-CITE-

16 USC CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF

POWER 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

.

-HEAD-

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

-MISC1-

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

Sec.

791. Repealed.

791a. Short title.

792. Federal Power Commission; creation; number; appointment; term;

qualifications; vacancies; quorum; chairman; salary; place of

holding sessions.

793. Appointment of officers and employees of Commission; duties,

and salaries; detail of officers and employees from other

departments; expenditures authorized.

793a to 795. Repealed or Omitted.

796. Definitions.

797. General powers of Commission.

(a) Investigations and data.

(b) Statements as to investment of licenses in

projects; access to projects, maps, etc.

(c) Cooperation with executive departments;

information and aid furnished Commission.

(d) Publication of information, etc.; reports to

Congress.

(e) Issue of licenses for construction, etc., of

dams, conduits, reservoirs, etc.

(f) Preliminary permits; notice of application.

(g) Investigation of occupancy for developing power;

orders.

797a. Congressional authorization for permits, licenses, leases, or

authorizations for dams, conduits, reservoirs, etc., within

national parks or monuments.

797b. Duty to keep Congress fully and currently informed.

797c. Dams in National Park System units.

797d. Third party contracting by FERC.

(a) Environmental impact statements.

(b) Environmental assessments.

(c) Effective date.

798. Purpose and scope of preliminary permits; transfer and

cancellation.

799. License; duration, conditions, revocation, alteration, or

surrender.

800. Issuance of preliminary permits or licenses.

(a) Preference.

(b) Development of water resources by United States;

reports.

(c) Assumption of project by United States after

expiration of license.

801. Transfer of license; obligations of transferee.

802. Information to accompany application for license; landowner

notification.

803. Conditions of license generally.

(a) Modification of plans; factors considered to

secure adaptability of project; recommendations

for proposed terms and conditions.

(b) Alterations in project works.

(c) Maintenance and repair of project works;

liability of licensee for damages.

(d) Amortization reserves.

(e) Annual charges payable by licensees; maximum

rates; application; review and report to

Congress.

(f) Reimbursement by licensee of other licensees,

etc.

(g) Conditions in discretion of commission.

(h) Monopolistic combinations; prevention or

minimization of anticompetitive conduct; action

by Commission regarding license and operation

and maintenance of project.

(i) Waiver of conditions.

(j) Fish and wildlife protection, mitigation and

enhancement; consideration of recommendations;

findings.

804. Project works affecting navigable waters; requirements

insertable in license.

805. Participation by Government in costs of locks, etc.

806. Time limit for construction of project works; extension of

time; termination or revocation of licenses for delay.

807. Right of Government to take over project works.

(a) Compensation; condemnation by Federal or State

Government.

(b) Relicensing proceedings; Federal agency

recommendations of take over by Government;

stay of orders for new licenses; termination of

stay; notice to Congress.

808. New licenses and renewals.

(a) Relicensing procedures; terms and conditions;

issuance to applicant with proposal best

adapted to serve public interest; factors

considered.

(b) Notification of intention regarding renewal;

public availability of documents; notice to

public and Federal agencies; identification of

Federal or Indian lands included; additional

information required.

(c) Time of filing application; consultation and

participation in studies with fish and wildlife

agencies; notice to applicants; adjustment of

time periods.

(d) Adequacy of transmission facilities; provision of

services to successor by existing licensee;

tariff; final order; modification, extension or

termination of order.

(e) License term on relicensing.

(f) Nonpower use licenses; recordkeeping.

809. Temporary use by Government of project works for national

safety; compensation for use.

810. Disposition of charges arising from licenses.

(a) Receipts from charges.

(b) Delinquent payments.

811. Operation of navigation facilities; rules and regulations;

penalties.

812. Public-service licensee; regulations by State or by commission

as to service, rates, charges, etc.

813. Power entering into interstate commerce; regulation of rates,

charges, etc.

814. Exercise by licensee of power of eminent domain.

815. Contract to furnish power extending beyond period of license;

obligations of new licensee.

816. Preservation of rights vested prior to June 10, 1920.

817. Projects not affecting navigable waters; necessity for Federal

license, permit or right-of-way; unauthorized activities.

818. Public lands included in project; reservation of lands from

entry.

819. Repealed.

820. Proceedings for revocation of license or to prevent violations

of license.

821. State laws and water rights unaffected.

822. Reservation of right to alter or repeal chapter.

823. Repeal of inconsistent laws.

823a. Conduit hydroelectric facilities.

(a) Exemption qualifications.

(b) Maximum installation capacity for exemption.

(c) Consultation with Federal and State agencies.

(d) Violation of terms of exemption.

(e) Fees for studies.

823b. Enforcement.

(a) Monitoring and investigation.

(b) Revocation orders.

(c) Civil penalty.

(d) Assessment.

823c. Alaska State jurisdiction over small hydroelectric projects.

(a) Discontinuance of regulation by the Commission.

(b) Definition of ''qualifying project works''.

(c) Election of State licensing.

(d) Project works on Federal lands.

(e) Consultation with affected agencies.

(f) Application of Federal laws.

(g) Oversight by the Commission.

(h) Resumption of Commission authority.

(i) Determination by the Commission.

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

824. Declaration of policy; application of subchapter.

(a) Federal regulation of transmission and sale of

electric energy.

(b) Use or sale of electric energy in interstate

commerce.

(c) Electric energy in interstate commerce.

(d) ''Sale of electric energy at wholesale'' defined.

(e) ''Public utility'' defined.

(f) United States, State, political subdivision of a

State, or agency or instrumentality thereof

exempt.

(g) Books and records.

824a. Interconnection and coordination of facilities; emergencies;

transmission to foreign countries.

(a) Regional districts; establishment; notice to

State commissions.

(b) Sale or exchange of energy; establishing physical

connections.

(c) Temporary connection and exchange of facilities

during emergency.

(d) Temporary connection during emergency by persons

without jurisdiction of Commission.

(e) Transmission of electric energy to foreign

country.

(f) Transmission or sale at wholesale of electric

energy; regulation.

(g) Continuance of service.

824a-1. Pooling.

(a) State laws.

(b) Pooling study.

824a-2. Reliability.

(a) Study.

(b) Examination of reliability issues by reliability

councils.

(c) Department of Energy recommendations.

824a-3. Cogeneration and small power production.

(a) Cogeneration and small power production rules.

(b) Rates for purchases by electric utilities.

(c) Rates for sales by utilities.

(d) ''Incremental cost of alternative electric

energy'' defined.

(e) Exemptions.

(f) Implementation of rules for qualifying

cogeneration and qualifying small power

production facilities.

(g) Judicial review and enforcement.

(h) Commission enforcement.

(i) Federal contracts.

(j) New dams and diversions.

(k) ''New dam or diversion'' defined.

(l) Definitions.

824a-4. Seasonal diversity electricity exchange.

(a) Authority.

(b) Permit.

(c) Timely acquisition by other means.

(d) Payments by permittees.

(e) Federal law governing Federal lands.

824b. Disposition of property; consolidations; purchase of

securities.

(a) Authorizations.

(b) Orders of Commission.

824c. Issuance of securities; assumption of liabilities.

(a) Authorization by Commission.

(b) Application approval or modification;

supplemental orders.

(c) Compliance with order of Commission.

(d) Authorization of capitalization not to exceed

amount paid.

(e) Notes or drafts maturing less than one year after

issuance.

(f) Public utility securities regulated by State not

affected.

(g) Guarantee or obligation on part of United States.

(h) Filing duplicate reports with the Securities and

Exchange Commission.

824d. Rates and charges; schedules; suspension of new rates;

automatic adjustment clauses.

(a) Just and reasonable rates.

(b) Preference or advantage unlawful.

(c) Schedules.

(d) Notice required for rate changes.

(e) Suspension of new rates; hearings; five-month

period.

(f) Review of automatic adjustment clauses and public

utility practices; action by Commission;

''automatic adjustment clause'' defined.

824e. Power of Commission to fix rates and charges; determination

of cost of production or transmission.

(a) Unjust or preferential rates, etc.; statement of

reasons for changes; hearing; specification of

issues.

(b) Refund effective date; preferential proceedings;

statement of reasons for delay; burden of

proof; scope of refund order; refund orders in

cases of dilatory behavior; interest.

(c) Refund considerations; shifting costs; reduction

in revenues; ''electric utility companies'' and

''registered holding company'' defined.

(d) Investigation of costs.

824f. Ordering furnishing of adequate service.

824g. Ascertainment of cost of property and depreciation.

(a) Investigation of property costs.

(b) Request for inventory and cost statements.

824h. References to State boards by Commission.

(a) Composition of boards; force and effect of

proceedings.

(b) Cooperation with State commissions.

(c) Availability of information and reports to State

commissions; Commission experts.

824i. Interconnection authority.

(a) Powers of Commission; application by State

regulatory authority.

(b) Notice, hearing and determination by Commission.

(c) Necessary findings.

(d) Motion of Commission.

(e) Definitions.

824j. Wheeling authority.

(a) Transmission service by any electric utility;

notice, hearing and findings by Commission.

(b) Reliability of electric service.

(c) Replacement of electric energy.

(d) Termination or modification of order; notice,

hearing and findings of Commission; contents of

order; inclusion in order of terms and

conditions agreed upon by parties.

(e) ''Facilities'' defined.

824k. Orders requiring interconnection or wheeling.

(a) Rates, charges, terms, and conditions for

wholesale transmission services.

(b) Repealed.

(c) Issuance of proposed order; agreement by parties

to terms and conditions of order; approval by

Commission; inclusion in final order; failure

to agree.

(d) Statement of reasons for denial.

(e) Savings provisions.

(f) Effective date of order; hearing; notice; review.

(g) Prohibition on orders inconsistent with retail

marketing areas.

(h) Prohibition on mandatory retail wheeling and sham

wholesale transactions.

(i) Laws applicable to Federal Columbia River

Transmission System.

(j) Equitability within territory restricted electric

systems.

(k) ERCOT utilities.

824l. Information requirements.

(a) Requests for wholesale transmission services.

(b) Transmission capacity and constraints.

824m. Sales by exempt wholesale generators.

824n. Authority relating to formation and operation of regional

transmission organizations.

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

825. Accounts and records.

(a) Duty to keep.

(b) Access to and examination by the Commission.

(c) Controlling individual.

825a. Rates of depreciation; notice to State authorities before

fixing.

825b. Requirements applicable to agencies of United States.

825c. Periodic and special reports; obstructing filing reports or

keeping accounts, etc.

825d. Officials dealing in securities.

(a) Benefits; making or declaring dividends out of

capital account.

(b) Interlocking directorates.

(c) Statement of prior positions; definitions.

825e. Complaints.

825f. Investigations by Commission.

(a) Scope.

(b) Attendance of witnesses and production of

documents.

(c) Resort to courts of United States for failure to

obey subpena; punishment.

(d) Testimony by deposition.

(e) Deposition of witness in a foreign country.

(f) Deposition fees.

825g. Hearings; rules of procedure.

825h. Administrative powers of Commission; rules, regulations, and

orders.

825i. Appointment of officers and employees; compensation.

825j. Investigations relating to electric energy; reports to

Congress.

825k. Publication and sale of reports.

825l. Review of orders.

(a) Application for rehearing; time periods;

modification of order.

(b) Judicial review.

(c) Stay of Commission's order.

825m. Enforcement provisions.

(a) Enjoining and restraining violations.

(b) Writs of mandamus.

(c) Employment of attorneys.

825n. Forfeiture for violations; recovery; applicability.

(a) Forfeiture.

(b) Recovery.

(c) Applicability.

825o. Penalties for violations; applicability of section.

(a) Statutory violations.

(b) Rules violations.

(c) Applicability.

825o-1. Enforcement of certain provisions.

(a) Violations.

(b) Civil penalties.

825p. Jurisdiction of offenses; enforcement of liabilities and

duties.

825q. Conflict of jurisdiction.

825q-1. Office of Public Participation.

825r. Separability.

825s. Sale of electric power from reservoir projects; rate

schedules; preference in sale; construction of transmission

lines; disposition of moneys.

825s-1. Southwestern area sale and transmission of electric power;

disposition of receipts; creation of continuing fund; use of

fund.

825s-2. Southeastern area sale and transmission of electric power;

disposition of receipts; creation of continuing fund; use of

fund.

825s-3. Southwestern area sale at uniform systemwide rates of

electric power over transmission lines constructed with

appropriated funds or used under contractual arrangements.

825t. Utilization of power revenues.

825u. Interest rate on power bonds held by Administrator of General

Services.

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

828. Facilitation of development and construction of water

conservation facilities; exemption from certain Federal

requirements.

828a. Definitions.

828b. Exemption from formula, books and records, and project cost

statement requirements; annual charges.

828c. Applicability of this subchapter.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 21b, 47b, 47f, 90d-4,

108, 158, 197, 201b, 204l, 205a, 207a, 221b, 342b, 391, 391b-1,

402e, 403b, 404b, 405, 407b, 408b, 410b, 435, 459a-1, 460m-11,

460m-21, 460ee, 460gg-2, 460ii-3, 460iii-3, 545b, 577b, 698v-7,

824a-1, 824a-3, 832h, 833g, 836, 839e, 1278, 2603, 2705, 3215 of

this title; title 15 section 790a; title 25 section 326; title 30

section 621; title 33 section 467a; title 42 sections 2019, 7172,

7173, 7473, 7651b; title 43 sections 617d, 617e, 617k, 617l, 1634,

1761.

-CITE-

16 USC SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF

WATER POWER AND RESOURCES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

.

-HEAD-

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-COD-

CODIFICATION

Section 212 of act of Aug. 26, 1935, ch. 687, 49 Stat. 847,

provided that sections 1 to 29 of the Federal Water Power Act, as

amended (sections 792, 793, 794 to 797, 798 to 818, 819, and 820 to

823 of this title) shall constitute part I of the act. Said

section 212 also repealed sections 25 and 30 of the act (sections

819, 791 of this title). It also contained a proviso as follows:

''That nothing in that Act, as amended, shall be construed to

repeal or amend the provisions of the amendment to the Federal

Water Power Act approved March 3, 1921 (41 Stat. 1353 (section 797a

of this title)), or the provisions of any other Act relating to

national parks and national monuments.''

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 797b, 797c, 797d,

824a-3, 825o, 2705, 3215 of this title; title 42 section 7172;

title 43 sections 1555, 1634, 1761.

-CITE-

16 USC Sec. 791 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 791. Repealed. Aug. 26, 1935, ch. 687, title II, Sec. 212, 49

Stat. 847

-MISC1-

Section, act June 10, 1920, ch. 285, Sec. 30, 41 Stat. 1077,

designated the act as The Federal Water Power Act.

-CITE-

16 USC Sec. 791a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 791a. Short title

-STATUTE-

This chapter may be cited as the ''Federal Power Act''.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 321, formerly Sec. 320, as

added Aug. 26, 1935, ch. 687, title II, Sec. 213, 49 Stat. 863;

renumbered Pub. L. 95-617, title II, Sec. 212, Nov. 9, 1978, 92

Stat. 3148.)

-COD-

CODIFICATION

Section was enacted as part of part III of the Federal Power Act,

and not as part of part I of that Act which comprises this

subchapter.

-MISC3-

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-575, Sec. 1, Nov. 15, 1990, 104 Stat. 2834, provided

that: ''This Act (enacting section 2243 of Title 42, The Public

Health and Welfare, amending sections 796 and 824a-3 of this title

and sections 2014, 2061, 2201, and 2284 of Title 42, and enacting

provisions set out as a note under section 796 of this title) may

be cited as the 'Solar, Wind, Waste, and Geothermal Power

Production Incentives Act of 1990'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-473, Sec. 1, Oct. 6, 1988, 102 Stat. 2299, provided

that: ''This Act (amending section 824e of this title and enacting

provisions set out as notes under section 824e of this title) may

be cited as the 'Regulatory Fairness Act'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-495, Sec. 1(a), Oct. 16, 1986, 100 Stat. 1243,

provided that: ''This Act (enacting sections 797b and 823b of this

title, amending sections 797, 800, 802, 803, 807, 808, 817, 823a,

824a-3, and 824j of this title, and enacting provisions set out as

notes under sections 797, 803, 823a, 824a-3, and 825h of this

title) may be cited as the 'Electric Consumers Protection Act of

1986'.''

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16 USC Sec. 792 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 792. Federal Power Commission; creation; number; appointment;

term; qualifications; vacancies; quorum; chairman; salary;

place of holding sessions

-STATUTE-

A commission is created and established to be known as the

Federal Power Commission (hereinafter referred to as the

''commission'') which shall be composed of five commissioners who

shall be appointed by the President, by and with the advice and

consent of the Senate, one of whom shall be designated by the

President as chairman and shall be the principal executive officer

of the commission. Each chairman, when so designated, shall act as

such until the expiration of his term of office.

The commissioners first appointed under this section, as amended,

shall continue in office for terms of one, two, three, four, and

five years, respectively, from June 23, 1930, the term of each to

be designated by the President at the time of nomination. Their

successors shall be appointed each for a term of five years from

the date of the expiration of the term for which his predecessor

was appointed and until his successor is appointed and has

qualified, except that he shall not so continue to serve beyond the

expiration of the next session of Congress subsequent to the

expiration of said fixed term of office, and except that any person

appointed to fill a vacancy occurring prior to the expiration of

the term for which his predecessor was appointed shall be appointed

only for the unexpired term. Not more than three of the

commissioners shall be appointed from the same political party. No

person in the employ of or holding any official relation to any

licensee or to any person, firm, association, or corporation

engaged in the generation, transmission, distribution, or sale of

power, or owning stock or bonds thereof, or who is in any manner

pecuniarily interested therein, shall enter upon the duties of or

hold the office of commissioners. Said commissioners shall not

engage in any other business, vocation, or employment. No vacancy

in the commission shall impair the right of the remaining

commissioners to exercise all the powers of the commission. Three

members of the commission shall constitute a quorum for the

transaction of business, and the commission shall have an official

seal of which judicial notice shall be taken. The commission shall

annually elect a vice chairman to act in case of the absence or

disability of the chairman or in case of a vacancy in the office of

chairman.

Each commissioner shall receive necessary traveling and

subsistence expenses, or per diem allowance in lieu thereof, within

the limitation prescribed by law, while away from the seat of

government upon official business.

The principal office of the commission shall be in the District

of Columbia, where its general sessions shall be held; but whenever

the convenience of the public or of the parties may be promoted or

delay or expense prevented thereby, the commission may hold special

sessions in any part of the United States.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 1, 41 Stat. 1063; June 23,

1930, ch. 572, Sec. 1, 46 Stat. 797; renumbered pt. I, Aug. 26,

1935, ch. 687, title II, Sec. 212, 49 Stat. 847; 1950 Reorg. Plan

No. 9, Sec. 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265;

Pub. L. 86-619, Sec. 1, July 12, 1960, 74 Stat. 407.)

-COD-

CODIFICATION

Provisions which prescribed the compensation of commissioners

were omitted as obsolete. Compensation of the Chairman and members

of the Commission was prescribed by sections 5314 and 5315 of Title

5, Government Organization and Employees, prior to termination of

the Commission. See Transfer of Functions note below.

-MISC3-

AMENDMENTS

1960 - Pub. L. 86-619 provided for continuation in office of a

commissioner upon termination of his term until a successor is

appointed and has qualified, not beyond expiration of next session

of Congress subsequent to the expiration of said fixed term of

office.

1930 - Act June 23, 1938, amended section generally. Prior to

amendment section read as follows: ''A commission is hereby created

and established, to be known as the Federal Power Commission

(hereinafter referred to as the commission), which shall be

composed of the Secretary of War, the Secretary of the Interior,

and the Secretary of Agriculture. Two members of the commission

shall constitute a quorum for the transaction of business, and the

commission shall have an official seal, which shall be judicially

noticed. The President shall designate the chairman of the

commission.''

REPEALS

Act Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880, formerly

cited as a credit to this section, was repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 655.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, set out below.

REORGANIZATION PLAN NO. 9 OF 1950

EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1265

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

FEDERAL POWER COMMISSION

-MISC5-

SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

(a) Subject to the provisions of subsection (b) of this section,

there are hereby transferred from the Federal Power Commission,

hereinafter referred to as the Commission, to the Chairman of the

Commission, hereinafter referred to as the Chairman, the executive

and administrative functions of the Commission, including functions

of the Commission with respect to (1) the appointment and

supervision of personnel employed under the Commission, (2) the

distribution of business among such personnel and among

administrative units of the Commission, and (3) the use and

expenditure of funds.

