .
4,933.00 Cheyenne Light, Fuel & Power Co. 60,000.00 Chippewa Valley Elec. Ccep. (Wis.) 8,850.C0 Choctanhatchee Elec. Ccop., Inc. ( Fla. ) 23,824.50 Choptank Elec. Coop. , Inc. (Md. ) 35,560.C0 The Cincinnati 1 Cas & Electric Co. (Sce Appendix B) 2,353,c00.00 Citicens' Elcetric Co. 36,649.00 City of Foley, Utilities Ecard of The ( Ala. ) 26,705.80 City of Forest Creve (Orc.) 23,150.00 City of Fort Colli:sc (Colo.) 45,800.00 City of Idaho Falls (Idaho) 52,900.00
.s= - -
v gu
- ',1; Total Pledce Ceneributien Acreenents (eentinued) -
City of McPhercon, Kansas, Ecard of Public Utilities 4 33,014.C0 City of Richland (Wash.) . 71,680.00 City of Seattle, Dept. of Lighting 1,600,000.C0 ' I Claiborne nec. Ceep., Inc. (La.) 18,259.69 Clark Elec. Coop. (Wis.) . - 15,57d. C0 Clry Elec. Coop.,'Inc. (Fla.) 75,055.56 C1ny nee. Coop. , Inc. (Ill. ) , 9,370.C0 Cleantater-Polk Elec. Coop., Inc. (Minn.) 4,684.60
- Cicantater Po ter Co'. (Idaho) . 22,040.C0 The Cleveland Electric Illuninating Co. 3,413,000.C0 Coast Elec. Power Assn. (Miss. ) 38,963.22 Coastal Elec.. Coop. , Inc. (S.C. ) 6,896.11 Ccdingten-Clark Elec. Cecp., Inc. (S.D. ) 7,126.60 Colunbia ?.EA, Inc. (Wash.) 21,510.00 Columbus REC (Wis.) 6,638.73 Colu= bus & Southe.m Ohio Electric Co. 1,425,6C0.00
, Cc=:enwealth Ediscn Co.
- 11,414,200.00 .
The CM3 Elec. Ccep., Inc. (Kan.) 5,609.C0 Concordid. Elec. Ccep. , Inc. (La) 17,299.69 Consolidated Edisen Co. of li. Y., Inc. 7,981,0CO.C0
, Censu=ers Power Co. . 4,548,835.C0 Concu=ers Potter, Inc. (Ore.) 39,650.C0 The Cooperative L & D Assn. of Lake County (Minn.) 3,646.C0 Cooperative Fower Assn. (Finn.) (See Appendix A) -
275,320.00 . Coos-Curry Elec. Ccep., Inc. (Ore.) 42,318.00 Cotten Elec. Cocp., Inc. (Okla.) - 47,500.C0 Cowlite County FUD #1 (Vash.) 294,150.C0 Craighead C ec. Cocp. Corp. (Ark.) 28,260.C0 Crenford Elec. Coop. (Wis.) 5,667.00 Cuivre River Elec. Coop., Inc. (Mo.) 14,928.h5 Dallas Power & Light Co. 1,965,8co.C0 S S e==. -eme ...
6
, 4 Contribution A~reer.ents (centinuedi -
- _ Total Pledce m Dvton Power & Light Co. $ ,639,954.co D.E.E. REC (Iowa) . ,
9,449 98 f m Detroit Idison Co. 6,920,cco.co r-9-a wa ?cwer.& Light Co. 1,148,000.00 Dixie E:C (La.) - 45,000.00 1-
~
r Daoglas nec. , cop., he. (cre. ) .. 17,324.00 _ D.s.a o. RIC Assn., h e. (ran.) 9,648.00 Deke ?cver Co. 7,235,650.Co i D==n County nee. Ce:p. ('41s . ). 11,873.50 East Central okla. n ec. Coop., Inc. 28,523.co East Zentuc'.g Power Cocp. (See Appendix A) 333,082.0c Eastern ~'i d ois ?cwer Cocp. 19,713 27 Eastern Utilities Assceiates (See Appendix B) 552,500.c0 The Easten Ut* ties C :=. (Md.) 15,690.co
. Eau Claire Ele:. Ccep. (iiis.) 11,561.84 Edison Sault n ec. Co. . 10,000.Co , ,. E Paso Zie tric Co. 518,600.co I . Tbc hpire Dist-ict E' entric Co. -
3o8,000.00 Estes Park, Oc in of ( C010. ) 4,748.40 E= gene 1: ster & ne:trie 3:ard (cre.) . 358,390.co Fai m. eld n ee. Ceep., Inc. (S.C.) ~ 12,834.51 Farmers 1:utual nee. Co. (nl.) 1,930.00
. First n ee. Cocp. Corp. (Ark.) 59,150.c0 ~
Eitchburg cas & nectric Light Co. 66,320.00 n attend n ec. C00p., Inc. (Mont.) 11,869.co FH-t vs REC Assn. (Kan.) 13,500.c0 M erida ?cwer Corp. , 1,944,282.Co Four County E:C (N.C. ) 25,592.co
, Franklin RIC (Icun) - -
6,258 90
.Prceborn-!'ower nee. Coop. (Minn.) 17,632.co I h it Ecit Elce. Coop. (!!ich. ) 32,619.15 Ccorcia Toucr Co. 5,927,757.CC
Totcl Pledr.e Contributien Aercement.1 (continued) .
- . Golden Valle7 Elec. Assn., Inc. (Alaska) *
$ 10,000.c0 Grand 'Elec. C:cp., Inc. (S.D. ) ,
8,262.60 g Grant Elce. Ceep. (Wis.) - I 14,040.00 Great Plaines E}ec. Coop., Inc. (Kan.) 5,539.40 Orundy Coknty EIC (Iowa) .
