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40 U.S.C. § 591

Title 40 Chapter 5 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 591. Purchase of electricity

  • (a) A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including—
    • (1) state utility commission rulings; and
    • (2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.
  • (b)
    • (1) This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ).
    • (2) This section does not preclude the Secretary of a military department from—
      • (A) entering into a contract under section 2394 1 1 See References in Text note below. of title 10; or
      • (B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.

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