(b)(1) In carrying out any of his functions under the provisions

of this section the Chairman shall be governed by general policies

of the Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(3) Personnel employed regularly and full time in the immediate

offices of Commissioners other than the Chairman shall not be

affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according

to major programs and purposes.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Chairman may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any officer,

employee, or administrative unit under his jurisdiction of any

functions transferred to the Chairman by the provisions of this

reorganization plan.

SEC. 3. DESIGNATION OF CHAIRMAN

The functions of the Commission with respect to choosing a

chairman from among the commissioners composing the Commission are

hereby transferred to the President.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 10 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Securities and Exchange Commission. My

reasons for transmitting this plan are stated in an accompanying

general message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 10 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

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16 USC Sec. 793 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 793. Appointment of officers and employees of Commission;

duties, and salaries; detail of officers and employees from

other departments; expenditures authorized

-STATUTE-

The commission shall have authority to appoint, prescribe the

duties, and fix the salaries of, a secretary, a chief engineer, a

general counsel, a solicitor, and a chief accountant; and may,

subject to the civil service laws, appoint such other officers and

employees as are necessary in the execution of its functions and

fix their salaries in accordance with chapter 51 and subchapter III

of chapter 53 of title 5. The commission may request the President

to detail an officer or officers from the Corps of Engineers, or

other branches of the United States Army, to serve the commission

as engineer officer or officers, or in any other capacity, in field

work outside the seat of government, their duties to be prescribed

by the commission; and such detail is authorized. The President

may also, at the request of the commission, detail, assign, or

transfer to the commission, engineers in or under the Departments

of the Interior or Agriculture for field work outside the seat of

government under the direction of the commission.

The commission may make such expenditures (including expenditures

for rent and personal services at the seat of government and

elsewhere, for law books, periodicals, and books of reference, and

for printing and binding) as are necessary to execute its

functions. Expenditures by the commission shall be allowed and

paid upon the presentation of itemized vouchers therefor, approved

by the chairman of the commission or by such other member or

officer as may be authorized by the commission for that purpose

subject to applicable regulations under the Federal Property and

Administrative Services Act of 1949, as amended.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 2, 41 Stat. 1063; June 23,

1930, ch. 572, Sec. 1, 46 Stat. 798; renumbered pt. I, Aug. 26,

1935, ch. 687, title II, Sec. 212, 49 Stat. 847; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972; Oct. 31, 1951, ch. 654,

Sec. 2(14), 65 Stat. 707.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 of et seq. of Title 5.

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in text, is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-COD-

CODIFICATION

All appointments referred to in the first sentence are subject to

the civil service laws unless specifically excepted by those laws

or by laws enacted subsequent to Executive Order 8743, Apr. 23,

1941, issued by the President pursuant to the Act of Nov. 26, 1940,

ch. 919, title I, Sec. 1, 54 Stat. 1211, which covered most

excepted positions into the classified (competitive) civil

service. The Order is set out as a note under section 3301 of

Title 5, Government Organization and Employees.

As to the compensation of such personnel, sections 1202 and 1204

of the Classification Act of 1949, 63 Stat. 972, 973, repealed the

Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5. Section 5102 of Title 5 contains the applicability

provisions of the 1949 Act, and section 5103 of Title 5 authorizes

the Office of Personnel Management to determine the applicability

to specific positions and employees.

''Chapter 51 and subchapter III of chapter 53 of title 5'' was

substituted in text for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC3-

AMENDMENTS

1951 - Act Oct. 31, 1951, inserted reference to applicable

regulations of the Federal Property and Administrative Services Act

of 1949, as amended, at end of section.

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

1949'' for ''Classification Act of 1923''.

1930 - Act June 23, 1930, substituted provisions permitting the

commission to appoint, prescribe the duties, and fix the salaries

of, a secretary, a chief engineer, a general counsel, a solicitor,

and a chief accountant, and to appoint such other officers and

employees as are necessary in the execution of its functions and

fix their salaries, and authorizing the detail of officers from the

Corps of Engineers, or other branches of the United States Army, to

serve the commission as engineer officers, or in any other

capacity, in field work outside the seat of government, and the

detail, assignment or transfer to the commission of engineers in or

under the Departments of the Interior or Agriculture for work

outside the seat of government for provisions which required the

commission to appoint an executive secretary at a salary of $5,000

per year and prescribe his duties, and which permitted the detail

of an officer from the United States Engineer Corps to serve the

commission as engineer officer; and inserted provisions permitting

the commission to make certain expenditures necessary in the

execution of its functions, and allowing the payment of

expenditures upon the presentation of itemized vouchers approved by

authorized persons.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 793a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 793a. Repealed. Pub. L. 87-367, title I, Sec. 103(5), Oct. 4,

1961, 75 Stat. 787

-MISC1-

Section, Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74

Stat. 430, authorized the Federal Power Commission to place four

additional positions in grade 18, one in grade 17 and one in grade

16 of the General Schedule of the Classification Act of 1949.

-CITE-

16 USC Sec. 794, 795 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 794, 795. Omitted

-COD-

CODIFICATION

Section 794, which required the work of the commission to be

performed by and through the Departments of War, Interior, and

Agriculture and their personnel, consisted of the second paragraph

of section 2 of act June 10, 1920, ch. 285, 41 Stat. 1063, which

was omitted in the revision of said section 2 by act June 23, 1930,

ch. 572, Sec. 1, 46 Stat. 798. The first and third paragraphs of

said section 2 were formerly classified to sections 793 and 795 of

this title.

Section 795, which related to expenses of the commission

generally, consisted of the third paragraph of section 2 of act

June 10, 1920, ch. 285, 41 Stat. 1063. Such section 2 was amended

generally by act June 23, 1930, ch. 572, Sec. 1, 46 Stat. 798, and

is classified to section 793 of this title. The first and second

paragraphs of said section 2 were formerly classified to sections

793 and 794 of this title.

-CITE-

16 USC Sec. 796 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 796. Definitions

-STATUTE-

The words defined in this section shall have the following

meanings for purposes of this chapter, to wit:

(1) ''public lands'' means such lands and interest in lands

owned by the United States as are subject to private

appropriation and disposal under public land laws. It shall not

include ''reservations'', as hereinafter defined;

(2) ''reservations'' means national forests, tribal lands

embraced within Indian reservations, military reservations, and

other lands and interests in lands owned by the United States,

and withdrawn, reserved, or withheld from private appropriation

and disposal under the public land laws; also lands and interests

in lands acquired and held for any public purposes; but shall not

include national monuments or national parks;

(3) ''corporation'' means any corporation, joint-stock company,

partnership, association, business trust, organized group of

persons, whether incorporated or not, or a receiver or receivers,

trustee or trustees of any of the foregoing. It shall not

include ''municipalities'' as hereinafter defined;

(4) ''person'' means an individual or a corporation;

(5) ''licensee'' means any person, State, or municipality

licensed under the provisions of section 797 of this title, and

any assignee or successor in interest thereof;

(6) ''State'' means a State admitted to the Union, the District

of Columbia, and any organized Territory of the United States;

(7) ''municipality'' means a city, county, irrigation district,

drainage district, or other political subdivision or agency of a

State competent under the laws thereof to carry on the business

of developing, transmitting, utilizing, or distributing power;

(8) ''navigable waters'' means those parts of streams or other

bodies of water over which Congress has jurisdiction under its

authority to regulate commerce with foreign nations and among the

several States, and which either in their natural or improved

condition notwithstanding interruptions between the navigable

parts of such streams or waters by falls, shallows, or rapids

compelling land carriage, are used or suitable for use for the

transportation of persons or property in interstate or foreign

commerce, including therein all such interrupting falls,

shallows, or rapids, together with such other parts of streams as

shall have been authorized by Congress for improvement by the

United States or shall have been recommended to Congress for such

improvement after investigation under its authority;

(9) ''municipal purposes'' means and includes all purposes

within municipal powers as defined by the constitution or laws of

the State or by the charter of the municipality;

(10) ''Government dam'' means a dam or other work constructed

or owned by the United States for Government purposes with or

without contribution from others;

(11) ''project'' means complete unit of improvement or

development, consisting of a power house, all water conduits, all

dams and appurtenant works and structures (including navigation

structures) which are a part of said unit, and all storage,

diverting, or forebay reservoirs directly connected therewith,

the primary line or lines transmitting power therefrom to the

point of junction with the distribution system or with the

interconnected primary transmission system, all miscellaneous

structures used and useful in connection with said unit or any

part thereof, and all water-rights, rights-of-way, ditches, dams,

reservoirs, lands, or interest in lands the use and occupancy of

which are necessary or appropriate in the maintenance and

operation of such unit;

(12) ''project works'' means the physical structures of a

project;

(13) ''net investment'' in a project means the actual

legitimate original cost thereof as defined and interpreted in

the ''classification of investment in road and equipment of steam

roads, issue of 1914, Interstate Commerce Commission'', plus

similar costs of additions thereto and betterments thereof, minus

the sum of the following items properly allocated thereto, if and

to the extent that such items have been accumulated during the

period of the license from earnings in excess of a fair return on

such investment: (a) Unappropriated surplus, (b) aggregate credit

balances of current depreciation accounts, and (c) aggregate

appropriations of surplus or income held in amortization, sinking

fund, or similar reserves, or expended for additions or

betterments or used for the purposes for which such reserves were

created. The term ''cost'' shall include, insofar as applicable,

the elements thereof prescribed in said classification, but shall

not include expenditures from funds obtained through donations by

States, municipalities, individuals, or others, and said

classification of investment of the Interstate Commerce

Commission shall insofar as applicable be published and

promulgated as a part of the rules and regulations of the

Commission;

(14) ''Commission'' and ''Commissioner'' means the Federal

Power Commission, and a member thereof, respectively;

(15) ''State commission'' means the regulatory body of the

State or municipality having jurisdiction to regulate rates and

charges for the sale of electric energy to consumers within the

State or municipality;

(16) ''security'' means any note, stock, treasury stock, bond,

debenture, or other evidence of interest in or indebtedness of a

corporation subject to the provisions of this chapter;

(17)(A) ''small power production facility'' means a facility

which is an eligible solar, wind, waste, or geothermal facility,

or a facility which -

(i) produces electric energy solely by the use, as a primary

energy source, of biomass, waste, renewable resources,

geothermal resources, or any combination thereof; and

(ii) has a power production capacity which, together with any

other facilities located at the same site (as determined by the

Commission), is not greater than 80 megawatts;

(B) ''primary energy source'' means the fuel or fuels used for

the generation of electric energy, except that such term does not

include, as determined under rules prescribed by the Commission,

in consultation with the Secretary of Energy -

(i) the minimum amounts of fuel required for ignition,

startup, testing, flame stabilization, and control uses, and

(ii) the minimum amounts of fuel required to alleviate or

prevent -

(I) unanticipated equipment outages, and

(II) emergencies, directly affecting the public health,

safety, or welfare, which would result from electric power

outages;

(C) ''qualifying small power production facility'' means a

small power production facility -

(i) which the Commission determines, by rule, meets such

requirements (including requirements respecting fuel use, fuel

efficiency, and reliability) as the Commission may, by rule,

prescribe; and

(ii) which is owned by a person not primarily engaged in the

generation or sale of electric power (other than electric power

solely from cogeneration facilities or small power production

facilities);

(D) ''qualifying small power producer'' means the owner or

operator of a qualifying small power production facility;

(E) ''eligible solar, wind, waste or geothermal facility''

means a facility which produces electric energy solely by the

use, as a primary energy source, of solar energy, wind energy,

waste resources or geothermal resources; but only if -

(i) either of the following is submitted to the Commission

not later than December 31, 1994:

(I) an application for certification of the facility as a

qualifying small power production facility; or

(II) notice that the facility meets the requirements for

qualification; and

(ii) construction of such facility commences not later than

December 31, 1999, or, if not, reasonable diligence is

exercised toward the completion of such facility taking into

account all factors relevant to construction of the facility.

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(18)(A) ''cogeneration facility'' means a facility which

produces -

(i) electric energy, and

(ii) steam or forms of useful energy (such as heat) which are

used for industrial, commercial, heating, or cooling purposes;

(B) ''qualifying cogeneration facility'' means a cogeneration

facility which -

(i) the Commission determines, by rule, meets such

requirements (including requirements respecting minimum size,

fuel use, and fuel efficiency) as the Commission may, by rule,

prescribe; and

(ii) is owned by a person not primarily engaged in the

generation or sale of electric power (other than electric power

solely from cogeneration facilities or small power production

facilities);

(C) ''qualifying cogenerator'' means the owner or operator of a

qualifying cogeneration facility;

(19) ''Federal power marketing agency'' means any agency or

instrumentality of the United States (other than the Tennessee

Valley Authority) which sells electric energy;

(20) ''evidentiary hearings'' and ''evidentiary proceeding''

mean a proceeding conducted as provided in sections 554, 556, and

557 of title 5;

(21) ''State regulatory authority'' has the same meaning as the

term ''State commission'', except that in the case of an electric

utility with respect to which the Tennessee Valley Authority has

ratemaking authority (as defined in section 2602 of this title),

such term means the Tennessee Valley Authority;

(22) ''electric utility'' means any person or State agency

(including any municipality) which sells electric energy; such

term includes the Tennessee Valley Authority, but does not

include any Federal power marketing agency. (FOOTNOTE 1)

(23) Transmitting utility. - The term ''transmitting utility''

means any electric utility, qualifying cogeneration facility,

qualifying small power production facility, or Federal power

marketing agency which owns or operates electric power

transmission facilities which are used for the sale of electric

energy at wholesale. (FOOTNOTE 1)

(24) Wholesale transmission services. - The term ''wholesale

transmission services'' means the transmission of electric energy

sold, or to be sold, at wholesale in interstate commerce.

(FOOTNOTE 2)

(FOOTNOTE 2) So in original. The period probably should be '';

and''.

(25) Exempt wholesale generator. - The term ''exempt wholesale

generator'' shall have the meaning provided by section 79z-5a of

title 15.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 3, 41 Stat. 1063; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 201,

212, 49 Stat. 838, 847; Pub. L. 95-617, title II, Sec. 201, Nov. 9,

1978, 92 Stat. 3134; Pub. L. 96-294, title VI, Sec. 643(a)(1), June

30, 1980, 94 Stat. 770; Pub. L. 101-575, Sec. 3, Nov. 15, 1990, 104

Stat. 2834; Pub. L. 102-46, May 17, 1991, 105 Stat. 249; Pub. L.

102-486, title VII, Sec. 726, Oct. 24, 1992, 106 Stat. 2921.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in pars. (1), (2), are

classified generally to Title 43, Public Lands.

-MISC2-

AMENDMENTS

1992 - Par. (22). Pub. L. 102-486, Sec. 726(b), inserted

''(including any municipality)'' after ''State agency''.

Pars. (23) to (25). Pub. L. 102-486, Sec. 726(a), added pars.

(23) to (25).

1991 - Par. (17)(E). Pub. L. 102-46 struck out '', and which

would otherwise not qualify as a small power production facility

because of the power production capacity limitation contained in

subparagraph (A)(ii)'' after ''geothermal resources'' in

introductory provisions.

1990 - Par. (17)(A). Pub. L. 101-575, Sec. 3(a), inserted ''a

facility which is an eligible solar, wind, waste, or geothermal

facility, or''.

Par. (17)(E). Pub. L. 101-575, Sec. 3(b), added subpar. (E).

1980 - Par. (17)(A)(i). Pub. L. 96-294 added applicability to

geothermal resources.

1978 - Pars. (17) to (22). Pub. L. 95-617 added pars. (17) to

(22).

1935 - Act Aug. 26, 1935, Sec. 201, amended definitions of

''reservations'' and ''corporations'', and inserted definitions of

''person'', ''licensee'', ''commission'', ''commissioner'', ''State

commission'' and ''security''.

FERC REGULATIONS

Section 4 of Pub. L. 101-575 provided that: ''Unless the Federal

Energy Regulatory Commission otherwise specifies, by rule after

enactment of this Act (Nov. 15, 1990), any eligible solar, wind,

waste, or geothermal facility (as defined in section 3(17)(E) of

the Federal Power Act as amended by this Act (16 U.S.C.

796(17)(E))), which is a qualifying small power production facility

(as defined in subparagraph (C) of section 3(17) of the Federal

Power Act as amended by this Act) -

''(1) shall be considered a qualifying small power production

facility for purposes of part 292 of title 18, Code of Federal

Regulations, notwithstanding any size limitations contained in

such part, and

''(2) shall not be subject to the size limitation contained in

section 292.601(b) of such part.''

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by Pub. L. 102-486 to be construed as

affecting or intending to affect, or in any way to interfere with,

authority of any State or local government relating to

environmental protection or siting of facilities, see section 731

of Pub. L. 102-486, set out as a note under section 79 of Title 15,

Commerce and Trade.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 807, 824a-3, 1133, 2708

of this title; title 15 section 79z-5a; title 26 section 168; title

30 section 1141; title 42 sections 7429, 7651d, 8259; title 49

section 60101.

-CITE-

16 USC Sec. 797 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 797. General powers of Commission

-STATUTE-

The Commission is authorized and empowered -

(a) Investigations and data

To make investigations and to collect and record data concerning

the utilization of the water resources of any region to be

developed, the water-power industry and its relation to other

industries and to interstate or foreign commerce, and concerning

the location, capacity, development costs, and relation to markets

of power sites, and whether the power from Government dams can be

advantageously used by the United States for its public purposes,

and what is a fair value of such power, to the extent the

Commission may deem necessary or useful for the purposes of this

chapter.

(b) Statements as to investment of licenses in projects; access to

projects, maps, etc.

To determine the actual legitimate original cost of and the net

investment in a licensed project, and to aid the Commission in such

determinations, each licensee shall, upon oath, within a reasonable

period of time to be fixed by the Commission, after the

construction of the original project or any addition thereto or

betterment thereof, file with the Commission in such detail as the

Commission may require, a statement in duplicate showing the actual

legitimate original cost of construction of such project addition,

or betterment, and of the price paid for water rights,

rights-of-way, lands, or interest in lands. The licensee shall

grant to the Commission or to its duly authorized agent or agents,

at all reasonable times, free access to such project, addition, or

betterment, and to all maps, profiles, contracts, reports of

engineers, accounts, books, records, and all other papers and

documents relating thereto. The statement of actual legitimate

original cost of said project, and revisions thereof as determined

by the Commission, shall be filed with the Secretary of the

Treasury.

(c) Cooperation with executive departments; information and aid

furnished Commission

To cooperate with the executive departments and other agencies of

State or National Governments in such investigations; and for such

purpose the several departments and agencies of the National

Government are authorized and directed upon the request of the

Commission, to furnish such records, papers, and information in

their possession as may be requested by the Commission, and

temporarily to detail to the Commission such officers or experts as

may be necessary in such investigations.

(d) Publication of information, etc.; reports to Congress

To make public from time to time the information secured

hereunder, and to provide for the publication of its reports and

investigations in such form and manner as may be best adapted for

public information and use. The Commission, on or before the 3d

day of January of each year, shall submit to Congress for the

fiscal year preceding a classified report showing the permits and

licenses issued under this subchapter, and in each case the parties

thereto, the terms prescribed, and the moneys received if any, or

account thereof.

(e) Issue of licenses for construction, etc., of dams, conduits,

reservoirs, etc.