~
7,750.00 tulf Power Co. 766,4c4.c0 Gulf States Utilities Co. . 3,210',0co.c0 Halifax Ex (7 C. ) 7,349.c0
~
Hardin County EIO (Ioua) 9;,401.27 Harrison EEA, Inc. (W. Va.) , 2,949.00 Hart County EM (Ga.) . 24,596.00 Hawkeye Tri-C :=ty Elec. Coop., Inc. 15,575.75 Hershey Electric Co.(merged with Penn. P&L Co. on 3-1-80) 56,777.c0 Home Light & Pcwer Co. 63,750.c0 Hood River.Elec. Ceep.(Ore.) 13,100.00
. Horry Ele ~c. Cecp. , Inc. (S.C. ) 17,227.20 . .Housten Lighting & Power Co. 5,620,cco.cc Howard Elec. Ceep. (Mo.) 2,764.C0 Humboldt County EE0 (Iowa) 6,457.70 Idaho Pcwer Co. 1,485,981.c0 Illini Elec. Ccop. - (Ill. ) 9,029 35 Illinois Pcuer Cenpany 1,993,2co.00 , Illinois Etral Elec. Co. 16,357.70 ~
Indianspolis Pcver & Li 6ht Co. 1,433,cco.cc Inland Power & Light Co. (Wash.) . 47,800.85
- l. Interstate Pcuer Co. 509,2co.c0 Iown Elcetric Light & Power Co. 58o,0co.c0
' Iowa ~Illincia Cas & Electric Cc=pany 610,700.00 Iowa Power & Light Co. 678,1104.C0 l Iown Public Cerrice Co. 408,690.c0 1
Iowa Southern Ct111 tics Co. 242,600.00
,s.---. .
l
,, , -6.. -
f Centribution Ar reements (continued) ,
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Jackson County RE C (Ind.) *
$ 24,420.00 , l Jackson Elec. Coop. (Wis.) * , 6,784.50 t James Valley Elec. Coop., Inc (N.D.) 5,000.00 l
Jasper-Newton Elec. Ceop., Inc. (Tex.) 20,126.00 i Jefferson' Davis Elec. Coop., Inc. (La.) , 17,643.60 Jersey Central Power & Light Co. , 1,430,077.00 Jones-Onsloa D:C (N.C. ) '37,415.20 Ju=p River Elec. Ccop., Inc. (Wis.) 6,285.00
, Kansas Gas & Electric Co.
- 889,254.00 Kansas Power & Light Co. 943,000.00 Kaw Valley Elec. Coop. Co., Inc. (Kan. ) . 8,017.2C Kay Elec. Ccop. (Okla.) .
15,650.00 Kosciusho County P.E:C (Ind.) 15,080.00 Lake Superior District Power Co. (Wisc.) 101,220.00 Lamar 3:C (Ga.) 9,841.30 Lane Elec. Coop., Inr. (Ore.)' 43,010.00 Lane-Scott Elec. Coop., Ind. (Kan.) 4,905.50 - Laurens Elec. Coop., he. (S.C.) , . 24,764.60 Lee County Elec. Cecp., he. (na. ) . 74,550.00 Lighthouse Elec. Coop., Inc. (Tex.) 19,180,00 , The Little Ocmulgee. E:C (Ga.) - 10,490.0C l i . Littic River Elec. Coop., Inc. (S.C.) 9,524.79 l Icne Wolf Elec. Cocp. , he. (Tex. ) 4,223.76 Long Island Lighting Co. 2,457,500.00 l Los Angeles Dept. or Uater & Peuer (one-year agree =ent l subject to ann'.:a1 Ecard approval) 4,000,000.00 Lost River Elec. Cocp., hc. (idaho)
- 4,100.00 Iouisiana Power & Light Co. 2,141,193.50 I4Wer Valley Power & Light, Inc. (Wy.) 21,270.00 Lynches River Elec. Coop., Inc. (S.C.) 14,331.26 Lyntecar Elec. Coop., Inc. (Tex.)' 32,905.60 Madison Gas & Electric Co. 292,580.00
__m, e . o - ~~
--,r ,- - -- -.,,_n-w
- > Total Pledae Ctntributien At'.reements (continued) ,'. . . . ~
Matanuska nee. Assn., Inc. (Alaska) , 12,000.00 McCleary Light & Power (Wash.) . 6,340.00 ( McD,onough Power Coop. (nl.) - 8,930.00 Mecklenburg Elce. Coop. (Va.) ,
. 29,766.78 13,572 50 Menard nee. Coop. (nl. ) .
Metropolitan Edison Co. 1,521,469 00 Mid-Carolina Elec. Coop., Inc. (S.C.) , 20,896.22 Midstate nec. Coop., Inc. (Ore.') , 14,320.c0
. .. . ... Midwest n ee. Coop.,,Inc. (Tex.) ,' ,, ,
13,842 97 Minnesota Power & Light Co. (See Appendix 3) 841,200.00 Mississippi Power Co. 896,921.00 Mississippi Power & Light Co. *1,089,3S0.C0 Missoula Elec. Coop., Inc. (Mont.) 8,860.00
. Monroe County Elec. Cocp., Inc. (nl. ) 6,923.80 Montana-Dakota Utilities Co. 222,150.00 Mor-Gran-Sou Elec. Coop. , Inc. (N.D. ) 9,924.25 Mt. Carnel Public Utility Co. . 18,877.62 Mountrail Elec. Coop., Inc. (N.D.) 7,845 26 N.C.K. nee. Coop., Inc. (Kan.) 6,666.00 Nebraska nec. G. & T. Coop., Inc. (See Appendix A) 286,910.00 Nebraska Public Pcwer District 272,982.25 The Ne=aha-itarshall Elec. Coop. Assn. (Kan.) 6,700.00 l, Nespelem Valley nee. Coop. , Inc. (Wash. ) 4,983.c0 New England Gas & nectric Assn.* (See Appendix 3) 524,510.00 New England Power Co. 2,727,830.00 New Jersey Power & Light Co. -
572,892.C0 l New Orleans Public Service, Inc. 895,265.70 ( . ! .New York State Electric & Gas Corp. 1,825,c00.00 Newport Elcetric Corp. . . 86,795.c0 . Niagara 14chauk Power Co. - 5,000,cco.00 i l I 1
~ , , . ps . " .' Total ple! c Contribtttien Acreements (continutd) . ~ ' , sacat IIC, Inc. (R.D.) . . $ 49,915 96 Ucrth Artnnuss E ce. Coop., Inc. ,,26,678.51 f
M h Star E cc. Cecp., I==. (Minn.) ' 5,420. c0 Mortbedst I.c=i=in=a ?:.:er Coop., Inc. 17,149 30 Northeart 2"snouri Hec. Pc rer Coop. (See Appendix A-) 67,510.00
'Ecrtheast Dtlah= .a Hec. Coop., Inc. 21,208.00 2Icrtheast U+.d.11t:ics Ser71:e Co. (See Appendix 3) 3,510,560.00' IIsrthc=n lights, Inc. (Idaho) 14,500.00 . I dhcrn t'4 -tigen Hec. Cocp. , Inc. (See Appendix A) 52,973 50 Ecr*h 2 fed. Hec. CO:p. (Va.) 11,667.50 M=rthern Pied ..t H ec. Cocp. (Va.) -
15,386.00 Merth.arn States ?:ver Co. (See Appendix 3) 3,540,000.00 2(crthwest 2 cwa ?cwer Cocp. (See Appendix A) 73,172.22 2f. 37. Ez: ?cwer Cocp. , Inc. (!!o. ) ( See Appendix A) 84,870.00 2crthwestern ?ublic Service Co. 125,000.00 Oakdale H ec. Cocp. (Wis.) , 13,361.:: The Dconee T.0 (Ga.) , '13,293.20 -
'O==nto H ec .C cp. (Wis.)
