Executive Order 9353—Disposal of Electric Energy Generated at the Norfork Project

Whereas the Norfork Project on the North Fork River in the White River Basin in the States of Arkansas and Missouri, being constructed by the U.S. Corps of Engineers for the purpose of flood control, the improvement of navigation, and the development of hydroelectric power as an incident thereto, is now nearing completion; and

Whereas the electric energy to be generated at the Norfork Project can best be utilized in the prosecution of the war by transmission, distribution, and utilization in coordination with the electric energy generated at the Pensacola Project on the Grand River in Oklahoma, and by the full use of the transmission, distribution, marketing, and other facilities now being operated in this area by the Federal Works Administrator (hereinafter called the Administrator) pursuant to Executive Order No. 8944, dated November 19, 1941.

Now, Therefore, by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly by Title I of the First War Powers Act, 1941 (55 Stat. 838), and by Title III of the Second War Powers Act, 1942 (56 Stat. 176), and as Commander in Chief of the Army and Navy and as President of the United States, it is hereby ordered as follows:

1. The Norfork Project (including facilities for the generation of electric energy) shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of the Flood Control Act, approved June 30, 1938, as amended, and this order.

2. The Secretary of War shall (a) provide and maintain, for the use of the Administrator at the Norfork Project, adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the Administrator for proper reception, handling, and dispatching of the electric energy generated at the said Project, together with transformers and other equipment required by the Administrator for the transmission of such energy from that place at suitable voltage to the markets which the Administrator desires to serve; (b) deliver to the Administrator the electric energy generated at the Norfork Project and not required for the operation thereof; and (c) schedule the operations of the electric generating unit or units and appurtenant equipment of the Norfork Project in accordance with the requirements of the Administrator, so far as those requirements are consistent with requirements for the storage or discharge of water for flood-control and other purposes.

3. The Administrator, acting for and or behalf of the United States through such person or persons as he may designate is hereby authorized and directed (a) to sell and dispose of the electric energy generated at the Norfork Project, in coordination with the electric energy generated at the Pensacola Project, to war plants and establishments, public bodies and cooperatives, and other persons, in that order of preference, at such rates as may be approved by the Federal Power Commission; and (b) to make such arrangements as he deems necessary to interconnect the Norfork Project with other utility systems in the area, and interchange electric energy with and purchase electric energy from such systems.

4. Having become satisfied that the fulfillment of requirements for the defense of the United States will result in a shortage in the supply of copper and other materials and facilities for the transmission and distribution of electric energy required for the prosecution of the war, I hereby further authorize and direct the Administrator to allocate transmission and distribution lines and appurtenant facilities in the area for the purposes of transmitting and distributing electric energy generated at the Norfork and Pensacola Projects to such extent as, in the judgment of the Administrator, will not substantially interfere with the other uses of such lines and facilities and upon such terms as the owners thereof and the Administrator may thereafter agree upon or, in the absence of such agreement, as may be fixed by the Federal Power Commission.

5. All receipts from the sale and disposition of the electric energy generated at the Norfork Project shall be covered into the Treasury of the United States to the credit of miscellaneous receipts.

6. The Administrator may take such steps, not inconsistent with the provisions of section 16 of the Federal Power Act, as may be necessary to carry out the provisions of this order, and may employ necessary personnel without compliance with the requirements of the Civil Service Rules, and use for this purpose and for other necessary expenses, funds derived from the operation of the Pensacola Project.

7. This order shall continue in force and effect so long as Title I of the First War Powers Act, 1941, remains in force, except that section 4 hereof shall continue in force and effect so long as Title III of the Second War Powers Act, 1942, remains in force.

FRANKLIN D ROOSEVELT

The White House,
June 19, 1943.