To issue licenses to citizens of the United States, or to any

association of such citizens, or to any corporation organized under

the laws of the United States or any State thereof, or to any State

or municipality for the purpose of constructing, operating, and

maintaining dams, water conduits, reservoirs, power houses,

transmission lines, or other project works necessary or convenient

for the development and improvement of navigation and for the

development, transmission, and utilization of power across, along,

from, or in any of the streams or other bodies of water over which

Congress has jurisdiction under its authority to regulate commerce

with foreign nations and among the several States, or upon any part

of the public lands and reservations of the United States

(including the Territories), or for the purpose of utilizing the

surplus water or water power from any Government dam, except as

herein provided: Provided, That licenses shall be issued within any

reservation only after a finding by the Commission that the license

will not interfere or be inconsistent with the purpose for which

such reservation was created or acquired, and shall be subject to

and contain such conditions as the Secretary of the department

under whose supervision such reservation falls shall deem necessary

for the adequate protection and utilization of such reservations:

Provided further, That no license affecting the navigable capacity

of any navigable waters of the United States shall be issued until

the plans of the dam or other structures affecting the navigation

have been approved by the Chief of Engineers and the Secretary of

the Army. Whenever the contemplated improvement is, in the judgment

of the Commission, desirable and justified in the public interest

for the purpose of improving or developing a waterway or waterways

for the use or benefit of interstate or foreign commerce, a finding

to that effect shall be made by the Commission and shall become a

part of the records of the Commission: Provided further, That in

case the Commission shall find that any Government dam may be

advantageously used by the United States for public purposes in

addition to navigation, no license therefor shall be issued until

two years after it shall have reported to Congress the facts and

conditions relating thereto, except that this provision shall not

apply to any Government dam constructed prior to June 10, 1920: And

provided further, That upon the filing of any application for a

license which has not been preceded by a preliminary permit under

subsection (f) of this section, notice shall be given and published

as required by the proviso of said subsection. In deciding whether

to issue any license under this subchapter for any project, the

Commission, in addition to the power and development purposes for

which licenses are issued, shall give equal consideration to the

purposes of energy conservation, the protection, mitigation of

damage to, and enhancement of, fish and wildlife (including related

spawning grounds and habitat), the protection of recreational

opportunities, and the preservation of other aspects of

environmental quality.

(f) Preliminary permits; notice of application

To issue preliminary permits for the purpose of enabling

applicants for a license hereunder to secure the data and to

perform the acts required by section 802 of this title: Provided,

however, That upon the filing of any application for a preliminary

permit by any person, association, or corporation the Commission,

before granting such application, shall at once give notice of such

application in writing to any State or municipality likely to be

interested in or affected by such application; and shall also

publish notice of such application once each week for four weeks in

a daily or weekly newspaper published in the county or counties in

which the project or any part hereof or the lands affected thereby

are situated.

(g) Investigation of occupancy for developing power; orders

Upon its own motion to order an investigation of any occupancy

of, or evidenced intention to occupy, for the purpose of developing

electric power, public lands, reservations, or streams or other

bodies of water over which Congress has jurisdiction under its

authority to regulate commerce with foreign nations and among the

several States by any person, corporation, State, or municipality

and to issue such order as it may find appropriate, expedient, and

in the public interest to conserve and utilize the navigation and

water-power resources of the region.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 4, 41 Stat. 1065; June 23,

1930, ch. 572, Sec. 2, 46 Stat. 798; renumbered pt. I and amended,

Aug. 26, 1935, ch. 687, title II, Sec. 202, 212, 49 Stat. 839, 847;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub.

L. 97-375, title II, Sec. 212, Dec. 21, 1982, 96 Stat. 1826; Pub.

L. 99-495, Sec. 3(a), Oct. 16, 1986, 100 Stat. 1243.)

-MISC1-

AMENDMENTS

1986 - Subsec. (e). Pub. L. 99-495 inserted provisions that in

deciding whether to issue any license under this subchapter, the

Commission, in addition to power and development purposes, is

required to give equal consideration to purposes of energy

conservation, the protection, mitigation of damage to, and

enhancement of, fish and wildlife, the protection of recreational

opportunities, and the preservation of environmental quality.

1982 - Subsec. (d). Pub. L. 97-375 struck out provision that the

report contain the names and show the compensation of the persons

employed by the Commission.

1935 - Subsec. (a). Act Aug. 26, 1935, Sec. 202, struck out last

paragraph of subsec. (a) which related to statements of cost of

construction, etc., and free access to projects, maps, etc., and is

now covered by subsec. (b).

Subsecs. (b), (c). Act Aug. 26, 1935, Sec. 202, added subsec. (b)

and redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

Subsec. (d). Act Aug. 26, 1935, Sec. 202, redesignated subsec.

(c) as (d) and substituted ''3d day of January'' for ''first Monday

in December'' in second sentence. Former subsec. (d) redesignated

(e).

Subsec. (e). Act Aug. 26, 1935, Sec. 202, redesignated subsec.

(d) and (e) and substituted ''streams or other bodies of water over

which Congress has jurisdiction under its authority to regulate

commerce with foreign nations and among the several States'' for

''navigable waters of the United States'' and ''subsection (f)''

for ''subsection (e)''. Former subsec. (e) redesignated (f).

Subsec. (f). Act Aug. 26, 1935, Sec. 202, redesignated subsec.

(e) as (f) and substituted ''once each week for four weeks'' for

''for eight weeks''. Former section (f), which related to the

power of the Commission to prescribe regulations for the

establishment of a system of accounts and the maintenance thereof,

was struck out by act Aug. 26, 1935.

Subsec. (g). Act Aug. 26, 1935, Sec. 202, added subsec. (g).

Former subsec. (g), which related to the power of the Commission to

hold hearings and take testimony by deposition, was struck out.

Subsec. (h). Act Aug. 26, 1935, Sec. 202, struck out subsec. (h)

which related to the power of the Commission to perform any and all

acts necessary and proper for the purpose of carrying out the

provisions of this chapter.

1930 - Subsec. (d). Act June 23, 1930, inserted sentence

respecting contents of report.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

EFFECTIVE DATE OF 1986 AMENDMENT

Section 18 of Pub. L. 99-495 provided that: ''Except as otherwise

provided in this Act, the amendments made by this Act (enacting

section 823b of this title and amending this section and sections

800, 802, 803, 807, 808, 817, 823a, 824a-3, and 824j of this title)

shall take effect with respect to each license, permit, or

exemption issued under the Federal Power Act after the enactment of

this Act (Oct. 16, 1986). The amendments made by sections 6 and 12

of this Act (enacting section 823b of this title and amending

section 817 of this title) shall apply to licenses, permits, and

exemptions without regard to when issued.''

SAVINGS PROVISION

Section 17(a) of Pub. L. 99-495 provided that: ''Nothing in this

Act (see Short Title of 1986 Amendment note set out under section

791a of this title) shall be construed as authorizing the

appropriation of water by any Federal, State, or local agency,

Indian tribe, or any other entity or individual. Nor shall any

provision of this Act -

''(1) affect the rights or jurisdiction of the United States,

the States, Indian tribes, or other entities over waters of any

river or stream or over any ground water resource;

''(2) alter, amend, repeal, interpret, modify, or be in

conflict with any interstate compact made by the States;

''(3) alter or establish the respective rights of States, the

United States, Indian tribes, or any person with respect to any

water or water-related right;

''(4) affect, expand, or create rights to use transmission

facilities owned by the Federal Government;

''(5) alter, amend, repeal, interpret, modify, or be in

conflict with, the Treaty rights or other rights of any Indian

tribe;

''(6) permit the filing of any competing application in any

relicensing proceeding where the time for filing a competing

application expired before the enactment of this Act (Oct. 16,

1986); or

''(7) modify, supersede, or affect the Pacific Northwest

Electric Power Planning and Conservation Act (16 U.S.C. 839 et

seq.).''

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d) of this section relating to submitting a classified annual

report to Congress showing permits and licenses issued under this

subchapter, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 91 of House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-MISC5-

IMPROVEMENT AT EXISTING FEDERAL FACILITIES

Pub. L. 102-486, title XXIV, Sec. 2404, Oct. 24, 1992, 106 Stat.

3097, as amended by Pub. L. 103-437, Sec. 6(d)(37), Nov. 2, 1994,

108 Stat. 4585; Pub. L. 104-66, title I, Sec. 1052(h), Dec. 21,

1995, 109 Stat. 718, directed Secretary of the Interior and

Secretary of the Army, in consultation with Secretary of Energy, to

perform reconnaissance level studies, for each of the Nation's

principal river basins, of cost effective opportunities to increase

hydropower production at existing federally-owned or operated water

regulation, storage, and conveyance facilities, with such studies

to be completed within 2 years after Oct. 24, 1992, and transmitted

to Congress, further provided that in cases where such studies had

been prepared by any agency of the United States and published

within ten years prior to Oct. 24, 1992, Secretary of the Interior,

or Secretary of the Army, could choose to rely on information

developed by prior studies rather than conduct new studies, and

further provided for appropriations for fiscal years 1993 to 1995.

WATER CONSERVATION AND ENERGY PRODUCTION

Pub. L. 102-486, title XXIV, Sec. 2405, Oct. 24, 1992, 106 Stat.

3098, provided that:

''(a) Studies. - The Secretary of the Interior, acting pursuant

to the Federal reclamation laws (Act of June 17, 1902, 32 Stat.

388) (43 U.S.C. 371 et seq.), and Acts supplementary thereto and

amendatory thereof, is authorized and directed to conduct

feasibility investigations of opportunities to increase the amount

of hydroelectric energy available for marketing by the Secretary

from Federal hydroelectric power generation facilities resulting

from a reduction in the consumptive use of such power for Federal

reclamation project purposes or as a result of an increase in the

amount of water available for such generation because of water

conservation efforts on Federal reclamation projects or a

combination thereof. The Secretary of the Interior is further

authorized and directed to conduct feasibility investigations of

opportunities to mitigate damages to or enhance fish and wildlife

as a result of increasing the amount of water available for such

purposes because of water conservation efforts on Federal

reclamation projects. Such feasibility investigations shall

include, but not be limited to -

''(1) an analysis of the technical, environmental, and economic

feasibility of reducing the amount of water diverted upstream of

such Federal hydroelectric power generation facilities by Federal

reclamation projects;

''(2) an estimate of the reduction, if any, of project power

consumed as a result of the decreased amount of diversion;

''(3) an estimate of the increase in the amount of electrical

energy and related revenues which would result from the marketing

of such power by the Secretary;

''(4) an estimate of the fish and wildlife benefits which would

result from the decreased or modified diversions;

''(5) a finding by the Secretary of the Interior that the

activities proposed in the feasibility study can be carried out

in accordance with applicable Federal and State law, interstate

compacts and the contractual obligations of the Secretary; and

''(6) a finding by the affected Federal Power Marketing

Administrator that the hydroelectric component of the proposed

water conservation feature is cost-effective and that the

affected Administrator is able to market the hydro-electric power

expected to be generated.

''(b) Consultation. - In preparing feasibility studies pursuant

to this section, the Secretary of the Interior shall consult with,

and seek the recommendations of, affected State, local and Indian

tribal interests, and shall provide for appropriate public comment.

''(c) Authorization. - There is hereby authorized to be

appropriated to the Secretary of the Interior such sums as may be

necessary to carry out this section.''

PROJECTS ON FRESH WATERS IN STATE OF HAWAII

Pub. L. 102-486, title XXIV, Sec. 2408, Oct. 24, 1992, 106 Stat.

3100, directed Federal Energy Regulatory Commission, in

consultation with State of Hawaii, to carry out study of

hydroelectric licensing in State of Hawaii for purposes of

considering whether such licensing should be transferred to State,

and directed Commission to complete study and submit report

containing results of study to Congress within 18 months after Oct.

24, 1992.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796, 803, 823c, 828b of

this title; title 42 section 7172.

-CITE-

16 USC Sec. 797a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 797a. Congressional authorization for permits, licenses,

leases, or authorizations for dams, conduits, reservoirs, etc.,

within national parks or monuments

-STATUTE-

On and after March 3, 1921, no permit, license, lease, or

authorization for dams, conduits, reservoirs, power houses,

transmission lines, or other works for storage or carriage of

water, or for the development, transmission, or utilization of

power within the limits as constituted, March 3, 1921, of any

national park or national monument shall be granted or made without

specific authority of Congress.

-SOURCE-

(Mar. 3, 1921, ch. 129, 41 Stat. 1353.)

-COD-

CODIFICATION

Provisions repealing so much of this chapter ''as authorizes

licensing such uses of existing national parks and national

monuments by the Federal Power Commission'' have been omitted.

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

Section 212 of act Aug. 26, 1935, ch. 687, title II, 49 Stat.

847, provided that nothing in this chapter, as amended should be

construed to repeal or amend the provisions of the act approved

Mar. 3, 1921 (41 Stat. 1353) (16 U.S.C. 797a) or the provisions of

any other Act relating to national parks and national monuments.

-CITE-

16 USC Sec. 797b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 797b. Duty to keep Congress fully and currently informed

-STATUTE-

The Federal Energy Regulatory Commission shall keep the Committee

on Energy and Commerce of the United States House of

Representatives and the Committee on Energy and Natural Resources

of the United States Senate fully and currently informed regarding

actions of the Commission with respect to the provisions of Part I

of the Federal Power Act (16 U.S.C. 791a et seq.).

-SOURCE-

(Pub. L. 99-495, Sec. 16, Oct. 16, 1986, 100 Stat. 1259.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, is act June 10, 1920,

ch. 285, 41 Stat. 1063, as amended. Part I of the Federal Power

Act is classified generally to this subchapter (Sec. 791a et

seq.). For complete classification of this Act to the Code, see

section 791a of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Electric Consumers Protection

Act of 1986, and not as part of the Federal Power Act which

generally comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-CITE-

16 USC Sec. 797c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 797c. Dams in National Park System units

-STATUTE-

After October 24, 1992, the Federal Energy Regulatory Commission

may not issue an original license under Part I of the Federal Power

Act (16 U.S.C. 791a et seq.) (nor an exemption from such Part) for

any new hydroelectric power project located within the boundaries

of any unit of the National Park System that would have a direct

adverse effect on Federal lands within any such unit. Nothing in

this section shall be construed as repealing any existing provision

of law (or affecting any treaty) explicitly authorizing a

hydroelectric power project.

-SOURCE-

(Pub. L. 102-486, title XXIV, Sec. 2402, Oct. 24, 1992, 106 Stat.

3097.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, is act June 10, 1920,

ch. 285, 41 Stat. 1063, as amended. Part I of the Act is

classified generally to this subchapter (Sec. 791a et seq.). For

complete classification of this Act to the Code, see section 791a

of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Federal Power Act which generally comprises this

chapter.

-CITE-

16 USC Sec. 797d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 797d. Third party contracting by FERC

-STATUTE-

(a) Environmental impact statements

Where the Federal Energy Regulatory Commission is required to

prepare a draft or final environmental impact statement under the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 and

following) in connection with an application for a license under

part I of the Federal Power Act (16 U.S.C. 791a et seq.), the

Commission may permit, at the election of the applicant, a

contractor, consultant or other person funded by the applicant and

chosen by the Commission from among a list of such individuals or

companies determined by the Commission to be qualified to do such

work, to prepare such statement for the Commission. The contractor

shall execute a disclosure statement prepared by the Commission

specifying that it has no financial or other interest in the

outcome of the project. The Commission shall establish the scope

of work and procedures to assure that the contractor, consultant or

other person has no financial or other potential conflict of

interest in the outcome of the proceeding. Nothing herein shall

affect the Commission's responsibility to comply with the National

Environmental Policy Act of 1969.

(b) Environmental assessments

Where an environmental assessment is required under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 and following) in

connection with an application for a license under part I of the

Federal Power Act (16 U.S.C. 791a et seq.), the Commission may

permit an applicant, or a contractor, consultant or other person

selected by the applicant, to prepare such environmental

assessment. The Commission shall institute procedures, including

pre-application consultations, to advise potential applicants of

studies or other information foreseeably required by the

Commission. The Commission may allow the filing of such

applicant-prepared environmental assessments as part of the

application. Nothing herein shall affect the Commission's

responsibility to comply with the National Environmental Policy Act

of 1969.

(c) Effective date

This section shall take effect with respect to license

applications filed after October 24, 1992.

-SOURCE-

(Pub. L. 102-486, title XXIV, Sec. 2403, Oct. 24, 1992, 106 Stat.

3097.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat.

852, as amended, which is classified generally to chapter 55 (Sec.

4321 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4321 of Title 42 and Tables.

The Federal Power Act, referred to in subsecs. (a) and (b), is

act June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of

the Act is classified generally to this subchapter (Sec. 791a et

seq.). For complete classification of this Act to the Code, see

section 791a of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Federal Power Act which generally comprises this

chapter.

-CITE-

16 USC Sec. 798 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 798. Purpose and scope of preliminary permits; transfer and

cancellation

-STATUTE-

Each preliminary permit issued under this subchapter shall be for

the sole purpose of maintaining priority of application for a

license under the terms of this chapter for such period or periods,

not exceeding a total of three years, as in the discretion of the

Commission may be necessary for making examinations and surveys,

for preparing maps, plans, specifications, and estimates, and for

making financial arrangements. Each such permit shall set forth

the conditions under which priority shall be maintained. Such

permits shall not be transferable, and may be canceled by order of

the Commission upon failure of permittees to comply with the

conditions thereof or for other good cause shown after notice and

opportunity for hearing.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 5, 41 Stat. 1067; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 203,

212, 49 Stat. 841, 847.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 26, 1935, Sec. 203, amended section generally,

striking out ''and a license issued'' at end of second sentence and

inserting ''or for other good cause shown after notice and

opportunity for hearing'' in last sentence.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-CITE-

16 USC Sec. 799 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 799. License; duration, conditions, revocation, alteration, or

surrender

-STATUTE-

Licenses under this subchapter shall be issued for a period not

exceeding fifty years. Each such license shall be conditioned upon

acceptance by the licensee of all of the terms and conditions of

this chapter and such further conditions, if any, as the Commission

shall prescribe in conformity with this chapter, which said terms

and conditions and the acceptance thereof shall be expressed in

said license. Licenses may be revoked only for the reasons and in

the manner prescribed under the provisions of this chapter, and may

be altered or surrendered only upon mutual agreement between the

licensee and the Commission after thirty days' public notice.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 6, 41 Stat. 1067; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 204,

212, 49 Stat. 841, 847; Pub. L. 104-106, div. D, title XLIII, Sec.

4321(i)(6), Feb. 10, 1996, 110 Stat. 676; Pub. L. 104-316, title I,

Sec. 108(a), Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105-192, Sec.

2, July 14, 1998, 112 Stat. 625.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-192 inserted at end ''Licenses may be revoked

only for the reasons and in the manner prescribed under the

provisions of this chapter, and may be altered or surrendered only

upon mutual agreement between the licensee and the Commission after

thirty days' public notice.''

1996 - Pub. L. 104-316 struck out at end ''Licenses may be

revoked only for the reasons and in the manner prescribed under the

provisions of this chapter, and may be altered or surrendered only

upon mutual agreement between the licensee and the Commission after

thirty days' public notice.''

Pub. L. 104-106 struck out at end ''Copies of all licenses issued

under the provisions of this subchapter and calling for the payment

of annual charges shall be deposited with the General Accounting

Office, in compliance with section 20 of title 41.''

1935 - Act Aug. 26, 1935, Sec. 204, amended section generally,

substituting ''thirty days'' for ''ninety days'' in third sentence

and inserting last sentence.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L.

104-106, see section 4401 of Pub. L. 104-106, set out as a note

under section 251 of Title 41, Public Contracts.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-CITE-

16 USC Sec. 800 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 800. Issuance of preliminary permits or licenses

-STATUTE-

(a) Preference

In issuing preliminary permits hereunder or original licenses

where no preliminary permit has been issued, the Commission shall

give preference to applications therefor by States and

municipalities, provided the plans for the same are deemed by the

Commission equally well adapted, or shall within a reasonable time

to be fixed by the Commission be made equally well adapted, to

conserve and utilize in the public interest the water resources of

the region; and as between other applicants, the Commission may

give preference to the applicant the plans of which it finds and

determines are best adapted to develop, conserve, and utilize in

the public interest the water resources of the region, if it be

satisfied as to the ability of the applicant to carry out such

plans.

(b) Development of water resources by United States; reports

Whenever, in the judgment of the Commission, the development of

any water resources for public purposes should be undertaken by the

United States itself, the Commission shall not approve any

application for any project affecting such development, but shall

cause to be made such examinations, surveys, reports, plans, and

estimates of the cost of the proposed development as it may find

necessary, and shall submit its findings to Congress with such

recommendations as it may find appropriate concerning such

development.