- 8,3h0.30 Chio m sen Co. 3,326,000. :
Cli m -Me.recr n ee, C00p., Inc. (!i.D.) 5,256.19 Oklabena H ec. Coop. 24,623.00 Omaha Public Pot'rer District (I?eb. ) (Boa.fectSub to enXj:a1 865,095.00
. rc approva Drange and 2cc11and Ut
- ties,.Inc. (See Appendix B) 543,
- co. 00 Ocage Talley Hec. Coop. Assn. (Mo. ) 15,260.00 Otter Tail ?ower Co. 2*/6,672. ~,0 Ouachita H ec. Cocp., Corp. (Ark.) 12,051.00 P* *1: Uns & Hect:d Co. 10,121,077.03 Pn 1'i ?crer & I1 5ht Co. 3,060,000.C0 PA2r.ctto Hec. Cecp. , Inc. ' (S.C. ) 15,312.CC .
. Pcdcrnales Elec. Cocp. , Inc. (Tex.) 55,097.10 Pee Dec Z 0 (ii.C.) 16,910.Co e
. f. . . - *j I
Total Piedce Contributien Acrsonents (continued) *
~
{ Pennsylvania Electric Co. *
$ 1,820,035.C0 l Penne'ylvania Power Co. * * . 636,000.00 Pennsylvania Power & Light Co. 3,600,000.00 i, People's Coop. Power Assn., Inc. (Minn.) 23,941.10 Philadelphia Electric Co. (See Appendix B) 5,681,900.00 P.K.M. Elec. Coop. , Inc. (Minn. ) .
7,675.00 Planters EMC (ca.) 15,480.00
. Plunas-Sierra RIC, Inc. (Cal.) 7,153.44 Pocahontas RIO (Iowa) 8,286.10 Polk Burnett Elec. Coop. (Wis. ) '. 12,516.70 Portland General Electric Co. 2,193,400.00 .- Potomac Electric Power Co. ,
2,890,000.00 Price *Elec. Cocp., Inc. (Wis.)
- 4,787.30
.The P.R.&W. Elec. Coop. Assn., Inc. (Kan.) . 3,964.30 Public Service Co. of Colorado 1,670,000.00 . Public Service Co. cf Indiana, Inc. . , 2,276,120.00 ,Public Service Co. of Tew Hanpshire ,
709,650.C0 Public Service Co. of Oklahena 1,279,000.C0 Public Service 21ectrie & Cas Co. 6,254,934.00 PUD #1 of Chelan County (Wash.) 112,640.~0 PUD #1 of Clark County (Wash.) 350,590 53 PUD #1 of Douglas County (Wash. ) 36,750.00 PUD #1 of Franklin County (Wash. ) 70,700.00
, PUD #1 of Orays Harbor County (Wash.) 192,090.00 PUD #1 of Kittitas County (Wash.) '
5,900.00 PUD #1 of Klickitat County (Wash.) . - 29,950.00 PUD #1 of Letis Count / (Wash.) - 76,060.00
. PUD #1 of Pend Oreille County (Wash.) 5,000.c0 PUD #1 of Snohc=ish County (Wash.) 739,960.c0 PUD #2 of Orant County (Wash.)
- 161,690.00
. PUD #2 of Pacific County (Wash.) 3,934.c0
- r i PUD #3 of Mason County (Wash.) 51,900.00
~
Puget Ocund Pctrer & Licht Co. 1,835,439.c0
. - ~ .n. . ~ . . . - - . ..~. . -. --.m. _ _ - - -
y----.- - --y
- 0 -
10 -
- Total Pledce c'Wbution peree :ents (centinuedi I i
J:a::J e t n ee, C:op., Inc. (Kan.) -
, ,$ 7,425.00 Ft e.co2p h E :C C:rp. (N.C.) ,
22,723.59
~ The 2:nyle E.': (Ca.) 14,823.42 mn 3.cle nee., Coop. , Inc. (Minn. ) 8,205 54 It=3 5ti7: VAScy Coop. Power Asen. (Minn.) 10,n 2.78 It!,caled Dee, Coop,, Inc. (Ark.) ,
5,318.lo' Iti=h JiO=ttin Ecc. Coop. , Inc. (Ark. )
- 5,oco.co It:,1:r.oX: E!C (M.C. ) 12,807 91 Ite:hester Ga: & Elec. Corp. 950,000.co
. t Itasenu ne:. _C:=p. , Inc. . D'. inn. ) . _ .__ _ _ _ _.
6,330.00 It.U.T., Ece Cc p. , Inc. (N.D.) (includes an additional eash contributien of $1,cCO) 3,5co.co 5
- Et. O-01: C =ty Ilee. Cocp. (Wis.) 11,014.30 St. J::=ph '1;;ht & Power Co. , 171,110.0c E11=:n ?.i r:r ne:. Cocp. , Inc. (Idaho) 3,75o.co E lt ?.tver ?ref e:t Agricultural I=prevenent &
E ver.D10 ri:: (/ 7:.:. ) 1,c80,225.Co Drs '::1:p C:s & Ilectric Co. 1,490, coo.00 - D :tcc E :. C: p., !ne. (S.C.) 37,58o.00 E=5;;V1 h C =.ty Elee. Coop. Assn. (Kan. ) B,516.co Ebelt7 E::. C ep. (In. ) , 16,449 10 Ehest=desh inney Elec. Ceep. (7a.) 34,0c0.00 Sherrard 7 wer Sy: ten 10,000.00 Eb yceno Van ey E :c. Cocp., Inc. (N.D.) . 5,000.00 Eh'>4!: Te'.for Corp. (!!o. ) 19,330.co E1:rrn 7::1ri: Tcwer Co. ho8,730.co Eicux center b nicipal Utilities (Iowa) 3,569 91 , Eleux 7t,ney D:pire Elec. Assn., Inc. (S.D.) 28,137.10 Els:b Tine 2:C (Sc.) 7,313.co C opo m ee Ceep., Inc. (N.D.) 5,996.70 Emoky llin Dec. Co0p. , Inc. (Kan. ) 4,280.c0 EcoT,y 7t\Mey Cec Coop. A:sn., Inc. (Kan.) 1,425.0c huth Cr.rolina ncetne & Gas Co. 1,582,301.co 9 e I w w ...- -%+ p
,. 11 .I Total.Pledce Contribution Acreenents (continued) ,
South Mississippi Elec. Pcwcr Asen. (See Appendix A) $ 233,767 57 South Plaines Elec. Coop., Inc. (Tex.) *
. 33,752.72 Southern California Idicen Co. 10,555,0C0.00 Southern Indiana Gas & Electric Co.
