republic-os/legal/us/code/title-40/chapter-179/section-17902.md

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LegalText	40 U.S.C. § 17902	Sale of electric energy	us	united_states_code	code_section	40	PUBLIC BUILDINGS, PROPERTY, AND WORKS	179	ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP	17902	40 U.S.C. § 17902	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip	/us/usc/t40/s17902	data/legal/raw/us/code/title-40/usc40.xml	00db171a73f1dc27981e3d8eebcf6351cbfe57e9278fb32e5137a07f65631f4c	9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29	1ccb59b51a5b72eaca800194cf563f72574c1529f280760dcaadf2d63415b966	2026-07-04	official	legal us-code

40 U.S.C. § 17902 - Sale of electric energy

Text

(a) In General.— To conserve oil and natural gas and better utilize coal, the head of a federal agency may sell, or enter into a contract to sell, to any non-federal person electric energy generated by coal-fired electric generating facilities of that agency in Alaska without regard to any provision of law that precludes the sale when the electric energy to be sold is available from other local sources, if the head of the federal agency determines that—

(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.

(b) Pricing Policies.— Federally generated electric energy sold by the head of a federal agency under subsection (a) shall be priced to recover the fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale, plus an amount equal to one-half the difference between—

(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.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1289.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1790240:795a.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.