---identifier: "/us/cfr/t10/s904.9"source: "ecfr"legal_status: "authoritative_unofficial"title: "10 CFR § 904.9 - Excess capacity."title_number: 10title_name: "Energy"section_number: "904.9"section_name: "Excess capacity."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: falsecurrency: "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"---
Identifier
/us/cfr/t10/s904.9
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Department of Energy
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... 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 )).
# 904.9 Excess capacity.(a) If the Uprating Program results in Excess Capacity, Western shall be entitled to such Excess Capacity to integrate the operation of the Boulder City Area Projects and other Federal Projects on the Colorado River. Specific criteria for the use of Excess Capacity by Western will be provided by Contract. All Excess Capacity not required by Western for the purposes specified by Contract will be available to all Contractors at no additional cost on a pro rata basis based on the ratio of each Contractor's Capacity allocation to the total Capacity allocation.(b) Credits for benefits resulting from project integration shall be determined by Western and such benefits shall be apportioned in accordance with paragraph (9) of § 904.5 of these General Regulations.