466,340.C0
< Southern Maryland Elec. Coop., Inc. , 129,440.00 Southside Elce. Cecp. (Va.) 44,076.86 Southwest Arkansas Elec. Coop. Corp. , '28,465.00 Southwest Texas Elec. Coop., Inc. 8,485.C0 , Southwestern Electric Power Co. 1,143,917.C0 ~
Springfield Utility Ecard (Ore.) . 43,950.00 Stanford Elec. Coop., Inc. (Tex.) 10,110.00 Sunner-Couley Elec. Coop., Inc. (Kan.) . 10,518.62 Surprise Valley Elec. Corp. (Cal.) - 8,680.00 Surry-Yadkin EMC (N.C.) 17,653 77 Swisher County Elec. Coop. , Inc. (Tex.) 19,000.00 - Talquin Elec. Cocp., Inc. (Fla.) 30,865.00 Tanner Elec. (' dash. } 1,900.00 Taylor County Elec. C0op. ('a'i s . ) 5,720.C0 Taylor Elec. Coop., Inc. (Tex.) 13,628.25 Tennessee Valley Authority (See Appendix C) 21,7C0,000.00 Texas Electric Service Co, 2,744,5CO.CO t Texas Power & Light Co. 2,220,C00.00 ! Three Notch EMC (Ga.) . 18,549 00 l Three Rivers Elec. C0cp. (Mo.) 17,660.00 Tideland ZZC (N.C.) 10,904.62 Tillancok People's Utility District (Cre.) 54,645.C0 Tipnent REMC (Ind.) 24,683.C0 Tongue River Elec. Coop. , Inc. (Mont.) 5,864.C0 t Trenpealcau Elec. Coop. (Wis. ) 13,316.00 i Tri-County Elec. Coop., Inc. (Ill.) 20,895.33 Tri-County Elec. Coop. (Minn.) , 24,000.C0 Tri-County Elec. Cecp. (Va.) 8,293.23 U.C.I. Corporatica ., 113,059 70 Unntilla Elec. Coop. \czn. (Orc.) 26,320.00 , L .. _
, . . , 12 - .
Total Pledre Contribution Acreements (centinued) e . . j Union Elcetric Co. (See Appendix B) $ 4,o73,c00.Co I *
, The United Illur.inating Co. $96,800.00 . ' Utah Power & Iight Co. . '1,284,200.C0 8- Vera Irrigation District #15 (Wash.) 16,290.Co
[ Verdigris Valley nee. Coop., Inc. (Okla.) 20,000.00
. The Victory nee. Coop. At a. (Kan.) .
6,187 50 ViB11 ante Elec. Coop., Inc. (Mont.) 7,660.16 Virginia Elec. Coop. (Va.) 43,167.90
' Virginia Electric t.: Power Co. 5,253,500.00 , Walten ETC (Ga. ) 36,000.C0 l ', Washingten n ee. Coop., Inc. (Vt.) 8,510.C0 l . Washington Water Power Co. l',021,110.00 ,- Vaterford nectric I.ight Co. 3,413.c0 l
i Waushara County n ec. Coop., Inc. (Wis.) 5,535.36 Wayne Uhite Counties C ec. Coop. (Ill.) 46,813 30 West Central n ee. Coop., Inc. (S.D.) - 12,640.C0 West Plaines Elec. Coop., Inc. (N.D.) , ' n,465. co l t West River Elec. Assn., Inc. (S.D.) . n ,520.c3
~
West Texas Utilities Co. ' 536,c00.c0 ( , Western Illinois n ec. Cocp. , 7,294.71 Wheatland Elec. Coop., Inc. (Kan.) 44,012.35 White River Valley Elec. Coop., Inc. 20,519 10 Wild Rice Elec. Coop., Inc. (Minn.) . 12,673.30 Winnebago REC Assn. (Iowa) 7,090.C0 Wisconsin n ectric Power Co. (See Appendix 3) 2,881,250.00 Wisconsin Power t.: I.ight Co. 810,88C.00
- Wisconsin Public Service Corp. 858,300.00 Withlacoochee River Elec. Coop., Inc. (na. ) 27,978.C0 Wright County REC (Iowa) 8,61P.00 Total (377 Agreenents) 2256,899,Mo.e7 l l s 1
.. . 1 l ,
l . 1
Total Pled e
, Letters of Intent .l
- City of Banden (Ore.) , $ 4,190.00(1)
City of McMinnville, Water & Light Dept. (Ore.) 39,810.00 Total (2 letters of intent) $ h4,000.00 Total (379.pledses) . 42=6.ch9.269.99 Cash Cent $1butions . Central Iowa Power Coop. (Appendix D) $ 20,232.13 Central Kansas ?cwer Co. 24,000.CO Corn Belt Assn. of Elec. Cocps.'(Appendix D) 13,94S.32 Dixie RIC (Utah) - 47.h0 Indian Elec. Ceep., Inc. (Okla.) 100.00 Newberry Elec. Ceep., Inc. (S.C.) ' 5,430 96 Oklahona Gas & Elec. Co. - 572,593.07 Osceola Elec. Ccep., Inc. (Icua) 100.00 Total (8 cash centributiens) $ 636.h56. : GRMID TCTAL , $257,579,726.87 (1) Withdrew from the Project en Decenber 3,1981 with $h,190 renainine en pledge.
. Su~=ar.- , Nunber of Utilities , . Represented Total Sur ort Contribution Agreenents (377 e.necuted
! representing utili-ies listed i:ove l and in Appendices A, 3 and C) 724 $255,899,269 99 Letters of Intent 2 h4,000.00 - Cash Centributions (3 centributions
. representing utilities snc.in in Appendix D) 27 636.h52. :
l Total . 753 $257,579,726.87 l l l
.....m m.e rdu.4 ..-s m . . .,. .., . .n. e . . . . . C . . . . . 1. . . i Utilitics I::1uded in the Pled-c er a f.: ber "' t E1: Exec.ted. : C::.
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APPENDIX B BREES REAC'"CR CG7CM'l'IC?! . Utilitics T.=cluded in the Pledge of a !.c=ber That has Executed a Cen-tributien ..reerent in surrett of the L JBM Demenstratien Plant Profeet
. Investor-Cened Utilities The Cincinnati Cas & Electric Co.: '
Union Licht. !!est & Power Co. (Ky.) *
; Eastern Utilities Associates:
l Blackstone Vallev Electric Co. (P..I.) j'
! Brockten Edisen Co. U: ass.) .
