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B-210929 1 (1983-08-02)

handle is hein.gao/gaobabklb0001 and id is 1 raw text is: 





                      CoMPTi LLER QE ERAL OF THE UNITED STATES
...../ /' WASHINGTOW D.C. 20548

B-210929                                    August 2, 1983

                           1                          11111 1)III )! II 1111/ 11 I I

 The Honorable James Weaver                                 124
 Chairman, Subcommittee on Mining;
    Forest Management and Bonneville
    Power Administration
 Committee on Interior and Insular
   Affairs
 House of Representatives

 Dear Mr. Chairman:

      Your letter of February 16, 1983, requests our views
  concerning the Bonneville Power Administration's (BPA)
  authority to finance, from BPA's ratepayer revenues, the com-
  pletion of construction of the Washington Public Power Supply
  System (WPP SS Projects 2 and 3. We have limited our discus-
  sion to Project 2 since BPA presently proposes to fund com-
  pletion of construction only for this project. However, we
  recognize that the legal issues are not unique to Project 2.

       BPA has agreed to pay, through net billing or by direct
 disbursements from the BPA Fund, for the remaining Project 2
 construction costs as they are incurred. We conclude that
 such payments are within BPA's broad statutory authority. In
 our view, the 1971 Public Works Appropriation Act, when read
 in conjunction with BPA's contracting and expenditure author-
 ity in the Bonneville Project Act, 16 U.S.C. 5 832a(f), the
 Pacific Northwest Power Planning and Conservation Act, 16
 U.S.C. S 839f(a), and the Federal Columbia River Transmission
 Systems Act, 16 U.S.C. § 838i(b), authorizes these payments.
 The appropriation act provided express congressional recogni-
 tion of BPA's authority to acquire, and to pay for by net
 billing, the generating capability of WPPSS Project Nos. 1,
 2, and 3. Moreover, the appropriation act's legislative his-
 tory indicates that direct BPA disbursements to project par-
 ticipants were recognized as a possible means to satisfy
 BPA's obligations under the Net Billing Agreements. BPA's
 broad contract and expenditure authority permits the Admini-
 strator to determine the scope of his activities and the
 means necessary to accomplish them, so long as such activi-
 ties are reasonably consistent with the purposes for which
 the Administrator may act. B-149016, B-149003, July 16,
 1982;  B-114858, July 10, 1979.

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