(c) Assumption of project by United States after expiration of

license

Whenever, after notice and opportunity for hearing, the

Commission determines that the United States should exercise its

right upon or after the expiration of any license to take over any

project or projects for public purposes, the Commission shall not

issue a new license to the original licensee or to a new licensee

but shall submit its recommendation to Congress together with such

information as it may consider appropriate.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 7, 41 Stat. 1067; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 205,

212, 49 Stat. 842, 847; Pub. L. 90-451, Sec. 1, Aug. 3, 1968, 82

Stat. 616; Pub. L. 99-495, Sec. 2, Oct. 16, 1986, 100 Stat. 1243.)

-COD-

CODIFICATION

Additional provisions in the section as enacted by act June 10,

1920, directing the commission to investigate the cost and economic

value of the power plant outlined in project numbered 3, House

Document numbered 1400, Sixty-second Congress, third session, and

also in connection with such project to submit plans and estimates

of cost necessary to secure an increased water supply for the

District of Columbia, have been omitted as temporary and executed.

-MISC3-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-495 inserted ''original'' after

''hereunder or'' and substituted ''issued,'' for ''issued and in

issuing licenses to new licensees under section 808 of this

title''.

1968 - Subsec. (c). Pub. L. 90-451 added subsec. (c).

1935 - Act Aug. 26, 1935, Sec. 205, amended section generally,

striking out ''navigation and'' before ''water resources'' wherever

appearing, and designating paragraphs as subsecs. (a) and (b).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 807 of this title.

-CITE-

16 USC Sec. 801 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 801. Transfer of license; obligations of transferee

-STATUTE-

No voluntary transfer of any license, or of the rights thereunder

granted, shall be made without the written approval of the

commission; and any successor or assign of the rights of such

licensee, whether by voluntary transfer, judicial sale, foreclosure

sale, or otherwise, shall be subject to all the conditions of the

license under which such rights are held by such licensee and also

subject to all the provisions and conditions of this chapter to the

same extent as though such successor or assign were the original

licensee under this chapter: Provided, That a mortgage or trust

deed or judicial sales made thereunder or under tax sales shall not

be deemed voluntary transfers within the meaning of this section.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 8, 41 Stat. 1068; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 802 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 802. Information to accompany application for license;

landowner notification

-STATUTE-

(a) Each applicant for a license under this chapter shall submit

to the commission -

(1) Such maps, plans, specifications, and estimates of cost as

may be required for a full understanding of the proposed project.

Such maps, plans, and specifications when approved by the

commission shall be made a part of the license; and thereafter no

change shall be made in said maps, plans, or specifications until

such changes shall have been approved and made a part of such

license by the commission.

(2) Satisfactory evidence that the applicant has complied with

the requirements of the laws of the State or States within which

the proposed project is to be located with respect to bed and banks

and to the appropriation, diversion, and use of water for power

purposes and with respect to the right to engage in the business of

developing, transmitting and distributing power, and in any other

business necessary to effect the purposes of a license under this

chapter.

(3) (FOOTNOTE 1) Such additional information as the commission

may require.

(FOOTNOTE 1) See Codification note below.

(b) Upon the filing of any application for a license (other than

a license under section 808 of this title) the applicant shall make

a good faith effort to notify each of the following by certified

mail:

(1) Any person who is an owner of record of any interest in the

property within the bounds of the project.

(2) Any Federal, State, municipal or other local governmental

agency likely to be interested in or affected by such

application.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 9, 41 Stat. 1068; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847;

Pub. L. 99-495, Sec. 14, Oct. 16, 1986, 100 Stat. 1257.)

-COD-

CODIFICATION

Former subsec. (c), included in the provisions designated as

subsec. (a) by Pub. L. 99-495, has been editorially redesignated as

par. (3) of subsec. (a) as the probable intent of Congress.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-495 designated existing provisions as subsec.

(a), redesignated former subsecs. (a) and (b) as pars. (1) and (2)

of subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 797 of this title.

-CITE-

16 USC Sec. 803 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 803. Conditions of license generally

-STATUTE-

All licenses issued under this subchapter shall be on the

following conditions:

(a) Modification of plans; factors considered to secure

adaptability of project; recommendations for proposed terms and

conditions

(1) That the project adopted, including the maps, plans, and

specifications, shall be such as in the judgment of the Commission

will be best adapted to a comprehensive plan for improving or

developing a waterway or waterways for the use or benefit of

interstate or foreign commerce, for the improvement and utilization

of water-power development, for the adequate protection,

mitigation, and enhancement of fish and wildlife (including related

spawning grounds and habitat), and for other beneficial public

uses, including irrigation, flood control, water supply, and

recreational and other purposes referred to in section 797(e) of

this title (FOOTNOTE 1) if necessary in order to secure such plan

the Commission shall have authority to require the modification of

any project and of the plans and specifications of the project

works before approval.

(FOOTNOTE 1) So in original. Probably should be followed by '';

and''.

(2) In order to ensure that the project adopted will be best

adapted to the comprehensive plan described in paragraph (1), the

Commission shall consider each of the following:

(A) The extent to which the project is consistent with a

comprehensive plan (where one exists) for improving, developing,

or conserving a waterway or waterways affected by the project

that is prepared by -

(i) an agency established pursuant to Federal law that has

the authority to prepare such a plan; or

(ii) the State in which the facility is or will be located.

(B) The recommendations of Federal and State agencies

exercising administration over flood control, navigation,

irrigation, recreation, cultural and other relevant resources of

the State in which the project is located, and the

recommendations (including fish and wildlife recommendations) of

Indian tribes affected by the project.

(C) In the case of a State or municipal applicant, or an

applicant which is primarily engaged in the generation or sale of

electric power (other than electric power solely from

cogeneration facilities or small power production facilities),

the electricity consumption efficiency improvement program of the

applicant, including its plans, performance and capabilities for

encouraging or assisting its customers to conserve electricity

cost-effectively, taking into account the published policies,

restrictions, and requirements of relevant State regulatory

authorities applicable to such applicant.

(3) Upon receipt of an application for a license, the Commission

shall solicit recommendations from the agencies and Indian tribes

identified in subparagraphs (A) and (B) of paragraph (2) for

proposed terms and conditions for the Commission's consideration

for inclusion in the license.

(b) Alterations in project works

That except when emergency shall require for the protection of

navigation, life, health, or property, no substantial alteration or

addition not in conformity with the approved plans shall be made to

any dam or other project works constructed hereunder of an

installed capacity in excess of two thousand horsepower without the

prior approval of the Commission; and any emergency alteration or

addition so made shall thereafter be subject to such modification

and change as the Commission may direct.

(c) Maintenance and repair of project works; liability of licensee

for damages

That the licensee shall maintain the project works in a condition

of repair adequate for the purposes of navigation and for the

efficient operation of said works in the development and

transmission of power, shall make all necessary renewals and

replacements, shall establish and maintain adequate depreciation

reserves for such purposes, shall so maintain, and operate said

works as not to impair navigation, and shall conform to such rules

and regulations as the Commission may from time to time prescribe

for the protection of life, health, and property. Each licensee

hereunder shall be liable for all damages occasioned to the

property of others by the construction, maintenance, or operation

of the project works or of the works appurtenant or accessory

thereto, constructed under the license and in no event shall the

United States be liable therefor.

(d) Amortization reserves

That after the first twenty years of operation, out of surplus

earned thereafter, if any, accumulated in excess of a specified

reasonable rate of return upon the net investment of a licensee in

any project or projects under license, the licensee shall establish

and maintain amortization reserves, which reserves shall, in the

discretion of the Commission, be held until the termination of the

license or be applied from time to time in reduction of the net

investment. Such specified rate of return and the proportion of

such surplus earnings to be paid into and held in such reserves

shall be set forth in the license. For any new license issued

under section 808 of this title, the amortization reserves under

this subsection shall be maintained on and after the effective date

of such new license.

(e) Annual charges payable by licensees; maximum rates;

application; review and report to Congress

(1) That the licensee shall pay to the United States reasonable

annual charges in an amount to be fixed by the Commission for the

purpose of reimbursing the United States for the costs of the

administration of this subchapter, including any reasonable and

necessary costs incurred by Federal and State fish and wildlife

agencies and other natural and cultural resource agencies in

connection with studies or other reviews carried out by such

agencies for purposes of administering their responsibilities under

this subchapter; for recompensing it for the use, occupancy, and

enjoyment of its lands or other property; and for the expropriation

to the Government of excessive profits until the respective States

shall make provision for preventing excessive profits or for the

expropriation thereof to themselves, or until the period of

amortization as herein provided is reached, and in fixing such

charges the Commission shall seek to avoid increasing the price to

the consumers of power by such charges, and any such charges may be

adjusted from time to time by the Commission as conditions may

require: Provided, That, subject to annual appropriations Acts, the

portion of such annual charges imposed by the Commission under this

subsection to cover the reasonable and necessary costs of such

agencies shall be available to such agencies (in addition to other

funds appropriated for such purposes) solely for carrying out such

studies and reviews and shall remain available until expended:

Provided, That when licenses are issued involving the use of

Government dams or other structures owned by the United States or

tribal lands embraced within Indian reservations the Commission

shall, subject to the approval of the Secretary of the Interior in

the case of such dams or structures in reclamation projects and, in

the case of such tribal lands, subject to the approval of the

Indian tribe having jurisdiction of such lands as provided in

section 476 of title 25, fix a reasonable annual charge for the use

thereof, and such charges may with like approval be readjusted by

the Commission at the end of twenty years after the project is

available for service and at periods of not less than ten years

thereafter upon notice and opportunity for hearing: Provided

further, That licenses for the development, transmission, or

distribution of power by States or municipalities shall be issued

and enjoyed without charge to the extent such power is sold to the

public without profit or is used by such State or municipality for

State or municipal purposes, except that as to projects constructed

or to be constructed by States or municipalities primarily designed

to provide or improve navigation, licenses therefor shall be issued

without charge; and that licenses for the development,

transmission, or distribution of power for domestic, mining, or

other beneficial use in projects of not more than two thousand

horsepower installed capacity may be issued without charge, except

on tribal lands within Indian reservations; but in no case shall a

license be issued free of charge for the development and

utilization of power created by any Government dam and that the

amount charged therefor in any license shall be such as determined

by the Commission: Provided however, That no charge shall be

assessed for the use of any Government dam or structure by any

licensee if, before January 1, 1985, the Secretary of the Interior

has entered into a contract with such licensee that meets each of

the following requirements:

(A) The contract covers one or more projects for which a

license was issued by the Commission before January 1, 1985.

(B) The contract contains provisions specifically providing

each of the following:

(i) A powerplant may be built by the licensee utilizing

irrigation facilities constructed by the United States.

(ii) The powerplant shall remain in the exclusive control,

possession, and ownership of the licensee concerned.

(iii) All revenue from the powerplant and from the use, sale,

or disposal of electric energy from the powerplant shall be,

and remain, the property of such licensee.

(C) The contract is an amendatory, supplemental and replacement

contract between the United States and: (i) the Quincy-Columbia

Basin Irrigation District (Contract No. 14-06-100-6418); (ii) the

East Columbia Basin Irrigation District (Contract No.

14-06-100-6419); or, (iii) the South Columbia Basin Irrigation

District (Contract No. 14-06-100-6420).

This paragraph shall apply to any project covered by a contract

referred to in this paragraph only during the term of such contract

unless otherwise provided by subsequent Act of Congress. In the

event an overpayment of any charge due under this section shall be

made by a licensee, the Commission is authorized to allow a credit

for such overpayment when charges are due for any subsequent

period.

(2) In the case of licenses involving the use of Government dams

or other structures owned by the United States, the charges fixed

(or readjusted) by the Commission under paragraph (1) for the use

of such dams or structures shall not exceed 1 mill per

kilowatt-hour for the first 40 gigawatt-hours of energy a project

produces in any year, 1 1/2 mills per kilowatt-hour for over 40 up

to and including 80 gigawatt-hours in any year, and 2 mills per

kilowatt-hour for any energy the project produces over 80

gigawatt-hours in any year. Except as provided in subsection (f)

of this section, such charge shall be the only charge assessed by

any agency of the United States for the use of such dams or

structures.

(3) The provisions of paragraph (2) shall apply with respect to -

(A) all licenses issued after October 16, 1986; and

(B) all licenses issued before October 16, 1986, which -

(i) did not fix a specific charge for the use of the

Government dam or structure involved; and

(ii) did not specify that no charge would be fixed for the

use of such dam or structure.

(4) Every 5 years, the Commission shall review the

appropriateness of the annual charge limitations provided for in

this subsection and report to Congress concerning its

recommendations thereon.

(f) Reimbursement by licensee of other licensees, etc.

That whenever any licensee hereunder is directly benefited by the

construction work of another licensee, a permittee, or of the

United States of a storage reservoir or other headwater

improvement, the Commission shall require as a condition of the

license that the licensee so benefited shall reimburse the owner of

such reservoir or other improvements for such part of the annual

charges for interest, maintenance, and depreciation thereon as the

Commission may deem equitable. The proportion of such charges to

be paid by any licensee shall be determined by the Commission. The

licensees or permittees affected shall pay to the United States the

cost of making such determination as fixed by the Commission.

Whenever such reservoir or other improvement is constructed by

the United States the Commission shall assess similar charges

against any licensee directly benefited thereby, and any amount so

assessed shall be paid into the Treasury of the United States, to

be reserved and appropriated as a part of the special fund for

headwater improvements as provided in section 810 of this title.

Whenever any power project not under license is benefited by the

construction work of a licensee or permittee, the United States or

any agency thereof, the Commission, after notice to the owner or

owners of such unlicensed project, shall determine and fix a

reasonable and equitable annual charge to be paid to the licensee

or permittee on account of such benefits, or to the United States

if it be the owner of such headwater improvement.

(g) Conditions in discretion of commission

Such other conditions not inconsistent with the provisions of

this chapter as the commission may require.

(h) Monopolistic combinations; prevention or minimization of

anticompetitive conduct; action by Commission regarding license

and operation and maintenance of project

(1) Combinations, agreements, arrangements, or understandings,

express or implied, to limit the output of electrical energy, to

restrain trade, or to fix, maintain, or increase prices for

electrical energy or service are hereby prohibited.

(2) That conduct under the license that: (A) results in the

contravention of the policies expressed in the antitrust laws; and

(B) is not otherwise justified by the public interest considering

regulatory policies expressed in other applicable law (including

but not limited to those contained in subchapter II of this

chapter) shall be prevented or adequately minimized by means of

conditions included in the license prior to its issuance. In the

event it is impossible to prevent or adequately minimize the

contravention, the Commission shall refuse to issue any license to

the applicant for the project and, in the case of an existing

project, shall take appropriate action to provide thereafter for

the operation and maintenance of the affected project and for the

issuing of a new license in accordance with section 808 of this

title.

(i) Waiver of conditions

In issuing licenses for a minor part only of a complete project,

or for a complete project of not more than two thousand horsepower

installed capacity, the Commission may in its discretion waive such

conditions, provisions, and requirements of this subchapter, except

the license period of fifty years, as it may deem to be to the

public interest to waive under the circumstances: Provided, That

the provisions hereof shall not apply to annual charges for use of

lands within Indian reservations.

(j) Fish and wildlife protection, mitigation and enhancement;

consideration of recommendations; findings

(1) That in order to adequately and equitably protect, mitigate

damages to, and enhance, fish and wildlife (including related

spawning grounds and habitat) affected by the development,

operation, and management of the project, each license issued under

this subchapter shall include conditions for such protection,

mitigation, and enhancement. Subject to paragraph (2), such

conditions shall be based on recommendations received pursuant to

the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from

the National Marine Fisheries Service, the United States Fish and

Wildlife Service, and State fish and wildlife agencies.

(2) Whenever the Commission believes that any recommendation

referred to in paragraph (1) may be inconsistent with the purposes

and requirements of this subchapter or other applicable law, the

Commission and the agencies referred to in paragraph (1) shall

attempt to resolve any such inconsistency, giving due weight to the

recommendations, expertise, and statutory responsibilities of such

agencies. If, after such attempt, the Commission does not adopt in

whole or in part a recommendation of any such agency, the

Commission shall publish each of the following findings (together

with a statement of the basis for each of the findings):

(A) A finding that adoption of such recommendation is

inconsistent with the purposes and requirements of this

subchapter or with other applicable provisions of law.

(B) A finding that the conditions selected by the Commission

comply with the requirements of paragraph (1).

Subsection (i) of this section shall not apply to the conditions

required under this subsection.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 10, 41 Stat. 1068; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 206,

212, 49 Stat. 842, 847; Pub. L. 87-647, Sept. 7, 1962, 76 Stat.

447; Pub. L. 90-451, Sec. 4, Aug. 3, 1968, 82 Stat. 617; Pub. L.

99-495, Sec. 3(b), (c), 9(a), 13, Oct. 16, 1986, 100 Stat. 1243,

1244, 1252, 1257; Pub. L. 99-546, title IV, Sec. 401, Oct. 27,

1986, 100 Stat. 3056; Pub. L. 102-486, title XVII, Sec. 1701(a),

Oct. 24, 1992, 106 Stat. 3008.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (h)(2), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

The Fish and Wildlife Coordination Act, referred to in subsec.

(j)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended,

which is classified generally to sections 661 to 666c of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 661 of this title and

Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (e)(1). Pub. L. 102-486, in introductory

provisions, substituted ''administration of this subchapter,

including any reasonable and necessary costs incurred by Federal

and State fish and wildlife agencies and other natural and cultural

resource agencies in connection with studies or other reviews

carried out by such agencies for purposes of administering their

responsibilities under this subchapter;'' for ''administration of

this subchapter;'' and inserted ''Provided, That, subject to annual

appropriations Acts, the portion of such annual charges imposed by

the Commission under this subsection to cover the reasonable and

necessary costs of such agencies shall be available to such

agencies (in addition to other funds appropriated for such

purposes) solely for carrying out such studies and reviews and

shall remain available until expended:'' after ''as conditions may

require:''.

1986 - Subsec. (a). Pub. L. 99-495, Sec. 3(b), designated

existing provisions as par. (1), inserted ''for the adequate

protection, mitigation, and enhancement of fish and wildlife

(including related spawning grounds and habitat),'' after

''water-power development'', inserted ''irrigation, flood control,

water supply, and'' after ''including'', which words were inserted

after ''public uses, including'' as the probable intent of

Congress, substituted ''and other purposes referred to in section

797(e) of this title'' for ''purposes; and'', and added pars. (2)

and (3).

Subsec. (e). Pub. L. 99-546 inserted proviso that no charge be

assessed for use of Government dam or structure by licensee if,

before Jan. 1, 1985, licensee and Secretary entered into contract

which met requirements of date of license, powerplant construction,

ownership, and revenue, etc.

Pub. L. 99-495, Sec. 9(a), designated existing provisions as par.

(1) and added pars. (2) to (4).

Subsec. (h). Pub. L. 99-495, Sec. 13, designated existing

provisions as par. (1) and added par. (2).

Subsec. (j). Pub. L. 99-495, Sec. 3(c), added subsec. (j).

1968 - Subsec. (d). Pub. L. 90-451 provided for maintenance of

amortization reserves on and after effective date of new licenses.

1962 - Subsecs. (b), (e), (i). Pub. L. 87-647 substituted ''two

thousand horsepower'' for ''one hundred horsepower''.

1935 - Subsec. (a). Act Aug. 26, 1935, Sec. 206, substituted

''plan for improving or developing a waterway or waterways for the

use or benefit of interstate or foreign commerce, for the

improvement and utilization of water-power development, and for

other beneficial uses, including recreational purposes'' for

''scheme of improvement and utilization for the purposes of

navigation, of water-power development, and of other beneficial

public uses,'' and ''such plan'' for ''such scheme''.

Subsec. (b). Act Aug. 26, 1935, Sec. 206, inserted ''installed''

before ''capacity''.

Subsec. (d). Act Aug. 26, 1935, Sec. 206, substituted ''net

investment'' for ''actual, legitimate investment''.

Subsec. (e). Act Aug. 26, 1935, Sec. 206, amended subsec. (e)

generally.

Subsec. (f). Act Aug. 26, 1935, Sec. 206, inserted last sentence

to first par., and inserted last par.

Subsec. (i). Act Aug. 26, 1935, Sec. 206, inserted ''installed''

before ''capacity'', and ''annual charges for use of'' before

''lands'' in proviso.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

SAVINGS PROVISION

Section 9(b) of Pub. L. 99-495 provided that: ''Nothing in this

Act (see Short Title of 1986 Amendment note set out under section

791a of this title) shall affect any annual charge to be paid

pursuant to section 10(e) of the Federal Power Act (16 U.S.C.