- l l
l Tell River Electric Licht Co. (Mass.) Hinnesota Peter L li-ht Co.:
'{ ;
i
} Suntrint Unter. Licht and Power Co. (Wisc.)
- New Englend Ces & Electric Association: ,
I Cembridte Electric Licht Co. (Mess.) , , Cape L Vineyard Elec. Co. (Mass.)
- New Bedferd Ces & Edison Lizht Co. (Mase.) l New En-la-A Power Cn-nesy:
Granite State Electric Co. (:!.11.) Hassachusetts Electric Co. D' ss.) - Naracansett 11ectric Co. (R.I.) . t New Eng1ced Fever Ca. U: Ass.) 'i Northeast Utilities sarvice Comenny:
., Connecticut Li-ht & Power Co. (Conn.) . j . Harticrd Electric Lf-h? Co. (Conn.)
l Holyoke Unter Feuer Co.. ( :rss.) - l Western !rssac'eSetts Electric Co. (:ess.) Northern St.-tas To ar C .. nany: .
. Northern States Pe.ar Co. (Utse.) ..
Crante and Rect-land Utilities. Inc.:
- RoeF1 nd F.lectri- Co. U!.J.) -
- Philadel-hia Ele'et-* c C-enanv: .
Conosineo Fn"er Co. Q.d.) Union Electric Cc nanv:
- Missouri Pover & Lith: Co. ,
Missouri Edisen Co. Wisconsin Electric Pn~er Co. Wisconsin Michinan Fever Co. (*Jisc.) .
. Total - 22 utilities in:1uded i= pledges of members i
l
r l
l . 1 1 \ l 4 \ . l . .
~ = e.- = .- ~-=
. , APTC.'D1I C Page 1 of 2
_ BREEDER REACTOR CORPCMTICM Utilities Included in tr.e Pleccc of a Ac=ter That has Executed a Cen- _tributien A reement in buceert of the U.J H Demenetratten pignt preycet _ Tennessee Valley authority Municipal Distributors , Aberdeen, Miss. $ 25,268 Lebanon, Tenn. 42,764 Albertville, Ala. 35,627 Lenoir City, Tenn. 71,336 Alcoa, Tenn. . 50,963 Lewisburg, Tenn. 25,575 Amory, !!is s. 17,698 texinnten. Tenn. _ 48,181 Athens, Ala. 74,817 Louden, Tenn. 19,892 Athens, Tenn. 53,226 Louisville, Miss. 21,250 Benton, ry. 9.557 Hacon, Miss. 4,360 Benten County, Tenn. 24,678 Maryville, Tenn. 52,367 Bessemer, Ala. 35,601 Mayfield, Ky. 22,674 . Bolivar Tenn. 30,160 McMinnville. Tenn. 35,896 Bowlinr. Creen, Ky. 80,363 Memphis, Tenn. 1,610,619
, Bristol, Tenn. 115,487 Milan, Tenn. 36,220 . Bristol, Va. 60,928 lbnticello, Ky. 7,120 . Brownsville, Tenn. 13,110 Morristevn. Tenn. 64,398 Carroll County. Tenn. 55,67A Et. Pleasant. Tenn. 13,588 Chattanocae Tenn. 1,061.118 Hurfreesboro'. Tenn. 82,654 Chickamauga, ca. 10,865 Eurphy, N.C. 21,642 Clarksville, Tenn. 88,452 L%rray, Ky. 42,817 . Clevelend, Tenn. 117,463 Muscle Shoals. Ala. 22.338 . Clinton, Tenn. 63,430 Nashville, Tenn. 1,455.287 Columbia. Teen. 72,901 New Albanv. Liss. 26,637 Columbus, Utss. 66,220 Newborn Tenn. 4,991 Cookeville, Tenn. 39,992 Newport, Tenn. 50,307 courtland, Ala. 2,564 Cak 31dge. Tenn. 69,428 Covingten Tenn. 16,$71 okolona. Miss. 11,546 Cullman, Ala. 42,793 '
Cxford, Miss. 14,254 Dayton, Tenn. 22,277 Paducah. Ky. 72,774 Decatur, Ala. 180,042 Paris, Tenn. 5A,486 Dickser., Tenn. 53,874 Philadelphia, Miss. 14,049 Dyersburn Tenn. 50,951 Princeton, Kv. 10,343 ElizabetFten Tenn. 77,2 P 5 Pulaski, Tenn. 40,171 Irwin, Tenn. 30,786 Ripley, Tenn. 25,726 l Etowah, Tenn. 16,840 Rockweed, Tenn. 36,297 Tayetteville, Tenn. 49,718 Russellville. Aln. 17,090 Florence, Ala. 136,870 Russellville, Kv. 16,816 L Ft. Payne, Ala. 20,832 Scottsboro, Ala. 31.347 Tranklin, Ky. 18,030 Sevierville, Tenn. 65,891 Tulton, Ky. 7,406 Sheffield Ala. 77,547 Callatin, Tenn. 36,523 Shelbyville, Tenn. 46,611 Clastov, Ky. 24,877 Smithville, Tenn. 8,186 Creenville, Tenn. 100,965 Somervilla. Tenn. 5,584 Cuntersville, Ala. 27,667 Sparta. Tenn. 12.075
. Barrican. Tenn. 63,719 Sprin:fiald, Tenn. 23,071 ~
Hartselle Alm. 16,786 Starkville, t.is s. 31,271 H ic km.,n , Ky 2,099 Sweetwater. Tenn. 19,665 Holly snrings, !:iss. 23,397 Tarrant City, Ala. 15.265 Ropkinsville, Ky. 54,916 Trenton, Tenn 10,055 Humbold t , Tenn. 25.016 Tullahoma, Tenn. 38,945 Huntsville, Ala. 487,775 Tupelo, Miss. 71,229 Jackson Tenn. 138,320 Tuscumbia, Ala. 20,581 Jellico, Tenn. 8,610 Union City, Tenn. 41,779 Johnson City. Tenn. 193,441 Vater Valley, Miss. 7,561 Knoxville, Tenn. 735,771 Weakley County. Tenn. 69,420 l La To11ette, Tenn. 35,341 West Point, Miss. 13,244 Lawrenceburg, Tenn. 54,615
- Winchester Tern. 13,962 s
1 l y - - - -
s' 8,
- APPICOlX C Fece 2 of 2 i
BKEEDER REACTCR CORPCNATTC'! . i p
- Utilities included in the Pled. e of a Mer.ber That Has Executed a Con. l
_tributien arret ent in 5 ser:rt of the L'??R Cemenstratien F12.t Project l [ . Tennessee Valley Auta:rity ' l Coonerative Distributers Summary . l
. Alcorn County EPA, Miss. 3 56,755 110 1:unicipalities 4 9,752,h61 j ' Appalachian EC, Tenn. 89,475 $O Coo;erattves 3,151,333 ; Arab EC, Ala. -
27,477 1 Pvt. Cer.;any
. Blue Ridge.1:tn. EF.C. Ca. , 31,766 ___, (Franklin PkL) 23,201 Caney Fork 'ic. Tenn. 63,424 Central IPA. Mis s. 38,421 L6J Total-TVa Distributer: f12,c27.Ch5 Cherokee EC. Ala. 28,135 Chickassv EC. Tenn. .
