No statutory provision requiring or authorizing a Federal utility to transmit electric power or to construct, operate, or maintain the transmission system of the Federal utility prohibits a transfer of control and use of the transmission system pursuant to, and subject to, the requirements of this section.
42 U.S. Code § 16431. Federal utility participation in transmission organizations
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(a) DefinitionsIn this section:
(1) Appropriate Federal regulatory authorityThe term “appropriate Federal regulatory authority” means—
(2) Federal power marketing agency
(3) Federal utilityThe term “Federal utility” means—
(4) Transmission Organization
(c) ContentsThe contract, agreement, or arrangement shall include—
(1) performance standards for operation and use of the transmission system that the head of the Federal utility determines are necessary or appropriate, including standards that ensure—
provisions for monitoring and oversight by the Federal utility of the Transmission Organization’s terms and conditions of the contract, agreement, or other arrangement, including a provision for the resolution of disputes through arbitration or other means with the Transmission Organization or with other participants, notwithstanding the obligations and limitations of any other law regarding arbitration; and
(d) CommissionNeither this section, actions taken pursuant to this section, nor any other transaction of a Federal utility participating in a Transmission Organization shall confer on the Commission jurisdiction or authority over—
the power sales activities of the Federal utility.
(e) Existing statutory and other obligations
(1) System operation requirements
(2) Other obligationsThis subsection does not—
suspend, or exempt any Federal utility from, any provision of Federal law in effect on August 8, 2005, including any requirement or direction relating to the use of the transmission system of the Federal utility, environmental protection, fish and wildlife protection, flood control, navigation, water delivery, or recreation; or
authorize abrogation of any contract or treaty obligation.