803(e)) to Indian tribes for the use of their lands within Indian

reservations.''

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e)(4) of this section relating to reporting recommendations to

Congress every 5 years, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 91 of House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 808, 823a, 824a-3 of this

title; title 42 section 7178.

-CITE-

16 USC Sec. 804 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 804. Project works affecting navigable waters; requirements

insertable in license

-STATUTE-

If the dam or other project works are to be constructed across,

along, or in any of the navigable waters of the United States, the

commission may, insofar as it deems the same reasonably necessary

to promote the present and future needs of navigation and

consistent with a reasonable investment cost to the licensee,

include in the license any one or more of the following provisions

or requirements:

(a) That such licensee shall, to the extent necessary to preserve

and improve navigation facilities, construct, in whole or in part,

without expense to the United States, in connection with such dam,

a lock or locks, booms, sluices, or other structures for navigation

purposes, in accordance with plans and specifications approved by

the Chief of Engineers and the Secretary of the Army and made part

of such license.

(b) That in case such structures for navigation purposes are not

made a part of the original construction at the expense of the

licensee, then whenever the United States shall desire to complete

such navigation facilities the licensee shall convey to the United

States, free of cost, such of its land and its rights-of-way and

such right of passage through its dams or other structures, and

permit such control of pools as may be required to complete such

navigation facilities.

(c) That such licensee shall furnish free of cost to the United

States power for the operation of such navigation facilities,

whether constructed by the licensee or by the United States.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 11, 41 Stat. 1070; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 805 of this title.

-CITE-

16 USC Sec. 805 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 805. Participation by Government in costs of locks, etc.

-STATUTE-

Whenever application is filed for a project hereunder involving

navigable waters of the United States, and the commission shall

find upon investigation that the needs of navigation require the

construction of a lock or locks or other navigation structures, and

that such structures cannot, consistent with a reasonable

investment cost to the applicant, be provided in the manner

specified in subsection (a) of section 804 of this title, the

commission may grant the application with the provision to be

expressed in the license that the licensee will install the

necessary navigation structures if the Government fails to make

provision therefor within a time to be fixed in the license and

cause a report upon such project to be prepared, with estimates of

cost of the power development and of the navigation structures, and

shall submit such report to Congress with such recommendations as

it deems appropriate concerning the participation of the United

States in the cost of construction of such navigation structures.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 12, 41 Stat. 1070; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-CITE-

16 USC Sec. 806 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 806. Time limit for construction of project works; extension

of time; termination or revocation of licenses for delay

-STATUTE-

The licensee shall commence the construction of the project works

within the time fixed in the license, which shall not be more than

two years from the date thereof, shall thereafter in good faith and

with due diligence prosecute such construction, and shall within

the time fixed in the license complete and put into operation such

part of the ultimate development as the commission shall deem

necessary to supply the reasonable needs of the then available

market, and shall from time to time thereafter construct such

portion of the balance of such development as the commission may

direct, so as to supply adequately the reasonable market demands

until such development shall have been completed. The periods for

the commencement of construction may be extended once but not

longer than two additional years and the period for the completion

of construction carried on in good faith and with reasonable

diligence may be extended by the commission when not incompatible

with the public interests. In case the licensee shall not commence

actual construction of the project works, or of any specified part

thereof, within the time prescribed in the license or as extended

by the commission, then, after due notice given, the license shall,

as to such project works or part thereof, be terminated upon

written order of the commission. In case the construction of the

project works, or of any specified part thereof, has been begun but

not completed within the time prescribed in the license, or as

extended by the commission, then the Attorney General, upon the

request of the commission, shall institute proceedings in equity in

the district court of the United States for the district in which

any part of the project is situated for the revocation of said

license, the sale of the works constructed, and such other

equitable relief as the case may demand, as provided for in section

820 of this title.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 13, 41 Stat. 1071; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-REFTEXT-

REFERENCES IN TEXT

Proceedings in equity, referred to in text, were abolished by the

adoption of rule 2 of the Federal Rules of Civil Procedure, set out

in the Appendix to Title 28, Judiciary and Judicial Procedure,

which provided that ''there shall be one form of action to be known

as 'civil action' ''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-CITE-

16 USC Sec. 807 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 807. Right of Government to take over project works

-STATUTE-

(a) Compensation; condemnation by Federal or State Government

Upon not less than two years' notice in writing from the

commission the United States shall have the right upon or after the

expiration of any license to take over and thereafter to maintain

and operate any project or projects as defined in section 796 of

this title, and covered in whole or in part by the license, or the

right to take over upon mutual agreement with the licensee all

property owned and held by the licensee then valuable and

serviceable in the development, transmission, or distribution of

power and which is then dependent for its usefulness upon the

continuance of the license, together with any lock or locks or

other aids to navigation constructed at the expense of the

licensee, upon the condition that before taking possession it shall

pay the net investment of the licensee in the project or projects

taken, not to exceed the fair value of the property taken, plus

such reasonable damages, if any, to property of the licensee

valuable, serviceable, and dependent as above set forth but not

taken, as may be caused by the severance therefrom of property

taken, and shall assume all contracts entered into by the licensee

with the approval of the Commission. The net investment of the

licensee in the project or projects so taken and the amount of such

severance damages, if any, shall be determined by the Commission

after notice and opportunity for hearing. Such net investment

shall not include or be affected by the value of any lands,

rights-of-way, or other property of the United States licensed by

the Commission under this chapter, by the license or by good will,

going value, or prospective revenues; nor shall the values allowed

for water rights, rights-of-way, lands, or interest in lands be in

excess of the actual reasonable cost thereof at the time of

acquisition by the licensee: Provided, That the right of the United

States or any State or municipality to take over, maintain, and

operate any project licensed under this chapter at any time by

condemnation proceedings upon payment of just compensation is

expressly reserved.

(b) Relicensing proceedings; Federal agency recommendations of take

over by Government; stay of orders for new licenses;

termination of stay; notice to Congress

In any relicensing proceeding before the Commission any Federal

department or agency may timely recommend, pursuant to such rules

as the Commission shall prescribe, that the United States exercise

its right to take over any project or projects. Thereafter, the

Commission, if its (FOOTNOTE 1) does not itself recommend such

action pursuant to the provisions of section 800(c) of this title,

shall upon motion of such department or agency stay the effective

date of any order issuing a license, except an order issuing an

annual license in accordance with the proviso of section 808(a) of

this title, for two years after the date of issuance of such order,

after which period the stay shall terminate, unless terminated

earlier upon motion of the department or agency requesting the stay

or by action of Congress. The Commission shall notify the Congress

of any stay granted pursuant to this subsection.

(FOOTNOTE 1) So in original. Probably should be ''it''.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 14, 41 Stat. 1071; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 207,

212, 49 Stat. 844, 847; Pub. L. 90-451, Sec. 2, Aug. 3, 1968, 82

Stat. 617; Pub. L. 99-495, Sec. 4(b)(2), Oct. 16, 1986, 100 Stat.

1248.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-495 struck out first sentence

which read as follows: ''No earlier than five years before the

expiration of any license, the Commission shall entertain

applications for a new license and decide them in a relicensing

proceeding pursuant to the provisions of section 808 of this

title.''

1968 - Pub. L. 90-451 designated existing provisions as subsec.

(a) and added subsec. (b).

1935 - Act Aug. 26, 1935, Sec. 207, amended section generally.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 808, 820, 828b of this

title.

-CITE-

16 USC Sec. 808 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 808. New licenses and renewals

-STATUTE-

(a) Relicensing procedures; terms and conditions; issuance to

applicant with proposal best adapted to serve public interest;

factors considered

(1) If the United States does not, at the expiration of the

existing license, exercise its right to take over, maintain, and

operate any project or projects of the licensee, as provided in

section 807 of this title, the commission is authorized to issue a

new license to the existing licensee upon such terms and conditions

as may be authorized or required under the then existing laws and

regulations, or to issue a new license under said terms and

conditions to a new licensee, which license may cover any project

or projects covered by the existing license, and shall be issued on

the condition that the new licensee shall, before taking possession

of such project or projects, pay such amount, and assume such

contracts as the United States is required to do in the manner

specified in section 807 of this title: Provided, That in the event

the United States does not exercise the right to take over or does

not issue a license to a new licensee, or issue a new license to

the existing licensee, upon reasonable terms, then the commission

shall issue from year to year an annual license to the then

licensee under the terms and conditions of the existing license

until the property is taken over or a new license is issued as

aforesaid.

(2) Any new license issued under this section shall be issued to

the applicant having the final proposal which the Commission

determines is best adapted to serve the public interest, except

that in making this determination the Commission shall ensure that

insignificant differences with regard to subparagraphs (A) through

(G) of this paragraph between competing applications are not

determinative and shall not result in the transfer of a project.

In making a determination under this section (whether or not more

than one application is submitted for the project), the Commission

shall, in addition to the requirements of section 803 of this

title, consider (and explain such consideration in writing) each of

the following:

(A) The plans and abilities of the applicant to comply with (i)

the articles, terms, and conditions of any license issued to it

and (ii) other applicable provisions of this subchapter.

(B) The plans of the applicant to manage, operate, and maintain

the project safely.

(C) The plans and abilities of the applicant to operate and

maintain the project in a manner most likely to provide efficient

and reliable electric service.

(D) The need of the applicant over the short and long term for

the electricity generated by the project or projects to serve its

customers, including, among other relevant considerations, the

reasonable costs and reasonable availability of alternative

sources of power, taking into consideration conservation and

other relevant factors and taking into consideration the effect

on the provider (including its customers) of the alternative

source of power, the effect on the applicant's operating and load

characteristics, the effect on communities served or to be served

by the project, and in the case of an applicant using power for

the applicant's own industrial facility and related operations,

the effect on the operation and efficiency of such facility or

related operations, its workers, and the related community. In

the case of an applicant that is an Indian tribe applying for a

license for a project located on the tribal reservation, a

statement of the need of such tribe for electricity generated by

the project to foster the purposes of the reservation may be

included.

(E) The existing and planned transmission services of the

applicant, taking into consideration system reliability, costs,

and other applicable economic and technical factors.

(F) Whether the plans of the applicant will be achieved, to the

greatest extent possible, in a cost effective manner.

(G) Such other factors as the Commission may deem relevant,

except that the terms and conditions in the license for the

protection, mitigation, or enhancement of fish and wildlife

resources affected by the development, operation, and management

of the project shall be determined in accordance with section 803

of this title, and the plans of an applicant concerning fish and

wildlife shall not be subject to a comparative evaluation under

this subsection.

(3) In the case of an application by the existing licensee, the

Commission shall also take into consideration each of the

following:

(A) The existing licensee's record of compliance with the terms

and conditions of the existing license.

(B) The actions taken by the existing licensee related to the

project which affect the public.

(b) Notification of intention regarding renewal; public

availability of documents; notice to public and Federal

agencies; identification of Federal or Indian lands included;

additional information required

(1) Each existing licensee shall notify the Commission whether

the licensee intends to file an application for a new license or

not. Such notice shall be submitted at least 5 years before the

expiration of the existing license.

(2) At the time notice is provided under paragraph (1), the

existing licensee shall make each of the following reasonably

available to the public for inspection at the offices of such

licensee: current maps, drawings, data, and such other information

as the Commission shall, by rule, require regarding the

construction and operation of the licensed project. Such

information shall include, to the greatest extent practicable

pertinent energy conservation, recreation, fish and wildlife, and

other environmental information. Copies of the information shall

be made available at reasonable costs of reproduction. Within 180

days after October 16, 1986, the Commission shall promulgate

regulations regarding the information to be provided under this

paragraph.

(3) Promptly following receipt of notice under paragraph (1), the

Commission shall provide public notice of whether an existing

licensee intends to file or not to file an application for a new

license. The Commission shall also promptly notify the National

Marine Fisheries Service and the United States Fish and Wildlife

Service, and the appropriate State fish and wildlife agencies.

(4) The Commission shall require the applicant to identify any

Federal or Indian lands included in the project boundary, together

with a statement of the annual fees paid as required by this

subchapter for such lands, and to provide such additional

information as the Commission deems appropriate to carry out the

Commission's responsibilities under this section.

(c) Time of filing application; consultation and participation in

studies with fish and wildlife agencies; notice to applicants;

adjustment of time periods

(1) Each application for a new license pursuant to this section

shall be filed with the Commission at least 24 months before the

expiration of the term of the existing license. Each applicant

shall consult with the fish and wildlife agencies referred to in

subsection (b) of this section and, as appropriate, conduct studies

with such agencies. Within 60 days after the statutory deadline

for the submission of applications, the Commission shall issue a

notice establishing expeditious procedures for relicensing and a

deadline for submission of final amendments, if any, to the

application.

(2) The time periods specified in this subsection and in

subsection (b) of this section shall be adjusted, in a manner that

achieves the objectives of this section, by the Commission by rule

or order with respect to existing licensees who, by reason of the

expiration dates of their licenses, are unable to comply with a

specified time period.

(d) Adequacy of transmission facilities; provision of services to

successor by existing licensee; tariff; final order;

modification, extension or termination of order

(1) In evaluating applications for new licenses pursuant to this

section, the Commission shall not consider whether an applicant has

adequate transmission facilities with regard to the project.

(2) When the Commission issues a new license (pursuant to this

section) to an applicant which is not the existing licensee of the

project and finds that it is not feasible for the new licensee to

utilize the energy from such project without provision by the

existing licensee of reasonable services, including transmission

services, the Commission shall give notice to the existing licensee

and the new licensee to immediately enter into negotiations for

such services and the costs demonstrated by the existing licensee

as being related to the provision of such services. It is the

intent of the Congress that such negotiations be carried out in

good faith and that a timely agreement be reached between the

parties in order to facilitate the transfer of the license by the

date established when the Commission issued the new license. If

such parties do not notify the Commission that within the time

established by the Commission in such notice (and if appropriate,

in the judgment of the Commission, one 45-day extension thereof), a

mutually satisfactory arrangement for such services that is

consistent with the provisions of this chapter has been executed,

the Commission shall order the existing licensee to file (pursuant

to section 824d of this title) with the Commission a tariff,

subject to refund, ensuring such services beginning on the date of

transfer of the project and including just and reasonable rates and

reasonable terms and conditions. After notice and opportunity for

a hearing, the Commission shall issue a final order adopting or

modifying such tariff for such services at just and reasonable

rates in accordance with section 824d of this title and in

accordance with reasonable terms and conditions. The Commission,

in issuing such order, shall ensure the services necessary for the

full and efficient utilization and benefits for the license term of

the electric energy from the project by the new licensee in

accordance with the license and this subchapter, except that in

issuing such order the Commission -

(A) shall not compel the existing licensee to enlarge

generating facilities, transmit electric energy other than to the

distribution system (providing service to customers) of the new

licensee identified as of the date one day preceding the date of

license award, or require the acquisition of new facilities,

including the upgrading of existing facilities other than any

reasonable enhancement or improvement of existing facilities

controlled by the existing licensee (including any acquisition

related to such enhancement or improvement) necessary to carry

out the purposes of this paragraph;

(B) shall not adversely affect the continuity and reliability

of service to the customers of the existing licensee;

(C) shall not adversely affect the operational integrity of the

transmission and electric systems of the existing licensee;

(D) shall not cause any reasonably quantifiable increase in the

jurisdictional rates of the existing licensee; and

(E) shall not order any entity other than the existing licensee

to provide transmission or other services.

Such order shall be for such period as the Commission deems

appropriate, not to exceed the term of the license. At any time,

the Commission, upon its own motion or upon a petition by the

existing or new licensee and after notice and opportunity for a

hearing, may modify, extend, or terminate such order.

(e) License term on relicensing

Except for an annual license, any license issued by the

Commission under this section shall be for a term which the

Commission determines to be in the public interest but not less

than 30 years, nor more than 50 years, from the date on which the

license is issued.

(f) Nonpower use licenses; recordkeeping

In issuing any licenses under this section except an annual

license, the Commission, on its own motion or upon application of

any licensee, person, State, municipality, or State commission,

after notice to each State commission and licensee affected, and

after opportunity for hearing, whenever it finds that in conformity

with a comprehensive plan for improving or developing a waterway or

waterways for beneficial public uses all or part of any licensed

project should no longer be used or adapted for use for power

purposes, may license all or part of the project works for nonpower

use. A license for nonpower use shall be issued to a new licensee

only on the condition that the new licensee shall, before taking

possession of the facilities encompassed thereunder, pay such

amount and assume such contracts as the United States is required

to do, in the manner specified in section 807 of this title. Any

license for nonpower use shall be a temporary license. Whenever,

in the judgment of the Commission, a State, municipality,

interstate agency, or another Federal agency is authorized and

willing to assume regulatory supervision of the lands and

facilities included under the nonpower license and does so, the

Commission shall thereupon terminate the license. Consistent with

the provisions of subchapter IV of this chapter, every licensee for

nonpower use shall keep such accounts and file such annual and

other periodic or special reports concerning the removal,

alteration, nonpower use, or other disposition of any project works

or parts thereof covered by the nonpower use license as the

Commission may by rules and regulations or order prescribe as

necessary or appropriate.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 15, 41 Stat. 1072; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847;

Pub. L. 90-451, Sec. 3, Aug. 3, 1968, 82 Stat. 617; Pub. L. 99-495,

Sec. 4(a), (b)(1), 5, Oct. 16, 1986, 100 Stat. 1245, 1248.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-495, Sec. 4(a), (b)(1), designated

existing provisions as par. (1), substituted ''existing'' for

''original'' wherever appearing, and added pars. (2) and (3).

Subsecs. (b) to (f). Pub. L. 99-495, Sec. 4(a), 5, added subsecs.

(b) to (e) and redesignated former subsec. (b) as (f).

1968 - Pub. L. 90-451 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 803, 807 of this

title; title 43 section 1761.

-CITE-

16 USC Sec. 809 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 809. Temporary use by Government of project works for national

safety; compensation for use

-STATUTE-

When in the opinion of the President of the United States,

evidenced by a written order addressed to the holder of any license

under this chapter, the safety of the United States demands it, the

United States shall have the right to enter upon and take

possession of any project or part thereof, constructed, maintained,

or operated under said license, for the purpose of manufacturing

nitrates, explosives, or munitions of war, or for any other purpose

involving the safety of the United States, to retain possession,

management, and control thereof for such length of time as may

appear to the President to be necessary to accomplish said

purposes, and then to restore possession and control to the party

or parties entitled thereto; and in the event that the United

States shall exercise such right it shall pay to the party or

parties entitled thereto just and fair compensation for the use of

said property as may be fixed by the commission upon the basis of a

reasonable profit in time of peace, and the cost of restoring said

property to as good condition as existed at the time of the taking

over thereof, less the reasonable value of any improvements that

may be made thereto by the United States and which are valuable and

serviceable to the licensee.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 16, 41 Stat. 1072; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-MISC5-

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in the interpretation of this section, the date July 25, 1947,

shall be deemed to be the date of termination of any state of war

theretofore declared by Congress and of the national emergencies

proclaimed by the President on September 8, 1939, and May 27, 1941.

-CITE-

16 USC Sec. 810 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 810. Disposition of charges arising from licenses

-STATUTE-

(a) Receipts from charges

All proceeds from any Indian reservation shall be placed to the

credit of the Indians of such reservation. All other charges

arising from licenses hereunder, except charges fixed by the

Commission for the purpose of reimbursing the United States for the

costs of administration of this subchapter, shall be paid into the

Treasury of the United States, subject to the following

distribution: 12 1/2 per centum thereof is hereby appropriated to

be paid into the Treasury of the United States and credited to

''Miscellaneous receipts''; 50 per centum of the charges arising

from licenses hereunder for the occupancy and use of public lands

and national forests shall be paid into, reserved, and appropriated

as a part of the reclamation fund created by the Act of Congress

known as the Reclamation Act, approved June 17, 1902; and 37 1/2

per centum of the charges arising from licenses hereunder for the

occupancy and use of national forests and public lands from

development within the boundaries of any State shall be paid by the

Secretary of the Treasury to such State; and 50 per centum of the

charges arising from all other licenses hereunder is reserved and

appropriated as a special fund in the Treasury to be expended under

the direction of the Secretary of the Army in the maintenance and

operation of dams and other navigation structures owned by the

United States or in the construction, maintenance, or operation of

headwater or other improvements of navigable waters of the United

States. The proceeds of charges made by the Commission for the

purpose of reimbursing the United States for the costs of the

administration of this subchapter shall be paid into the Treasury

of the United States and credited to miscellaneous receipts.