21,567 . ,(include: in TVA's centribution Cullman EC. Aln. 64,501 of 421,7C0 3C00) Cunberland EMC, Tenn. 135,851
, Duck River EMC, Tenn. 134,225 East !:iss. EPA. ..iss. 24,916 Torked Deer EC. Ter.n. 15,4S1 *- Tort Lcudoun EC. Tenn. 37,891 4-County EPA, Miss. 78,203 Trank11n EC. Ala. 16,118 .
Cibson County c:C , Ter.n. 106,020 Rickman Fulton Cos. P.ECC. Ky. 26,773 Holston EC. Tenn. 71,243 Joe Wheeler c:C Ala. 82,057 Marshall LeKalb EC, Ala. 35,113 Herivether Lewis 40. Tenn. 109,243
. Middle Tenn ;MC, Tenn. 152,762 .
Monroe Cour.ty C A, :*iss. 16,670 Mountain EC, Tenn. 47,820 Natchez Trace EPA, :iss. 38,157 N. Alabama EC, Ala. 60,490 Northeentra l Mis s. EF.*., !!is s. 14,362 .I N. E. Mi s s. EF A, '. Mis s . 39,945 - North Geor ia L::C. Ca. 196,386
- Pennyrtle RICC, Ky. 125,287 Pickwick E . Ter.n. 44,547 Plateau EC. Ter.n. 25,745 Pontotec L: A, !:iss. 33,133 Pove11 Vallee EC, Va. 38,949 Prentiss Ceunty C?A. 1:iss. 30,773 -
Sand Mountain EC Ala. 49,703 Sequachee Valley EC. Tenn. 75,157
- 3. W. Tenn. EMC, Tenn 77,272
'Tallahatchie V. E?A. Miss. 46,527 ~
Tenn. Vallev EC, Tenn. 41,752 Tippah ETA. Miss. 29,1S9 Tishominao County Ci A. hiss. 25,'303 Tombtebee EPA. Mis s. 65,815 Tri-County EMC, Tenn. 94,981 Tri-Cta te E::c, Tenn. 26,841 , Upper Cumberiand LMC, Tenn. 85,070 Volunteer EC. Tenn. 138,279 Warren RECC Kv. 130,235 . W. Kentucky T.ICC, K7 . 105.068
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&A 4.f G OURP 1UTE PIAttr UCT c'rttWIE - IM3 (10T In Millions of 1974 follars %
Escalatoi at 84 Orpumuhl 74 75 76 76T 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 1strE PINtr ItM:ritt2fr idid" get w;gstg2ft .1 3.3 11.6 4.5 41.8 30.7 22.1 19.5 29.1 48.2 60.8 46.4 21.9 8.3 348.3 AF: f(uztestfr 1.4 1.5 14.3 8.6 1.6 .2 .4 10.0 oscnes rsiga .3 .6 1.6 1.2 1.5 2.1 2.6 4.0 17.1 32.1 45.9 64.2 59.4 32.7 10.1 1.6 (2.8) 274.2 e itt I:s.ita1 Rita; 4.9 6.4 8.0 2.2 9.6 8.6 13.7 9.0 9.8 10.0 5.5 4.7 5.1 4.4 4.0 3.0 3.0 3.6 115.5 Ac m;1Nt2Rits; 4.3 7.7 10.8 3.6 13.0 11.9 12.3 11.9 10.3 6.4 2.1 1.9 2.3 2.6 2.7 2.2 1.0 .7 107.7 i:r2JATI(ta 1.4 5.1 1.9 18.7 20.1 24.7 26.2 39.6 63.9 101.2 112.1 105.6 124.4 117.6 75.3 31.5 14.5 (7.9) 877.9
- AtrtutE 9.3 18.8 35.8 12.8 84.7 72.5 74.3 68.7 92.8 136.0 20 3.0 205.8 182.4 204.1 184.1 113.2 45.6 20.4 (10.7) 1,753.6 tw j tU;11M2fr .6 2.0 2.2 .2 1.2 1.5 3.8 15.5 9.3 1.7 .2 .4 38.6 U ttraw sfrl(N .1 .2 .8 .5 1.1 .9 1.3 2.0 8.4 15.8 22.6 31.6 29.2 16.1 5.0 .8 (1.4) 115.0 N: 12a;1rRIRitsi 2.8 2.4 1.1 .4 3.0 2.6 3.7 2.6 2.2 1.4 .4 .4 .5 .5 .6 .5 .2 .1 25.4 c3'/J ATifsi .2 .3 .1 1.6 2.1 2.5 2.8 3.7 6.4 25.3 30.6 34.1 50.7 53.6 33.0 11.6 2.4 (3.9) 257.1 b1srit r!E 2.8 2.6 2.1 .7 7.4 7.4 7.5 7.5 8.7 13.6 49.6 56.1 58.9 83.0 83.8 49.6 16.8 3.3 (5.3) 456.1 l' Intr utiT 1ttrAt. 12.1 21.4 37.9 13.5 92.1 79.9 81.8 76.2 101.5 149.6 252.6 261.9 241.3 287.1 267.9 162.8 62.4 23.7 (16.0) 2.209.7 Ital FN1 (1NITI AL) .1 .1 .2 .1 .3 1.0 1.4 2.1 13.2 12.7 3.3 3.1 37.6 nn'AI ATI(t1 .1 .3 1.0 1.6 1.1 20.8 22.7 6.7 6.8 63.1 SatrI41. to1EAlt mTIFIE 1.0 5.7 3.3 10.0 PIArtr Itst:me2tr 1UrE 12.1 21.4 38.0 13.6 92.4 80.0 81.8 76.2 101.5 150.2 254.6 264.9 247.5 326.8 306.6 172.8 72.3 23.7 (16.0) 2,320.4 02Msiatit2tr "iift2iniih*1ts; 13.0 26.5 32.1 8.8 37.3 29.9 28.4 32.6 24.6 19.1 10.7 4.8 2.1 .5 .1 .1 270.6 