S. 885, Pacific Northwest Electric Power Planning and Conservation Act

The issue addressed was the extent to which the Pacific Northwest Electric Power Planning Council may direct, limit, or veto the actions of the Bonneville Power Administration (BPA). The Council's primary responsibility would be to prepare a regional electric power plan within 2 years after the bill is enacted. The bill provides BPA with new authorities to implement conservation measures and to develop new sources of electric power supply in a manner that is consistent with the objectives of the Council's plan. In order for the BPA Administrator to take any action that is inconsistent with the plan, or that the Council does not approve of, he must obtain specific congressional approval. The bill raises the question of whether Congress may give a federal/state regional organization, containing state members, authority with respect to federal activities in the region. In order to clarify this question, it was suggested that the bill be changed to give the Secretary of Energy discretionary authority to approve a BPA activity that Council action or inaction has prevented. Under this proposed change, the Secretary of Energy would have the power to reassert federal authority when the Council's action is inconsistent with the federal interest.