(b) Delinquent payments

In case of delinquency on the part of any licensee in the payment

of annual charges a penalty of 5 per centum of the total amount so

delinquent may be added to the total charges which shall apply for

the first month or part of month so delinquent with an additional

penalty of 3 per centum for each subsequent month until the total

of the charges and penalties are paid or until the license is

canceled and the charges and penalties satisfied in accordance with

law.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 17, 41 Stat. 1072; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 208,

212, 49 Stat. 845, 847; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Act of Congress known as the Reclamation Act, approved June 17,

1902, referred to in subsec. (a), is act June 17, 1902, ch. 1093,

32 Stat. 388, as amended, which is classified generally to chapter

12 (Sec. 371 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of Title 43 and Tables. The reclamation fund

created by that Act was established by section 391 of Title 43.

-MISC2-

AMENDMENTS

1935 - Act Aug. 26, 1935, Sec. 208, amended section generally,

designating existing provisions as subsec. (a), inserting ''except

charges fixed by the Commission for the purpose of reimbursing the

United States for the costs of administration of this Part,'',

substituting ''national forests'' for ''national monuments,

national forests, and national parks'' wherever appearing,

inserting last sentence relating to payment of proceeds of charges

into Treasury, and adding subsec. (b).

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 803 of this title; title

31 section 6903.

-CITE-

16 USC Sec. 811 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 811. Operation of navigation facilities; rules and

regulations; penalties

-STATUTE-

The Commission shall require the construction, maintenance, and

operation by a licensee at its own expense of such lights and

signals as may be directed by the Secretary of the Department in

which the Coast Guard is operating, and such fishways as may be

prescribed by the Secretary of the Interior or the Secretary of

Commerce, as appropriate. The operation of any navigation

facilities which may be constructed as a part of or in connection

with any dam or diversion structure built under the provisions of

this chapter, whether at the expense of a licensee hereunder or of

the United States, shall at all times be controlled by such

reasonable rules and regulations in the interest of navigation,

including the control of the level of the pool caused by such dam

or diversion structure as may be made from time to time by the

Secretary of the Army; and for willful failure to comply with any

such rule or regulation such licensee shall be deemed guilty of a

misdemeanor, and upon conviction thereof shall be punished as

provided in section 825o of this title.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 18, 41 Stat. 1073; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 209,

212, 49 Stat. 845, 847; 1939 Reorg. Plan No. II, Sec. 4(e), eff.

July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501; June 4, 1956, ch. 351, Sec. 2,

70 Stat. 226; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.

15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1956 - Act June 4, 1956, substituted ''Secretary of the

Department in which the Coast Guard is operating'' for ''Secretary

of War'' in first sentence.

1935 - Act Aug. 26, 1935, Sec. 209, amended section generally,

inserting first sentence, striking out ''Such rules and regulations

may include the maintenance and operation of such licensee at its

own expense of such lights and signals as may be directed by the

Secretary of War, and such fishways as may be prescribed by the

Secretary of Commerce.'', and substituting section ''825o'' for

section ''819''.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Reference to Secretary of Commerce inserted in view of: creation

of National Oceanic and Atmospheric Administration in Department of

Commerce and Office of Administrator of such Administration;

abolition of Bureau of Commercial Fisheries in Department of the

Interior and Office of Director of such Bureau; transfers of

functions, including functions formerly vested by law in Secretary

of the Interior or Department of the Interior which were

administered through Bureau of Commercial Fisheries or were

primarily related to such Bureau, exclusive of certain enumerated

functions with respect to Great Lakes fishery research, Missouri

River Reservoir research, Gulf Breeze Biological Laboratory, and

Trans-Alaska pipeline investigations; and transfer of marine sport

fish program of Bureau of Sport Fisheries and Wildlife by Reorg.

Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090, set out in the Appendix to Title 5, Government Organization

and Employees.

Coast Guard transferred to Department of Transportation and all

functions, powers, and duties, relating to Coast Guard, of

Secretary of the Treasury and of other offices and officers of

Department of the Treasury transferred to Secretary of

Transportation by section 6(b)(1) of Pub. L. 89-670, Oct. 15, 1966,

80 Stat. 938. See Section 108 of Title 49, Transportation.

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred Bureau of

Fisheries in Department of Commerce and its functions to Department

of the Interior, to be administered under direction and supervision

of Secretary of the Interior.

-MISC5-

CLARIFICATION OF AUTHORITY REGARDING FISHWAYS

Pub. L. 102-486, title XVII, Sec. 1701(b), Oct. 24, 1992, 106

Stat. 3008, provided that: ''The definition of the term 'fishway'

contained in 18 C.F.R. 4.30(b)(9)(iii), as in effect on the date of

enactment of this Act (Oct. 24, 1992), is vacated without prejudice

to any definition or interpretation by rule of the term 'fishway'

by the Federal Energy Regulatory Commission for purposes of

implementing section 18 of the Federal Power Act (16 U.S.C. 811):

Provided, That any future definition promulgated by regulatory

rulemaking shall have no force or effect unless concurred in by the

Secretary of the Interior and the Secretary of Commerce: Provided

further, That the items which may constitute a 'fishway' under

section 18 for the safe and timely upstream and downstream passage

of fish shall be limited to physical structures, facilities, or

devices necessary to maintain all life stages of such fish, and

project operations and measures related to such structures,

facilities, or devices which are necessary to ensure the

effectiveness of such structures, facilities, or devices for such

fish.''

-CITE-

16 USC Sec. 812 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 812. Public-service licensee; regulations by State or by

commission as to service, rates, charges, etc.

-STATUTE-

As a condition of the license, every licensee under this chapter

which is a public-service corporation, or a person, association, or

corporation owning or operating any project and developing,

transmitting, or distributing power for sale or use in public

service, shall abide by such reasonable regulation of the services

to be rendered to customers or consumers of power, and of rates and

charges of payment therefor, as may from time to time be prescribed

by any duly constituted agency of the State in which the service is

rendered or the rate charged. That in case of the development,

transmission, or distribution, or use in public service of power by

any licensee under this chapter or by its customer engaged in

public service within a State which has not authorized and

empowered a commission or other agency or agencies within said

State to regulate and control the services to be rendered by such

licensee or by its customer engaged in public service, or the rates

and charges of payment therefor, or the amount or character of

securities to be issued by any of said parties, it is agreed as a

condition of such license that jurisdiction is conferred upon the

commission, upon complaint of any person aggrieved or upon its own

initiative, to exercise such regulation and control until such time

as the State shall have provided a commission or other authority

for such regulation and control: Provided, That the jurisdiction of

the commission shall cease and determine as to each specific matter

of regulation and control prescribed in this section as soon as the

State shall have provided a commission or other authority for the

regulation and control of that specific matter.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 19, 41 Stat. 1073; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-CITE-

16 USC Sec. 813 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 813. Power entering into interstate commerce; regulation of

rates, charges, etc.

-STATUTE-

When said power or any part thereof shall enter into interstate

or foreign commerce the rates charged and the service rendered by

any such licensee, or by any subsidiary corporation, the stock of

which is owned or controlled directly or indirectly by such

licensee, or by any person, corporation, or association purchasing

power from such licensee for sale and distribution or use in public

service shall be reasonable, nondiscriminatory, and just to the

customer and all unreasonable discriminatory and unjust rates or

services are prohibited and declared to be unlawful; and whenever

any of the States directly concerned has not provided a commission

or other authority to enforce the requirements of this section

within such State or to regulate and control the amount and

character of securities to be issued by any of such parties, or

such States are unable to agree through their properly constituted

authorities on the services to be rendered, or on the rates or

charges of payment therefor, or on the amount or character of

securities to be issued by any of said parties, jurisdiction is

conferred upon the commission, upon complaint of any person,

aggrieved, upon the request of any State concerned, or upon its own

initiative to enforce the provisions of this section, to regulate

and control so much of the services rendered, and of the rates and

charges of payment therefor as constitute interstate or foreign

commerce and to regulate the issuance of securities by the parties

included within this section, and securities issued by the licensee

subject to such regulations shall be allowed only for the bona fide

purpose of financing and conducting the business of such licensee.

The administration of the provisions of this section, so far as

applicable, shall be according to the procedure and practice in

fixing and regulating the rates, charges, and practices of railroad

companies as provided in subtitle IV of title 49, and the parties

subject to such regulation shall have the same rights of hearing,

defense, and review as said companies in such cases.

In any valuation of the property of any licensee hereunder for

purposes of rate making, no value shall be claimed by the licensee

or allowed by the commission for any project or projects under

license in excess of the value or values prescribed in section 807

of this title for the purposes of purchase by the United States,

but there shall be included the cost to such licensee of the

construction of the lock or locks or other aids of navigation and

all other capital expenditures required by the United States, and

no value shall be claimed or allowed for the rights granted by the

commission or by this chapter.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 20, 41 Stat. 1073; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-COD-

CODIFICATION

''Subtitle IV of title 49'' substituted in text for ''the Act to

regulate commerce, approved February 4, 1887, as amended'' on

authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.

1466, the first section of which enacted subtitle IV of Title 49,

Transportation.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-CITE-

16 USC Sec. 814 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 814. Exercise by licensee of power of eminent domain

-STATUTE-

When any licensee cannot acquire by contract or pledges an

unimproved dam site or the right to use or damage the lands or

property of others necessary to the construction, maintenance, or

operation of any dam, reservoir, diversion structure, or the works

appurtenant or accessory thereto, in conjunction with any

improvement which in the judgment of the commission is desirable

and justified in the public interest for the purpose of improving

or developing a waterway or waterways for the use or benefit of

interstate or foreign commerce, it may acquire the same by the

exercise of the right of eminent domain in the district court of

the United States for the district in which such land or other

property may be located, or in the State courts. The practice and

procedure in any action or proceeding for that purpose in the

district court of the United States shall conform as nearly as may

be with the practice and procedure in similar action or proceeding

in the courts of the State where the property is situated:

Provided, That United States district courts shall only have

jurisdiction of cases when the amount claimed by the owner of the

property to be condemned exceeds $3,000 (FOOTNOTE 1) Provided

further, That no licensee may use the right of eminent domain under

this section to acquire any lands or other property that, prior to

October 24, 1992, were owned by a State or political subdivision

thereof and were part of or included within any public park,

recreation area or wildlife refuge established under State or local

law. In the case of lands or other property that are owned by a

State or political subdivision and are part of or included within a

public park, recreation area or wildlife refuge established under

State or local law on or after October 24, 1992, no licensee may

use the right of eminent domain under this section to acquire such

lands or property unless there has been a public hearing held in

the affected community and a finding by the Commission, after due

consideration of expressed public views and the recommendations of

the State or political subdivision that owns the lands or property,

that the license will not interfere or be inconsistent with the

purposes for which such lands or property are owned.

(FOOTNOTE 1) So in original. Probably should be followed by a

colon.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 21, 41 Stat. 1074; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847;

Pub. L. 102-486, title XVII, Sec. 1701(d), Oct. 24, 1992, 106 Stat.

3009.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 substituted final proviso and sentence for

period at end.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-CITE-

16 USC Sec. 815 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 815. Contract to furnish power extending beyond period of

license; obligations of new licensee

-STATUTE-

Whenever the public interest requires or justifies the execution

by the licensee of contracts for the sale and delivery of power for

periods extending beyond the date of termination of the license,

such contracts may be entered into upon the joint approval of the

commission and of the public-service commission or other similar

authority in the State in which the sale or delivery of power is

made, or if sold or delivered in a State which has no such

public-service commission, then upon the approval of the

commission, and thereafter, in the event of failure to issue a new

license to the original licensee at the termination of the license,

the United States or the new licensee, as the case may be, shall

assume and fulfill all such contracts.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 22, 41 Stat. 1074; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 816 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 816. Preservation of rights vested prior to June 10, 1920

-STATUTE-

The provisions of this subchapter shall not be construed as

affecting any permit or valid existing right-of-way granted prior

to June 10, 1920, or as confirming or otherwise affecting any

claim, or as affecting any authority heretofore given pursuant to

law, but any person, association, corporation, State, or

municipality holding or possessing such permit, right-of-way or

authority may apply for a license under this chapter, and upon such

application the Commission may issue to any such applicant a

license in accordance with the provisions of this subchapter and in

such case the provisions of this chapter shall apply to such

applicant as a licensee under this chapter: Provided, That when

application is made for a license under this section for a project

or projects already constructed the fair value of said project or

projects determined as provided in this section, shall for the

purposes of this subchapter and of said license be deemed to be the

amount to be allowed as the net investment of the applicant in such

project or projects as of the date of such license, or as of the

date of such determination, if license has not been issued. Such

fair value shall be determined by the Commission after notice and

opportunity for hearing.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 23(a), 41 Stat. 1075;

renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II,

Sec. 210, 212, 49 Stat. 846, 847.)

-COD-

CODIFICATION

Section consists of subsec. (a) of section 23 of act June 10,

1920, as so designated by act Aug. 26, 1935. Subsec. (b) of section

23 of act June 10, 1920, is set out as section 817 of this title.

-MISC3-

AMENDMENTS

1935 - Act Aug. 26, 1935, Sec. 210, amended section generally,

substituting ''part'' for ''chapter'' wherever appearing,

substituting ''heretofore'' for ''then'', and substituting the last

sentence for ''Such fair value may, in the discretion of the

commission, be determined by mutual agreement between the

commission and the applicant or, in case they cannot agree,

jurisdiction is hereby conferred upon the district court of the

United States in the district within which such project or projects

may be located, upon the application of either party, to hear and

determine the amount of such fair value.''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-CITE-

16 USC Sec. 817 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 817. Projects not affecting navigable waters; necessity for

Federal license, permit or right-of-way; unauthorized

activities

-STATUTE-

(1) It shall be unlawful for any person, State, or municipality,

for the purpose of developing electric power, to construct,

operate, or maintain any dam, water conduit, reservoir, power

house, or other works incidental thereto across, along, or in any

of the navigable waters of the United States, or upon any part of

the public lands or reservations of the United States (including

the Territories), or utilize the surplus water or water power from

any Government dam, except under and in accordance with the terms

of a permit or valid existing right-of-way granted prior to June

10, 1920, or a license granted pursuant to this chapter. Any

person, association, corporation, State, or municipality intending

to construct a dam or other project works, across, along, over, or

in any stream or part thereof, other than those defined in this

chapter as navigable waters, and over which Congress has

jurisdiction under its authority to regulate commerce with foreign

nations and among the several States shall before such construction

file declaration of such intention with the Commission, whereupon

the Commission shall cause immediate investigation of such proposed

construction to be made, and if upon investigation it shall find

that the interests of interstate or foreign commerce would be

affected by such proposed construction, such person, association,

corporation, State, or municipality shall not construct, maintain,

or operate such dam or other project works until it shall have

applied for and shall have received a license under the provisions

of this chapter. If the Commission shall not so find, and if no

public lands or reservations are affected, permission is granted to

construct such dam or other project works in such stream upon

compliance with State laws.

(2) No person may commence any significant modification of any

project licensed under, or exempted from, this chapter unless such

modification is authorized in accordance with terms and conditions

of such license or exemption and the applicable requirements of

this subchapter. As used in this paragraph, the term ''commence''

refers to the beginning of physical on-site activity other than

surveys or testing.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 23(b), 41 Stat. 1075;

renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II,

Sec. 210, 212, 49 Stat. 846, 847; Pub. L. 99-495, Sec. 6, Oct. 16,

1986, 100 Stat. 1248.)

-COD-

CODIFICATION

Section consists of subsec. (b) of section 23 of act June 10,

1920, as so designated by act Aug. 26, 1935. Subsec. (a) of section

23 of act June 10, 1920, is set out as section 816 of this title.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-495 designated existing provisions as par. (1)

and added par. (2).

1935 - Act Aug. 26, 1935, Sec. 210, amended section generally,

inserting first sentence, and substituting ''with foreign nations''

for ''between foreign nations'', ''shall before such construction''

for ''may in their discretion'' and ''shall not construct,

maintain, or operate such dam or other project works'' for ''shall

not proceed with such construction''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 applicable to licenses, permits, and

exemptions without regard to when issued, see section 18 of Pub. L.

99-495, set out as a note under section 797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 823c of this title.

-CITE-

16 USC Sec. 818 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 818. Public lands included in project; reservation of lands

from entry

-STATUTE-

Any lands of the United States included in any proposed

projection under the provisions of this subchapter shall from the

date of filing of application therefor be reserved from entry,

location, or other disposal under the laws of the United States

until otherwise directed by the commission or by Congress. Notice

that such application has been made, together with the date of

filing thereof and a description of the lands of the United States

affected thereby, shall be filed in the local land office for the

district in which such lands are located. Whenever the commission

shall determine that the value of any lands of the United States so

applied for, or heretofore or hereafter reserved or classified as

power sites, will not be injured or destroyed for the purposes of

power development by location, entry, or selection under the

public-land laws, the Secretary of the Interior, upon notice of

such determination, shall declare such lands open to location,

entry, or selection, for such purpose or purposes and under such

restrictions as the Commission may determine, subject to and with a

reservation of the right of the United States or its permittees or

licensees to enter upon, occupy, and use any part or all of said

lands necessary, in the judgment of the Commission, for the

purposes of this subchapter, which right shall be expressly

reserved in every patent issued for such lands; and no claim or

right to compensation shall accrue from the occupation or use of

any of said lands for said purposes. The United States or any

licensee for any such lands hereunder may enter thereupon for the

purposes of this subchapter, upon payment of any damages to crops,

buildings, or other improvements caused thereby to the owner

thereof, or upon giving a good and sufficient bond to the United

States for the use and benefit of the owner to secure the payment

of such damages as may be determined and fixed in an action brought

upon the bond in a court of competent jurisdiction, said bond to be

in the form prescribed by the Commission: Provided, That locations,

entries, selections, or filings heretofore made for lands reserved

as water-power sites, or in connection with water-power

development, or electrical transmission may proceed to approval or

patent under and subject to the limitations and conditions in this

section contained: Provided further, That before any lands applied

for, or heretofore or hereafter reserved, or classified as power

sites, are declared open to location, entry, or selection by the

Secretary of the Interior, notice of intention to make such

declaration shall be given to the Governor of the State within

which such lands are located, and such State shall have ninety days

from the date of such notice within which to file, under any

statute or regulation applicable thereto, an application for the

reservation to the State, or any political subdivision thereof, of

any lands required as a right-of-way for a public highway or as a

source of materials for the construction and maintenance of such

highways, and a copy of such application shall be filed with the

Federal Power Commission; and any location, entry, or selection of

such lands, or subsequent patent thereof, shall be subject to any

rights granted the State pursuant to such application.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 24, 41 Stat. 1075; renumbered

pt. I and amended, Aug. 26, 1935, ch. 687, title II, Sec. 211,

212, 49 Stat. 846, 847; May 28, 1948, ch. 351, 62 Stat. 275.)

-REFTEXT-

REFERENCES IN TEXT

The public-land laws, referred to in text, are classified

generally to Title 43, Public Lands.

-MISC2-

AMENDMENTS

1948 - Act May 28, 1948, inserted second proviso in last sentence

so that States may apply for reservations of portions of power

sites released for entry, location, or selection to the States for

highway purposes.

1935 - Act Aug. 26, 1935, Sec. 211, amended section generally,

inserting ''for such purpose or purposes and under such

restrictions as the commission may determine'', substituted

''part'' for ''chapter'' wherever appearing, and striking out from

proviso ''prior to June 10, 1920'' after ''made''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3215 of this title; title

30 section 1014; title 43 sections 1634, 1761.

-CITE-

16 USC Sec. 819 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 819. Repealed. Aug. 26, 1935, ch. 687, title II, Sec. 212, 49

Stat. 847

-MISC1-

Section, act June 10, 1920, ch. 285, pt. I, Sec. 25, 41 Stat.

1076, related to offenses and punishment. See section 825m et seq.

of this title.