IJ:aAHin 6 It3/tJtittuffr .4 15.1 20.5 7.7 29.5 28.6 30.7 33.4 22.4 3.7 1.5 .5 194.0 I taula'r (aram 4.4 3.5 5.1 1.5 4.9 3.6 3.2 4.0 4.2 5.4 5.2 5.0 4.5 4.9 4.3 4.1 2.9 70.7 CTAIATim 3.6 9.6 3.3 20.3 24.1 31.0 43.2 37.5 24.8 17.9 12.5 9.3 8.8 8.1 8.5 6.6 269.1 to A2(4M2fr 1 Urn 17.8 48.7 67.3 21.3 92.0 86.2 93.3 113.2 88.7 53.0 35.3 22.8 15.3 14.2 12.5 12.7 9.5 804.4 otutatita; lit uf2'r (4YIG 2.0 1.4 1.0 .6 .4 .4 6.3 Ottu. 6 mittrt2WaE .1 1.1 3.4 4.2 4.8 5.9 9.7 11.8 ' 11.4 11.3 11.3 ilii 86.1 11e1. FNi UtEtte) .3 .5 5.9 6.7 12.4 12.8 8.0 4.9 2.4 51.9 MCAI Atl(84 .1 2.1 6.4 18.1 23.0 40.8 61.1 58.6 53.2 49.3 45.0 47 5 405.2 StarlUI4 .1 .1 3.5 10.3 28.2 34.5 59.1 85.6 79.8 70.5 63.8 %7.n 54.0 551.1 le?fu8t (5.7) (18.5) (23.0) (31.4) (36.2) (M.8)(ISI II tirALATi(ti (14.2) (51.1) (70.5) (106.7) (l 35.9) (149.7) ($28.1) otutATitx11UrE .1 .1 3.5 10.3 28.2 34.5 59.1 65.7 10.2 (23.0) (74.3)(115.1)(127.0)(121.7) i Em'ALATI(t31UTE 5.2 15.0 5.3 40.7 46.3 58.2 72.2 80.8 95.4 147.5 156.d 154.2 211.1 220.1 146.5 97.3 63.8 (4.3p (17.3) (57.4) (90.9) (102.23,3N 1 y IWuML*r Surn 29.9 70.1 10 5.3 34.9 184.4 166.2 175.1 189.4 190.2 203.3 290.0 287.7 266.9 351.3 347.3 220.0 140.9 89.4 (5.8) (23.0) (74. 3) (115.1) (127.f1 997.1
!!XIJATIW FN'It46 1.000 1.080 1.166 1.188 1.283 1.386 1.497 1.616 1.746 1.885 2.016 2.199 2.375 2.565 2.770 2.992 3.231 3.489 3.769 4.070 4.396 4.742 5.121 e
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, ., + t 6 OBIP MyrAL PINfr GYrr ESTIm1E - OffTna12aN At20erKE In Millims of 1974 Ibtlers Escalate 1 at 8% Qvin nh=d I 74 75 76 767 77 78 79 80 81 82 83 84 8s 86 87 88 89 90 91 92 91 94 95 7FrAL Pihfr IPM's1M2fr idSS in tullitt2ft 1.4 2.1 1.4 .5 .2 5.6 AE IUllitt2ft .2 .3 .2 .I .8 QIemasrldN 2.0 5.1 6.0 8.0 7.5 3.7 1.0 .1 35.4 Ici Et4;Itak.RItC .6 2.1 1.2 .9 .5 .3 .3 .2 .2 .1 6.4 AP. PH;ltaritItC .9 .6 1.1 .5 .3 .1 .1 .1 .1 3.8 IFAIATILH 1.1 '4. 3 6.4 9.6 10.2 13.5 14.0 9.0 2.6 1.0 70.7 stfr!Ut%I. 2.6 9.1 12.6 17.7. 17.6 22.1 21.9 12.0 3.9 1.2 120.7 Eu c i EOffitt2fr .2 .3 .2 .1 .8 a ttm41L*PIfN 1.0 2.5 2.9 3.9 3.7 1.8 .5 .1 16.4 Ns ita;Ita?.RitC .3 .2 .1 .1 .7 PJJJ AT!t u .2 .4 1.6 3.4 4.3 6.4 6.7 3.6 1.0 .2 27.8 stararrAL .5 .8 3.0 6.2 7.3 10.3 10.4 5.4 1.5 .3 45.7 FINfr Ob7 UFIAL 3.1 9.9 *15.6 23.9 24.9 32.4 32.3 17.4 5.4 1.5 166.4 ttFL FN! (INITIAIJ .1 .2 .3 1.9 1.9 1.1 .4 5.9 rsrATATIrte .1 .1 .5 3.1 3.5 2.3 .9 10.5 Sit 311AI. PRAJEAR m11:kIAL PtRfr Itws'Itt2fr strAI. 3.1 9.9 15.8 24.2 25.7 37.4 37.7 20.8 6.7 1.5 182.8 l M;1 Ants 2fr 'l+i ih;d42 R1tC 2.9 1.0 .4 .2 .1 4.6 I42TJut11 & ttNEIntt2fr .1 .1 .1 .3 Pfunrr MT!a: .6 .2 .2 .2 .2 .2 .1 .2 .1 2.0 PKAI ATI(N 2.6 1.1 .8 .5 .4 .4 .3 .4 .3 6.8 ISEIHtt2fr 1UTAL 6.2 2.4 1.5 .9 .7 .6 .4 .6 .4 13.7 O'ElrATItC ~I'ibhii m7ttE .1 .1 .1 .3 ut:H. 6 Mitfl12 Fiat .3 .1 .4 f1El. Fall (1+:IJ AD) 1.0 .6 .1 .2 .2 .I 2.2 PSAIATI(N 1.4 .8 .2 .2 .2 .1 2.9 SttrIUrAL l RM2Ct; DECAIATI(N hl GERATIPC 1Ul%L 1.4 .8 .2 .2 .2 .1 2.9 PENEATEGJ 1UIAL 3.9 5.8 8.9 13.6 15.4 23.4 24.5 14.3 4.8 2.2 .6 318 8 .1 .2 .2 .1 Pin &XT. 1UrAI. . 9.3 12.3 17.3 25.1 26.4 38.0 38.1 21.4 7.1 2.9 .8 .2 .2 .2 .1 199.4 EKAIATI(H t%CluG 1.000 1.080 1.116 1.180 1.283 1.386 1.497 1.616 3.746 1.885 2.0 36 2.119 2. 375 2.565 2.~9 2.992 3.231-3.489 3.769" 4.070 4.396 4.742 5.121 9
