10 CFR § 904.11 - Lay off of energy.
---
identifier: "/us/cfr/t10/s904.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 904.11 - Lay off of energy."
title_number: 10
title_name: "Energy"
section_number: "904.11"
section_name: "Lay off of energy."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "904"
part_name: "GENERAL REGULATIONS FOR THE CHARGES FOR THE SALE OF POWER FROM THE BOULDER CANYON PROJECT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Reclamation Act of 1902 (32 Stat. 388); Boulder Canyon Project Act of 1928 (43 U.S.C. 617 ); Boulder Canyon Project Adjustment Act of 1940 (43 U.S.C. 618 ); Department of Energy Organization Act (42 U.S.C. 7101 ); Colorado River Storage Project Act of 1956 (43 U.S.C. 620 ); Colorado River Basin Project Act of 1968 (43 U.S.C. 1501 ); and Hoover Power Plant Act of 1984 (98 Stat. 1333 (43 U.S.C. 619 ))."
regulatory_source: "51 FR 43154, Nov. 28, 1986, unless otherwise noted."
cfr_part: "904"
---
# 904.11 Lay off of energy.
(a) If any Contractor determines that it is temporarily unable to utilize Firm Energy or Excess Energy, Western will, at the Contractor's request, attempt to lay off the Firm Energy or Excess Energy the Contractor declares to be available for lay off, pursuant to the provisions for lay off of energy specified in the Contract.
(b) If Western is unable to lay off such energy, or if the Contractor fails to request Western to attempt to lay off the energy, the Contractor will be billed for the Firm Energy or Excess Energy that was available to the Contractor but could not be delivered to the Contractor or sold to another customer.
(c) In the event that Western must lay off the Firm Energy or Excess Energy at a rate lower than the effective Firm Energy rate, the Contractor will be billed for the difference between the amount that Western would have received at the then existing Firm Energy rate, including the appropriate Lower Basin Development Fund Contribution Charge, and the amount actually received.