-CITE-

16 USC Sec. 820 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 820. Proceedings for revocation of license or to prevent

violations of license

-STATUTE-

The Attorney General may, on request of the commission or of the

Secretary of the Army, institute proceedings in equity in the

district court of the United States in the district in which any

project or part thereof is situated for the purpose of revoking for

violation of its terms any permit or license issued hereunder, or

for the purpose of remedying or correcting by injunction, mandamus,

or other process any act of commission or omission in violation of

the provisions of this chapter or of any lawful regulation or order

promulgated hereunder. The district courts shall have jurisdiction

over all of the above-mentioned proceedings and shall have power to

issue and execute all necessary process and to make and enforce all

writs, orders and decrees to compel compliance with the lawful

orders and regulations of the commission and of the Secretary of

the Army, and to compel the performance of any condition imposed

under the provisions of this chapter. In the event a decree

revoking a license is entered, the court is empowered to sell the

whole or any part of the project or projects under license, to wind

up the business of such licensee conducted in connection with such

project or projects, to distribute the proceeds to the parties

entitled to the same, and to make and enforce such further orders

and decrees as equity and justice may require. At such sale or

sales the vendee shall take the rights and privileges belonging to

the licensee and shall perform the duties of such licensee and

assume all outstanding obligations and liabilities of the licensee

which the court may deem equitable in the premises; and at such

sale or sales the United States may become a purchaser, but it

shall not be required to pay a greater amount than it would be

required to pay under the provisions of section 807 of this title

at the termination of the license.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 26, 41 Stat. 1076; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Proceedings in equity, referred to in text, were abolished by the

adoption of Rule 2 of the Federal Rules of Civil Procedure, set out

in the Appendix to Title 28, Judiciary and Judicial Procedure,

which provided that ''there shall be one form of action to be known

as 'civil action' ''.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under this subchapter transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(A) and 7293 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 806 of this title.

-CITE-

16 USC Sec. 821 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 821. State laws and water rights unaffected

-STATUTE-

Nothing contained in this chapter shall be construed as affecting

or intending to affect or in any way to interfere with the laws of

the respective States relating to the control, appropriation, use,

or distribution of water used in irrigation or for municipal or

other uses, or any vested right acquired therein.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 27, 41 Stat. 1077; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-CITE-

16 USC Sec. 822 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 822. Reservation of right to alter or repeal chapter

-STATUTE-

The right to alter, amend, or repeal this chapter is expressly

reserved; but no such alteration, amendment, or repeal shall affect

any license theretofore issued under the provisions of this chapter

or the rights of any licensee thereunder.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 28, 41 Stat. 1077; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-CITE-

16 USC Sec. 823 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 823. Repeal of inconsistent laws

-STATUTE-

All Acts or parts of Acts inconsistent with this chapter are

repealed: Provided, That nothing contained herein shall be held or

construed to modify or repeal any of the provisions of the Act of

Congress approved December 19, 1913, granting certain rights-of-way

to the city and county of San Francisco, in the State of

California.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 29, 41 Stat. 1077; renumbered

pt. I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act June 10, 1920, which is

classified generally to this chapter.

The Act of Congress approved December 19, 1913, referred to in

text, was not classified to the Code.

-COD-

CODIFICATION

As originally enacted, this section contained the further

proviso: ''That section 18 of an Act making appropriations for the

construction, repair and preservation, of certain public works on

rivers and harbors, and for other purposes, approved August 8,

1917, is hereby repealed.''

-CITE-

16 USC Sec. 823a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 823a. Conduit hydroelectric facilities

-STATUTE-

(a) Exemption qualifications

Except as provided in subsection (b) or (c) of this section, the

Commission may grant an exemption in whole or in part, from the

requirements of this subchapter, including any license requirements

contained in this subchapter, to any facility (not including any

dam or other impoundment) constructed, operated, or maintained for

the generation of electric power which the Commission determines,

by rule or order -

(1) is located on non-Federal lands, and

(2) utilizes for such generation only the hydroelectric

potential of a manmade conduit, which is operated for the

distribution of water for agricultural, municipal, or industrial

consumption and not primarily for the generation of electricity.

(b) Maximum installation capacity for exemption

The Commission may not grant any exemption under subsection (a)

of this section to any facility the installed capacity of which

exceeds 15 megawatts (40 megawatts in the case of a facility

constructed, operated, and maintained by an agency or

instrumentality of a State or local government solely for water

supply for municipal purposes).

(c) Consultation with Federal and State agencies

In making the determination under subsection (a) of this section

the Commission shall consult with the United States Fish and

Wildlife Service (FOOTNOTE 1) National Marine Fisheries Service

(FOOTNOTE 1) and the State agency exercising administration over

the fish and wildlife resources of the State in which the facility

is or will be located, in the manner provided by the Fish and

Wildlife Coordination Act (16 U.S.C. 661, et seq.), and shall

include in any such exemption -

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(1) such terms and conditions as the Fish and Wildlife Service

(FOOTNOTE 1) National Marine Fisheries Service (FOOTNOTE 1) and

the State agency each determine are appropriate to prevent loss

of, or damage to, such resources and to otherwise carry out the

purposes of such Act, and

(2) such terms and conditions as the Commission deems

appropriate to insure that such facility continues to comply with

the provisions of this section and terms and conditions included

in any such exemption.

(d) Violation of terms of exemption

Any violation of a term or condition of any exemption granted

under subsection (a) of this section shall be treated as a

violation of a rule or order of the Commission under this chapter.

(e) Fees for studies

The Commission, in addition to the requirements of section 803(e)

of this title, shall establish fees which shall be paid by an

applicant for a license or exemption for a project that is required

to meet terms and conditions set by fish and wildlife agencies

under subsection (c) of this section. Such fees shall be adequate

to reimburse the fish and wildlife agencies referred to in

subsection (c) of this section for any reasonable costs incurred in

connection with any studies or other reviews carried out by such

agencies for purposes of compliance with this section. The fees

shall, subject to annual appropriations Acts, be transferred to

such agencies by the Commission for use solely for purposes of

carrying out such studies and shall remain available until

expended.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 30, as added Pub. L. 95-617,

title II, Sec. 213, Nov. 9, 1978, 92 Stat. 3148; amended Pub. L.

99-495, Sec. 7, Oct. 16, 1986, 100 Stat. 1248.)

-REFTEXT-

REFERENCES IN TEXT

The Fish and Wildlife Coordination Act, referred to in subsec.

(c), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which

is classified generally to sections 661 to 666c of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 661 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 30 of act June 10, 1920, was classified to

section 791 of this title, prior to repeal by act Aug. 26, 1935,

ch. 687, title II, Sec. 212, 49 Stat. 847.

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-495, Sec. 7(a), inserted provision

setting the maximum installation capacity for exemptions under

subsec. (a) at 40 megawatts in the case of a facility constructed,

operated, and maintained by an agency or instrumentality of a State

or local government solely for water supply for municipal purposes.

Subsec. (c). Pub. L. 99-495, Sec. 7(b), which directed the

insertion of ''National Marine Fisheries Service'' after ''the Fish

and Wildlife Service'' in both places such term appears, was

executed by inserting ''National Marine Fisheries Service'' after

''the United States Fish and Wildlife Service'' and ''the Fish and

Wildlife Service'', as the probable intent of Congress.

Subsec. (e). Pub. L. 99-495, Sec. 7(c), added subsec. (e).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

The Federal Power Commission was terminated and its functions,

personnel, property, funds, etc., were transferred to the Secretary

of Energy (except for certain functions which were transferred to

the Federal Energy Regulatory Commission) by sections 7151(b),

7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and

Welfare.

-MISC5-

APPLICATION OF SUBSECTION (C)

Section 8(c) of Pub. L. 99-495 provided that: ''Nothing in this

Act (see Short Title of 1986 Amendment note set out under section

791a of this title) shall affect the application of section 30(c)

of the Federal Power Act (16 U.S.C. 823a(c)) to any exemption

issued after the enactment of this Act (Oct. 16, 1986).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824a-3, 2705 of this

title; title 42 section 7178.

-CITE-

16 USC Sec. 823b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 823b. Enforcement

-STATUTE-

(a) Monitoring and investigation

The Commission shall monitor and investigate compliance with each

license and permit issued under this subchapter and with each

exemption granted from any requirement of this subchapter. The

Commission shall conduct such investigations as may be necessary

and proper in accordance with this chapter. After notice and

opportunity for public hearing, the Commission may issue such

orders as necessary to require compliance with the terms and

conditions of licenses and permits issued under this subchapter and

with the terms and conditions of exemptions granted from any

requirement of this subchapter.

(b) Revocation orders

After notice and opportunity for an evidentiary hearing, the

Commission may also issue an order revoking any license issued

under this subchapter or any exemption granted from any requirement

of this subchapter where any licensee or exemptee is found by the

Commission:

(1) to have knowingly violated a final order issued under

subsection (a) of this section after completion of judicial

review (or the opportunity for judicial review); and

(2) to have been given reasonable time to comply fully with

such order prior to commencing any revocation proceeding.

In any such proceeding, the order issued under subsection (a) of

this section shall be subject to de novo review by the Commission.

No order shall be issued under this subsection until after the

Commission has taken into consideration the nature and seriousness

of the violation and the efforts of the licensee to remedy the

violation.

(c) Civil penalty

Any licensee, permittee, or exemptee who violates or fails or

refuses to comply with any rule or regulation under this

subchapter, any term, or condition of a license, permit, or

exemption under this subchapter, or any order issued under

subsection (a) of this section shall be subject to a civil penalty

in an amount not to exceed $10,000 for each day that such violation

or failure or refusal continues. Such penalty shall be assessed by

the Commission after notice and opportunity for public hearing. In

determining the amount of a proposed penalty, the Commission shall

take into consideration the nature and seriousness of the

violation, failure, or refusal and the efforts of the licensee to

remedy the violation, failure, or refusal in a timely manner. No

civil penalty shall be assessed where revocation is ordered.

(d) Assessment

(1) Before issuing an order assessing a civil penalty against any

person under this section, the Commission shall provide to such

person notice of the proposed penalty. Such notice shall, except

in the case of a violation of a final order issued under subsection

(a) of this section, inform such person of his opportunity to elect

in writing within 30 days after the date of receipt of such notice

to have the procedures of paragraph (3) (in lieu of those of

paragraph (2)) apply with respect to such assessment.

(2)(A) In the case of the violation of a final order issued under

subsection (a) of this section, or unless an election is made

within 30 calendar days after receipt of notice under paragraph (1)

to have paragraph (3) apply with respect to such penalty, the

Commission shall assess the penalty, by order, after a

determination of violation has been made on the record after an

opportunity for an agency hearing pursuant to section 554 of title

5 before an administrative law judge appointed under section 3105

of such title 5. Such assessment order shall include the

administrative law judge's findings and the basis for such

assessment.

(B) Any person against whom a penalty is assessed under this

paragraph may, within 60 calendar days after the date of the order

of the Commission assessing such penalty, institute an action in

the United States court of appeals for the appropriate judicial

circuit for judicial review of such order in accordance with

chapter 7 of title 5. The court shall have jurisdiction to enter a

judgment affirming, modifying, or setting aside in whole or in

Part, (FOOTNOTE 1) the order of the Commission, or the court may

remand the proceeding to the Commission for such further action as

the court may direct.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(3)(A) In the case of any civil penalty with respect to which the

procedures of this paragraph have been elected, the Commission

shall promptly assess such penalty, by order, after the date of the

receipt of the notice under paragraph (1) of the proposed penalty.

(B) If the civil penalty has not been paid within 60 calendar

days after the assessment order has been made under subparagraph

(A), the Commission shall institute an action in the appropriate

district court of the United States for an order affirming the

assessment of the civil penalty. The court shall have authority to

review de novo the law and the facts involved, and shall have

jurisdiction to enter a judgment enforcing, modifying, and

enforcing as so modified, or setting aside in whole or in Part,

(FOOTNOTE 1) such assessment.

(C) Any election to have this paragraph apply may not be revoked

except with the consent of the Commission.

(4) The Commission may compromise, modify, or remit, with or

without conditions, any civil penalty which may be imposed under

this subsection, taking into consideration the nature and

seriousness of the violation and the efforts of the licensee to

remedy the violation in a timely manner at any time prior to a

final decision by the court of appeals under paragraph (2) or by

the district court under paragraph (3).

(5) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order under paragraph

(2), or after the appropriate district court has entered final

judgment in favor of the Commission under paragraph (3), the

Commission shall institute an action to recover the amount of such

penalty in any appropriate district court of the United States. In

such action, the validity and appropriateness of such final

assessment order or judgment shall not be subject to review.

(6)(A) Notwithstanding the provisions of title 28 or of this

chapter, the Commission may be represented by the general counsel

of the Commission (or any attorney or attorneys within the

Commission designated by the Chairman) who shall supervise,

conduct, and argue any civil litigation to which paragraph (3) of

this subsection applies (including any related collection action

under paragraph (5)) in a court of the United States or in any

other court, except the Supreme Court. However, the Commission or

the general counsel shall consult with the Attorney General

concerning such litigation, and the Attorney General shall provide,

on request, such assistance in the conduct of such litigation as

may be appropriate.

(B) The Commission shall be represented by the Attorney General,

or the Solicitor General, as appropriate, in actions under this

subsection, except to the extent provided in subparagraph (A) of

this paragraph.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 31, as added Pub. L. 99-495,

Sec. 12, Oct. 16, 1986, 100 Stat. 1255.)

-MISC1-

EFFECTIVE DATE

Section applicable to licenses, permits, and exemptions without

regard to when issued, see section 18 of Pub. L. 99-495, set out as

an Effective Date of 1986 Amendment note under section 797 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 825o-1 of this title.

-CITE-

16 USC Sec. 823c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND

RESOURCES

-HEAD-

Sec. 823c. Alaska State jurisdiction over small hydroelectric

projects

-STATUTE-

(a) Discontinuance of regulation by the Commission

Notwithstanding sections 797(e) and 817 of this title, the

Commission shall discontinue exercising licensing and regulatory

authority under this subchapter over qualifying project works in

the State of Alaska, effective on the date on which the Commission

certifies that the State of Alaska has in place a regulatory

program for water-power development that -

(1) protects the public interest, the purposes listed in

paragraph (2), and the environment to the same extent provided by

licensing and regulation by the Commission under this subchapter

and other applicable Federal laws, including the Endangered

Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife

Coordination Act (16 U.S.C. 661 et seq.);

(2) gives equal consideration to the purposes of -

(A) energy conservation;

(B) the protection, mitigation of damage to, and enhancement

of, fish and wildlife (including related spawning grounds and

habitat);

(C) the protection of recreational opportunities;

(D) the preservation of other aspects of environmental

quality;

(E) the interests of Alaska Natives; and

(F) other beneficial public uses, including irrigation, flood

control, water supply, and navigation; and

(3) requires, as a condition of a license for any project works

-

(A) the construction, maintenance, and operation by a

licensee at its own expense of such lights and signals as may

be directed by the Secretary of the Department in which the

Coast Guard is operating, and such fishways as may be

prescribed by the Secretary of the Interior or the Secretary of

Commerce, as appropriate;

(B) the operation of any navigation facilities which may be

constructed as part of any project to be controlled at all

times by such reasonable rules and regulations as may be made

by the Secretary of the Army; and

(C) conditions for the protection, mitigation, and

enhancement of fish and wildlife based on recommendations

received pursuant to the Fish and Wildlife Coordination Act (16

U.S.C. 661 et seq.) from the National Marine Fisheries Service,

the United States Fish and Wildlife Service, and State fish and

wildlife agencies.

(b) Definition of ''qualifying project works''

For purposes of this section, the term ''qualifying project

works'' means project works -

(1) that are not part of a project licensed under this part or

exempted from licensing under this subchapter or section 2705 of

this title prior to November 9, 2000;

(2) for which a preliminary permit, a license application, or

an application for an exemption from licensing has not been

accepted for filing by the Commission prior to November 9, 2000

(unless such application is withdrawn at the election of the

applicant);

(3) that are part of a project that has a power production

capacity of 5,000 kilowatts or less;

(4) that are located entirely within the boundaries of the

State of Alaska; and

(5) that are not located in whole or in part on any Indian

reservation, a conservation system unit (as defined in section

3102(4) of this title), or segment of a river designated for

study for addition to the Wild and Scenic Rivers System.

(c) Election of State licensing

In the case of nonqualifying project works that would be a

qualifying project works but for the fact that the project has been

licensed (or exempted from licensing) by the Commission prior to

November 9, 2000, the licensee of such project may in its

discretion elect to make the project subject to licensing and

regulation by the State of Alaska under this section.

(d) Project works on Federal lands

With respect to projects located in whole or in part on a

reservation, a conservation system unit, or the public lands, a

State license or exemption from licensing shall be subject to -

(1) the approval of the Secretary having jurisdiction over such

lands; and

(2) such conditions as the Secretary may prescribe.

(e) Consultation with affected agencies

The Commission shall consult with the Secretary of the Interior,

the Secretary of Agriculture, and the Secretary of Commerce before

certifying the State of Alaska's regulatory program.

(f) Application of Federal laws

Nothing in this section shall preempt the application of Federal

environmental, natural resources, or cultural resources protection

laws according to their terms.

(g) Oversight by the Commission

The State of Alaska shall notify the Commission not later than 30

days after making any significant modification to its regulatory

program. The Commission shall periodically review the State's

program to ensure compliance with the provisions of this section.

(h) Resumption of Commission authority

Notwithstanding subsection (a) of this section, the Commission

shall reassert its licensing and regulatory authority under this

subchapter if the Commission finds that the State of Alaska has not

complied with one or more of the requirements of this section.

(i) Determination by the Commission

(1) Upon application by the Governor of the State of Alaska, the

Commission shall within 30 days commence a review of the State of

Alaska's regulatory program for water-power development to

determine whether it complies with the requirements of subsection

(a) of this section.

(2) The Commission's review required by paragraph (1) shall be

completed within 1 year of initiation, and the Commission shall

within 30 days thereafter issue a final order determining whether

or not the State of Alaska's regulatory program for water-power

development complies with the requirements of subsection (a) of

this section.

(3) If the Commission fails to issue a final order in accordance

with paragraph (2) the State of Alaska's regulatory program for

water-power development shall be deemed to be in compliance with

subsection (a) of this section.

-SOURCE-

(June 10, 1920, ch. 285, pt. I, Sec. 32, as added Pub. L. 106-469,

title V, Sec. 501, Nov. 9, 2000, 114 Stat. 2037.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act, referred to in subsec. (a)(1),

probably means the Endangered Species Act of 1973, Pub. L. 93-205,

Dec. 28, 1973, 87 Stat. 884, as amended, which is classified

generally to chapter 35 (Sec. 1531 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1531 of this title and Tables.

The Fish and Wildlife Coordination Act, referred to in subsec.

(a)(1), (3)(C), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as

amended, which is classified generally to sections 661 to 666c of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 661 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY

COMPANIES ENGAGED IN INTERSTATE COMMERCE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

.

-HEAD-

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 803, 824a-3 of this

title; title 42 section 7172; title 43 section 1761.

-CITE-

16 USC Sec. 824 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824. Declaration of policy; application of subchapter

-STATUTE-

(a) Federal regulation of transmission and sale of electric energy

It is declared that the business of transmitting and selling

electric energy for ultimate distribution to the public is affected

with a public interest, and that Federal regulation of matters

relating to generation to the extent provided in this subchapter

and subchapter III of this chapter and of that part of such

business which consists of the transmission of electric energy in

interstate commerce and the sale of such energy at wholesale in

interstate commerce is necessary in the public interest, such

Federal regulation, however, to extend only to those matters which

are not subject to regulation by the States.

(b) Use or sale of electric energy in interstate commerce

(1) The provisions of this subchapter shall apply to the

transmission of electric energy in interstate commerce and to the

sale of electric energy at wholesale in interstate commerce, but

except as provided in paragraph (2) shall not apply to any other

sale of electric energy or deprive a State or State commission of

its lawful authority now exercised over the exportation of

hydroelectric energy which is transmitted across a State line. The

Commission shall have jurisdiction over all facilities for such

transmission or sale of electric energy, but shall not have

jurisdiction, except as specifically provided in this subchapter

and subchapter III of this chapter, over facilities used for the

generation of electric energy or over facilities used in local

distribution or only for the transmission of electric energy in

intrastate commerce, or over facilities for the transmission of

electric energy consumed wholly by the transmitter.

