(1) the electric energy to be sold is generated by an existing coal-fired generating facility;
(2) the electric energy to be sold is surplus to the federal agency's needs and is in excess of the electric energy specifically generated for consumption by, or necessary to serve the requirements of, another federal agency;
(3) the cost to the ultimate consumers of the electric energy to be sold is less than the cost that, in the absence of the sale, would be incurred by those consumers for the purchase of an equivalent amount of energy; and
(4) the sale will reduce the total consumption of oil or natural gas by the non-federal person purchasing the electric energy below the level of consumption that would occur in the absence of the sale.
(1) the costs of producing the electric energy by coal generation; and
(2) the costs of producing electric energy by the oil or gas generation being displaced.Open Table
|Source (U.S. Code)||Source (Statutes at Large)|
|17902||40:795a.||Pub. L. 96–571, §3, Dec. 22, 1980, 94 Stat. 3341.|
In subsection (a), the words "to be sold" are added for clarity. In clause (4), the words "below the level of consumption that" are substituted for "below that consumption which" for clarity.
In subsection (b), before clause (1), the words "fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale" are substituted for "fuel costs and variable operation and maintenance costs of the Federal generating facility concerned which costs are attributable to such sale" for clarity.