Executive Order 9366—Relating to the Operation and Disposition of Electric Energy at the Denison Dam, the Grand River Dam, and the Norfork Dam, in the States of Texas, Oklahoma, and Arkansas

Whereas the United States, under the direction of the Secretary of War and the supervision of the Chief of Engineers of the War Department, is constructing the Denison Dam Project at Denison, Texas, for the purpose of improving navigation, regulating the flow of the Red River, controlling floods, and for other beneficial uses, and in connection therewith will install, operate, and maintain facilities for the generation of electric power and energy; and

Whereas it is essential to the prosecution of the war, and in the interest of the public, that the electric power and energy to be generated at the Denison Dam Project be distributed and made available to war plants and establishments, public bodies and cooperatives, and other persons, in the order named, with the ultimate purpose of providing a dependable market for such power and energy; and

Whereas it is essential that there be unified administrative control over the disposition of electric energy generated at this and other adjacent power projects under Federal control:

Now, Therefore, by virtue of the authority vested in me by the Constitution and statutes of the United States, particularly by section 16 of the Federal Power Act, 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:

I. 1. The Secretary of the Interior is hereby designated as agent for the sale and distribution of electric power and energy generated at the Denison Dam Project and not required for the operation of that Project.

2. The Denison Dam 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 28, 1938, as amended, and this order.

3. The Secretary of War shall (a) provide and maintain for the use of the Secretary of the Interior at the Denison Dam Project adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the Secretary of the Interior for proper reception, handling, and dispatch of the electric energy generated at the Project, together with transformers and other equipment required by the Secretary of the Interior for the transmission of such energy from that place at suitable voltage to the markets which the Secretary of the Interior desires to serve; (b) deliver to the Secretary of the Interior the electric energy generated at the Denison Dam 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 Denison Dam Project in accordance with the requirements of the Secretary of the Interior, so far as those requirements are consistent with requirements for the storage or discharge of water for improving navigation, regulating the flow of the Red River, controlling floods, and for other beneficial uses.

4. The Secretary of the Interior, acting for and on 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 electric energy generated at the Denison Dam 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 construct such facilities and to make such other arrangements as he deems necessary to interconnect the Denison Dam Project with other utility systems in the area and interchange electric energy with and purchase electric energy from such systems, and to sell and distribute electric energy, in accordance with the provisions of this order.

5. Being satisfied that the fulfilment of the military requirements 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 Secretary of the Interior to allocate transmission and distribution lines and appurtenant facilities in the area for the purpose of transmitting and distributing electric energy generated at the Denison Dam Project, to such extent as, in the judgment of the Secretary of the Interior, will not substantially interfere with the other uses of such lines and facilities, and upon such terms as the owners thereof and the Secretary of the Interior may thereafter agree upon or, in the absence of such agreement, as may be fixed by the Federal Power Commission.

6. All receipts from the sale and disposition of the electric energy generated at the Denison Dam Project shall be covered into the Treasury of the United States to the credit of "Miscellaneous Receipts".

7. The Secretary of the Interior may employ such personnel, without compliance with the requirements of the Civil Service Rules, and take such other steps, as may be necessary to carry out the provisions of this Order.

II. 1. Subject to the limitations and restrictions contained therein, all authority and power vested in the Federal Works Administrator by Executive Order No. 8944 of November 19, 1941 with respect to the Grand River Dam Authority, Vinita, Oklahoma, Project No. 1494 (Pensacola Project) are hereby transferred to the Secretary of the Interior, to be exercised through such person or persons as he may designate.

2. Subject to the limitations and restrictions contained therein, all authority and power vested in the Federal Works Administrator by Executive Order 9353 of June 19, 1943 with respect to the Norfork Project on the North Fork River in the White River Basin in the States of Arkansas and Missouri, are hereby transferred to the Secretary of the Interior to be exercised through such person or persons as he may designate.

3. All property, personnel, records, contracts, funds, and accounts used by the Federal Works Administrator in the administration of the functions transferred by this Order are hereby transferred to the Secretary of the Interior for use In the administration of such functions.

This Order shall become effective September 1, 1943.

FRANKLIN D ROOSEVELT

The White House,
July 30, 1943.