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4 cese WrA1. rter or;T mTuwlt - twa: can ruc awrita22cr In ttillium of 1974 tblins g Escalatal at 8% nagursh! 74 75 76 767 77 78 79 80 81 82 83 84 05 86 87 88 89 90 91 92 91 94 95 WE I fRtr IPrXS'1192tr tens IH IUIIMa try .I 3.3 11.6 4. 5 - 41.0 30.7 22.1 19.5 29.1 49.6 62.3 47.8 22.4 8.5 353.9 M tVIItt 2rr 1.4 3.7 14.6 8.8 1.7 .2 .4 30.8 usamottl(N .3 .6 1.6 1.2 1.5 2.1 2.6 4.0 19.1 37.2 51.9 72.2 66.9 36.4 11.1 1.7 (2.8) 307 ' ,l IN UCIta2Rrtal 4.9 6.4 8.0 2.2 9.6 8.6 13.7 9.0 10.4 12.1 6.7 5.6 5.6 4.7 4.3 3.2 3.2 3.7 121.9 M EKr.tt42.RDC 4.3 7.7 10.8 3.6 13.0 11.9 12.3 11.9 11.2 7.5 2.7 2.4 2.6 2.7 2.8 2.3 1.1 .7 lit.5 t:2CAIATitN 5.1 1.9 18.7 20.1 24.7 26.2 40.7 68.-2 109.6 121.7 115.8 137.9 131.6 83.3 34.1 15.5 948.6 1.4 (7.9) starlorAI 9.3 18.8 35.8 12.8 84.7 72.5 74.3 68.7 95.4 145.1 215.6 223.5 2u0.0 226.2 206.0 125.2 49.5 21.6 (10.7) I'834 3 Eu r tuniM2tr .6 2. 0 2.2 .2 1.2 1.5 4.0 15.8 9.5 1.8 .2 .4 39,4 utt meCTICN .1 .2 8 .5 1.1 .9 1. 3 2.0 9.4 18.3 25.5 35.5 32.9 17.9 5.5 .9 (1.41 153,4 M DCItaEPIPC 2.8 2.4 1.1 .4 3.0 2.6 3.7 2.6 2.5 1.6 .5 .5 .5 .5 .6 .5 .2 .1 26.1 132fATI(N .2 .3 .1 1.6 2.1 2.5 2.0 3.9 6.8 26.9 34.0 38.4 57.1 60.3 36.6 12.6 2.6 (3.% 284.9 Stifluth 2.8 2.6 2.1 .7 7.4 7.4 7.5 7.5 9.2 14.4 52.6 62.3 66.2 93.3 94.2 55.0 18.3 3.6 (5.3) 501.8 PINfr UET WrAL 32.1 21.4 37.9 13.5 92.1 79.9 81.8 76.2 104.6 159.5 268.;2 285.8 266.2 319.5 300.2 180.2 67.8 25.2 (16.0) 2.376.1 11t1 FM (!NITIAIJ .1 .1 .2 .1 .3 1.1 1.6 2.4 15.1 14.6 4.4 3.5 43.5 IS'AIATI(84 .1 .3 1.1 1.7 3.6 23.9 26.2 9.0 7.7 73.6 SMUIE DAC1&%R M1 ERIE 1.0 5.7 3. 3 10.0 PIAlfr ItNES*Itt2fr WrA!. 12.1 21.4 38.0 13.6 92.4 80.0 81.8 76.2 104.6 160.1 270.4 289.1 273.2 364.2 344.3 193.6 79.0 25.2 (16.0) 2.503.2 IDEIIIM2fr lii diilt4IRItC 13.0 26.5 32.1 8.8 37.3 29.9 28.4 32.6 27.5 20.1 11.1 5.0 2.2 .5 .1 .1 275.2 renAn3I & InNEttite:ttr .4 15.1 20.5 7.7 29.5 28.6 30.7 33.4 22.5 3.8 1.6 .5 194.3 rnmer uylc 4.4 3.5 5.1 1.5 .4.9 3.6 3.2 4.0 4.8 5.6 5.4 5.2 4.7 5.1 4.4 4.3 3.0 72.7 IS;AI Atif ta 3.6 9.6 3.3 20.3 24.1 31.0 43.2 40.1 25.9 18.7 13.0 9.7 9.2 8.4 8.9 6.9 275.9 IEE!48M2fr WlE 17.8 48.7 67.3 21.3 92. 0 86.2 93.3 113.2 94.9 55.4 36.8 21.7 16.6 14.8 12.9 13.3 9.9 838.1 (at:!GTItC
~ N Mi GTim 2.1 1.5 1.1 .8 .7 .4 6.6 Ot;H. & MItfl124Att'E .1 11.3 11.3 11.1 86.1 1.1 3.4 4.2 4.8 5.9 9.7 11.8 11.4 "*1 I'M III#M .3 .5 5.9 6.7 12.4 13.1 8.1 4.9 2. 4 54.3 18WATIO3 .1 2.1 6.4 18.1 23.0 40.8 62.1 59.2 53.3 49.5 4L2 47.6 407.4 StarturE .1 .1 3.5 10.3 28.2 34.5 59.1 87.0 80.6 70.7 64.0 57.2 59.1 554.4 itMEt: , (5.7) (18.5)(23.0) (31.43 (36.2) (36.31 (151.1) tSWATI(N (14.2) (51.1)(70.5)(106.7)(135.9)(149.7) (528.1)
MTitC WI'AI. .1 .1 3.5 10.3 28.2 34.5 59.1 67.1 11.0 (22.8) (74.1)(114.9)(126.9) (12 O ) t3'AIATI(N WrE 5.2 300 5.3 40.7 46.3 58.2 72.2 84.7 101.2 156.4 170.4 169.6 234.5 244.6 160.8 102.1 66.0 (3.7) (17.2) (57.2) (90.7)(102.1) 1.462.3 PIOMET WrE 29.9 70.1 105.3 34.9 184.4 166.2 175.1 189.4 199.5 215.6 107.3 312.8 ?93.3 389.3 385.4 241.4 148.0 92.3 (5.0) (22.8) (74.1) (114.9)(126.9) 3.1%.5 IS'AIATI(N FAL'IUHS 1.000 1.080 1.166 1.1P8 1.203 1.386 1.497 1.616 1.746 1.885 2.036 2.199 2.375 2.565 2.770 2.992 3.231 3.489 3.769 4.070 4. 3% 4.742 5.121
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