(2) The provisions of sections 824i, 824j, and 824k of this title

shall apply to the entities described in such provisions, and such

entities shall be subject to the jurisdiction of the Commission for

purposes of carrying out such provisions and for purposes of

applying the enforcement authorities of this chapter with respect

to such provisions. Compliance with any order of the Commission

under the provisions of section 824i or 824j of this title, shall

not make an electric utility or other entity subject to the

jurisdiction of the Commission for any purposes other than the

purposes specified in the preceding sentence.

(c) Electric energy in interstate commerce

For the purpose of this subchapter, electric energy shall be held

to be transmitted in interstate commerce if transmitted from a

State and consumed at any point outside thereof; but only insofar

as such transmission takes place within the United States.

(d) ''Sale of electric energy at wholesale'' defined

The term ''sale of electric energy at wholesale'' when used in

this subchapter, means a sale of electric energy to any person for

resale.

(e) ''Public utility'' defined

The term ''public utility'' when used in this subchapter and

subchapter III of this chapter means any person who owns or

operates facilities subject to the jurisdiction of the Commission

under this subchapter (other than facilities subject to such

jurisdiction solely by reason of section 824i, 824j, or 824k of

this title).

(f) United States, State, political subdivision of a State, or

agency or instrumentality thereof exempt

No provision in this subchapter shall apply to, or be deemed to

include, the United States, a State or any political subdivision of

a State, or any agency, authority, or instrumentality of any one or

more of the foregoing, or any corporation which is wholly owned,

directly or indirectly, by any one or more of the foregoing, or any

officer, agent, or employee of any of the foregoing acting as such

in the course of his official duty, unless such provision makes

specific reference thereto.

(g) Books and records

(1) Upon written order of a State commission, a State commission

may examine the books, accounts, memoranda, contracts, and records

of -

(A) an electric utility company subject to its regulatory

authority under State law,

(B) any exempt wholesale generator selling energy at wholesale

to such electric utility, and

(C) any electric utility company, or holding company thereof,

which is an associate company or affiliate of an exempt wholesale

generator which sells electric energy to an electric utility

company referred to in subparagraph (A),

wherever located, if such examination is required for the effective

discharge of the State commission's regulatory responsibilities

affecting the provision of electric service.

(2) Where a State commission issues an order pursuant to

paragraph (1), the State commission shall not publicly disclose

trade secrets or sensitive commercial information.

(3) Any United States district court located in the State in

which the State commission referred to in paragraph (1) is located

shall have jurisdiction to enforce compliance with this subsection.

(4) Nothing in this section shall -

(A) preempt applicable State law concerning the provision of

records and other information; or

(B) in any way limit rights to obtain records and other

information under Federal law, contracts, or otherwise.

(5) As used in this subsection the terms ''affiliate'',

''associate company'', ''electric utility company'', ''holding

company'', ''subsidiary company'', and ''exempt wholesale

generator'' shall have the same meaning as when used in the Public

Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.).

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 201, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 847; amended Pub. L. 95-617,

title II, Sec. 204(b), Nov. 9, 1978, 92 Stat. 3140; Pub. L.

102-486, title VII, Sec. 714, Oct. 24, 1992, 106 Stat. 2911.)

-REFTEXT-

REFERENCES IN TEXT

The Public Utility Holding Company Act of 1935, referred to in

subsec. (g)(5), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.

838, as amended, which is classified generally to chapter 2C (Sec.

79 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see section 79 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (g). Pub. L. 102-486 added subsec. (g).

1978 - Subsec. (b). Pub. L. 95-617, Sec. 204(b)(1), designated

existing provisions as par. (1), inserted ''except as provided in

paragraph (2)'' after ''in interstate commerce, but'', and added

par. (2).

Subsec. (e). Pub. L. 95-617, Sec. 204(b)(2), inserted ''(other

than facilities subject to such jurisdiction solely by reason of

section 824i, 824j, or 824k of this title)'' after ''under this

subchapter''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-MISC5-

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by Pub. L. 102-486 to be construed as

affecting or intending to affect, or in any way to interfere with,

authority of any State or local government relating to

environmental protection or siting of facilities, see section 731

of Pub. L. 102-486, set out as a note under section 79 of Title 15,

Commerce and Trade.

PRIOR ACTIONS; EFFECT ON OTHER AUTHORITIES

Section 214 of Pub. L. 95-617 provided that:

''(a) Prior Actions. - No provision of this title (enacting

sections 823a, 824i to 824k, 824a-1 to 824a-3 and 825q-1 of this

title, amending sections 796, 824, 824a, 824d, and 825d of this

title and enacting provisions set out as notes under sections 824a,

824d, and 825d of this title) or of any amendment made by this

title shall apply to, or affect, any action taken by the Commission

before the date of the enactment of this Act (Nov. 9, 1978).

''(b) Other Authorities. - No provision of this title (enacting

sections 823a, 824i to 824k, 824a-1 to 824a-3 and 825q-1 of this

title, amending sections 796, 824, 824a, 824d, and 825d of this

title and enacting provisions set out as notes under sections 824a,

824d, and 825d of this title) or of any amendment made by this

title shall limit, impair or otherwise affect any authority of the

Commission or any other agency or instrumentality of the United

States under any other provision of law except as specifically

provided in this title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 839e of this title; title

15 section 79z-5a.

-CITE-

16 USC Sec. 824a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824a. Interconnection and coordination of facilities;

emergencies; transmission to foreign countries

-STATUTE-

(a) Regional districts; establishment; notice to State commissions

For the purpose of assuring an abundant supply of electric energy

throughout the United States with the greatest possible economy and

with regard to the proper utilization and conservation of natural

resources, the Commission is empowered and directed to divide the

country into regional districts for the voluntary interconnection

and coordination of facilities for the generation, transmission,

and sale of electric energy, and it may at any time thereafter,

upon its own motion or upon application, make such modifications

thereof as in its judgment will promote the public interest. Each

such district shall embrace an area which, in the judgment of the

Commission, can economically be served by such interconnection and

coordinated electric facilities. It shall be the duty of the

Commission to promote and encourage such interconnection and

coordination within each such district and between such districts.

Before establishing any such district and fixing or modifying the

boundaries thereof the Commission shall give notice to the State

commission of each State situated wholly or in part within such

district, and shall afford each such State commission reasonable

opportunity to present its views and recommendations, and shall

receive and consider such views and recommendations.

(b) Sale or exchange of energy; establishing physical connections

Whenever the Commission, upon application of any State commission

or of any person engaged in the transmission or sale of electric

energy, and after notice to each State commission and public

utility affected and after opportunity for hearing, finds such

action necessary or appropriate in the public interest it may by

order direct a public utility (if the Commission finds that no

undue burden will be placed upon such public utility thereby) to

establish physical connection of its transmission facilities with

the facilities of one or more other persons engaged in the

transmission or sale of electric energy, to sell energy to or

exchange energy with such persons: Provided, That the Commission

shall have no authority to compel the enlargement of generating

facilities for such purposes, nor to compel such public utility to

sell or exchange energy when to do so would impair its ability to

render adequate service to its customers. The Commission may

prescribe the terms and conditions of the arrangement to be made

between the persons affected by any such order, including the

apportionment of cost between them and the compensation or

reimbursement reasonably due to any of them.

(c) Temporary connection and exchange of facilities during

emergency

During the continuance of any war in which the United States is

engaged, or whenever the Commission determines that an emergency

exists by reason of a sudden increase in the demand for electric

energy, or a shortage of electric energy or of facilities for the

generation or transmission of electric energy, or of fuel or water

for generating facilities, or other causes, the Commission shall

have authority, either upon its own motion or upon complaint, with

or without notice, hearing, or report, to require by order such

temporary connections of facilities and such generation, delivery,

interchange, or transmission of electric energy as in its judgment

will best meet the emergency and serve the public interest. If the

parties affected by such order fail to agree upon the terms of any

arrangement between them in carrying out such order, the

Commission, after hearing held either before or after such order

takes effect, may prescribe by supplemental order such terms as it

finds to be just and reasonable, including the compensation or

reimbursement which should be paid to or by any such party.

(d) Temporary connection during emergency by persons without

jurisdiction of Commission

During the continuance of any emergency requiring immediate

action, any person engaged in the transmission or sale of electric

energy and not otherwise subject to the jurisdiction of the

Commission may make such temporary connections with any public

utility subject to the jurisdiction of the Commission or may

construct such temporary facilities for the transmission of

electric energy in interstate commerce as may be necessary or

appropriate to meet such emergency, and shall not become subject to

the jurisdiction of the Commission by reason of such temporary

connection or temporary construction: Provided, That such temporary

connection shall be discontinued or such temporary construction

removed or otherwise disposed of upon the termination of such

emergency: Provided further, That upon approval of the Commission

permanent connections for emergency use only may be made hereunder.

(e) Transmission of electric energy to foreign country

After six months from August 26, 1935, no person shall transmit

any electric energy from the United States to a foreign country

without first having secured an order of the Commission authorizing

it to do so. The Commission shall issue such order upon

application unless, after opportunity for hearing, it finds that

the proposed transmission would impair the sufficiency of electric

supply within the United States or would impede or tend to impede

the coordination in the public interest of facilities subject to

the jurisdiction of the Commission. The Commission may by its order

grant such application in whole or in part, with such modifications

and upon such terms and conditions as the Commission may find

necessary or appropriate, and may from time to time, after

opportunity for hearing and for good cause shown, make such

supplemental orders in the premises as it may find necessary or

appropriate.

(f) Transmission or sale at wholesale of electric energy;

regulation

The ownership or operation of facilities for the transmission or

sale at wholesale of electric energy which is (a) generated within

a State and transmitted from the State across an international

boundary and not thereafter transmitted into any other State, or

(b) generated in a foreign country and transmitted across an

international boundary into a State and not thereafter transmitted

into any other State, shall not make a person a public utility

subject to regulation as such under other provisions of this

subchapter. The State within which any such facilities are located

may regulate any such transaction insofar as such State regulation

does not conflict with the exercise of the Commission's powers

under or relating to subsection (e) of this section.

(g) Continuance of service

In order to insure continuity of service to customers of public

utilities, the Commission shall require, by rule, each public

utility to -

(1) report promptly to the Commission and any appropriate State

regulatory authorities any anticipated shortage of electric

energy or capacity which would affect such utility's capability

of serving its wholesale customers,

(2) submit to the Commission, and to any appropriate State

regulatory authority, and periodically revise, contingency plans

respecting -

(A) shortages of electric energy or capacity, and

(B) circumstances which may result in such shortages, and

(3) accommodate any such shortages or circumstances in a manner

which shall -

(A) give due consideration to the public health, safety, and

welfare, and

(B) provide that all persons served directly or indirectly by

such public utility will be treated, without undue prejudice or

disadvantage.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 202, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 848; amended Aug. 7, 1953,

ch. 343, 67 Stat. 461; Pub. L. 95-617, title II, Sec. 206(a), Nov.

9, 1978, 92 Stat. 3141.)

-MISC1-

AMENDMENTS

1978 - Subsec. (g). Pub. L. 95-617 added subsec. (g).

1953 - Subsec. (f). Act Aug. 7, 1953, added subsec. (f).

EFFECTIVE DATE OF 1978 AMENDMENT

Section 206(b) of Pub. L. 95-617 provided that: ''The amendment

made by subsection (a) (adding subsec. (g) of this section) shall

not affect any proceeding of the Commission pending on the date of

the enactment of this Act (Nov. 9, 1978) or any case pending on

such date respecting a proceeding of the Commission.''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter and

interconnection, under this section, of facilities for generation,

transmission, and sale of electric energy, other than emergency

interconnection, transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(B) and 7293 of Title 42, The

Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

DELEGATION OF FUNCTIONS

Functions of President respecting certain facilities constructed

and maintained on United States borders delegated to Secretary of

State, see Ex. Ord. No. 11423, Aug. 16, 1968. 33 F.R. 11741, set

out as a note under section 301 of Title 3, The President.

-MISC5-

PERFORMANCE OF FUNCTIONS RESPECTING ELECTRIC POWER AND NATURAL GAS

FACILITIES LOCATED ON UNITED STATES BORDERS

For provisions relating to performance of functions by Secretary

of Energy respecting electric power and natural gas facilities

located on United States borders, see Ex. Ord. No. 10485, Sept. 8,

1953, 18 F.R. 5397, as amended by Ex. Ord. No. 12038, Feb. 3, 1978,

43 F.R. 4957, set out as a note under section 717b of Title 15,

Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824a-1, 824a-2, 824a-4 of

this title; title 42 section 7172.

-CITE-

16 USC Sec. 824a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824a-1. Pooling

-STATUTE-

(a) State laws

The Commission may, on its own motion, and shall, on application

of any person or governmental entity, after public notice and

notice to the Governor of the affected State and after affording an

opportunity for public hearing, exempt electric utilities, in whole

or in part, from any provision of State law, or from any State rule

or regulation, which prohibits or prevents the voluntary

coordination of electric utilities, including any agreement for

central dispatch, if the Commission determines that such voluntary

coordination is designed to obtain economical utilization of

facilities and resources in any area. No such exemption may be

granted if the Commission finds that such provision of State law,

or rule or regulation -

(1) is required by any authority of Federal law, or

(2) is designed to protect public health, safety, or welfare,

or the environment or conserve energy or is designed to mitigate

the effects of emergencies resulting from fuel shortages.

(b) Pooling study

(1) The Commission, in consultation with the reliability councils

established under section 202(a) of the Federal Power Act (16

U.S.C. 824a), the Secretary, and the electric utility industry

shall study the opportunities for -

(A) conservation of energy,

(B) optimization in the efficiency of use of facilities and

resources, and

(C) increased reliability,

through pooling arrangements. Not later than 18 months after

November 9, 1978, the Commission shall submit a report containing

the results of such study to the President and the Congress.

(2) The Commission may recommend to electric utilities that such

utilities should voluntarily enter into negotiations where the

opportunities referred to in paragraph (1) exist. The Commission

shall report annually to the President and the Congress regarding

any such recommendations and subsequent actions taken by electric

utilities, by the Commission, and by the Secretary under this Act,

the Federal Power Act (16 U.S.C. 791a et seq.), and any other

provision of law. Such annual reports shall be included in the

Commission's annual report required under the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.).

-SOURCE-

(Pub. L. 95-617, title II, Sec. 205, Nov. 9, 1978, 92 Stat. 3140.)

-REFTEXT-

REFERENCES IN TEXT

The Commission, referred to in text, means the Federal Energy

Regulatory Commission. See section 2602(3) of this title

The Secretary, referred to in subsec. (b), means the Secretary of

Energy. See section 2602(14) of this title.

This Act, referred to in subsec. (b)(2), means Pub. L. 95-617,

Nov. 9, 1978, 92 Stat. 3117, known as the ''Public Utility

Regulatory Policies Act of 1978''. For complete classification of

this Act to the Code, see Short Title note set out under section

2601 of this title and Tables.

The Federal Power Act, referred to in subsec. (b)(2), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to this chapter. For complete classification of this Act

to the Code, see section 791a of this title and Tables.

The Department of Energy Organization Act, referred to in subsec.

(b)(2), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,

which is classified principally to chapter 84 (Sec. 7101 et seq.)

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of Title 42 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Federal Power Act

which generally comprises this chapter.

-CITE-

16 USC Sec. 824a-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824a-2. Reliability

-STATUTE-

(a) Study

(1) The Secretary, in consultation with the Commission, shall

conduct a study with respect to -

(A) the level of reliability appropriate to adequately serve

the needs of electric consumers, taking into account cost

effectiveness and the need for energy conservation,

(B) the various methods which could be used in order to achieve

such level of reliability and the cost effectiveness of such

methods, and

(C) the various procedures that might be used in case of an

emergency outage to minimize the public disruption and economic

loss that might be caused by such an outage and the cost

effectiveness of such procedures.

Such study shall be completed and submitted to the President and

the Congress not later than 18 months after November 9, 1978.

Before such submittal the Secretary shall provide an opportunity

for public comment on the results of such study.

(2) The study under paragraph (1) shall include consideration of

the following:

(A) the cost effectiveness of investments in each of the

components involved in providing adequate and reliable electric

service, including generation, transmission, and distribution

facilities, and devices available to the electric consumer;

(B) the environmental and other effects of the investments

considered under subparagraph (A);

(C) various types of electric utility systems in terms of

generation, transmission, distribution and customer mix, the

extent to which differences in reliability levels may be

desirable, and the cost-effectiveness of the various methods

which could be used to decrease the number and severity of any

outages among the various types of systems;

(D) alternatives to adding new generation facilities to achieve

such desired levels of reliability (including conservation);

(E) the cost-effectiveness of adding a number of small,

decentralized conventional and nonconventional generating units

rather than a small number of large generating units with a

similar total megawatt capacity for achieving the desired level

of reliability; and

(F) any standards for electric utility reliability used by, or

suggested for use by, the electric utility industry in terms of

cost-effectiveness in achieving the desired level of reliability,

including equipment standards, standards for operating procedures

and training of personnel, and standards relating the number and

severity of outages to periods of time.

(b) Examination of reliability issues by reliability councils

The Secretary, in consultation with the Commission, may, from

time to time, request the reliability councils established under

section 202(a) of the Federal Power Act (16 U.S.C. 824a(a) of this

title) or other appropriate persons (including Federal agencies) to

examine and report to him concerning any electric utility

reliability issue. The Secretary shall report to the Congress (in

its annual report or in the report required under subsection (a) of

this section if appropriate) the results of any examination under

the preceding sentence.

(c) Department of Energy recommendations

The Secretary, in consultation with the Commission, and after

opportunity for public comment, may recommend industry standards

for reliability to the electric utility industry, including

standards with respect to equipment, operating procedures and

training of personnel, and standards relating to the level or

levels of reliability appropriate to adequately and reliably serve

the needs of electric consumers. The Secretary shall include in

his annual report -

(1) any recommendations made under this subsection or any

recommendations respecting electric utility reliability problems

under any other provision of law, and

(2) a description of actions taken by electric utilities with

respect to such recommendations.

-SOURCE-

(Pub. L. 95-617, title II, Sec. 209, Nov. 9, 1978, 92 Stat. 3143.)

-REFTEXT-

REFERENCES IN TEXT

The Secretary and the Commission, referred to in subsecs. (a)(1),

(b), and (c), mean the Secretary of Energy and the Federal Energy

Regulatory Commission, respectively. See section 2602(3) and (14)

of this title.

-COD-

CODIFICATION

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Federal Power Act

which generally comprises this chapter.

-CITE-

16 USC Sec. 824a-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824a-3. Cogeneration and small power production

-STATUTE-

(a) Cogeneration and small power production rules

Not later than 1 year after November 9, 1978, the Commission

shall prescribe, and from time to time thereafter revise, such

rules as it determines necessary to encourage cogeneration and

small power production, and to encourage geothermal small power

production facilities of not more than 80 megawatts capacity, which

rules require electric utilities to offer to -

(1) sell electric energy to qualifying cogeneration facilities

and qualifying small power production facilities (FOOTNOTE 1) and

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(2) purchase electric energy from such facilities.

Such rules shall be prescribed, after consultation with

representatives of Federal and State regulatory agencies having

ratemaking authority for electric utilities, and after public

notice and a reasonable opportunity for interested persons

(including State and Federal agencies) to submit oral as well as

written data, views, and arguments. Such rules shall include

provisions respecting minimum reliability of qualifying

cogeneration facilities and qualifying small power production

facilities (including reliability of such facilities during

emergencies) and rules respecting reliability of electric energy

service to be available to such facilities from electric utilities

during emergencies. Such rules may not authorize a qualifying

cogeneration facility or qualifying small power production facility

to make any sale for purposes other than resale.

(b) Rates for purchases by electric utilities

The rules prescribed under subsection (a) of this section shall

insure that, in requiring any electric utility to offer to purchase

electric energy from any qualifying cogeneration facility or

qualifying small power production facility, the rates for such

purchase -

(1) shall be just and reasonable to the electric consumers of

the electric utility and in the public interest, and

(2) shall not discriminate against qualifying cogenerators or

qualifying small power producers.

No such rule prescribed under subsection (a) of this section shall

provide for a rate which exceeds the incremental cost to the

electric utility of alternative electric energy.

(c) Rates for sales by utilities

The rules prescribed under subsection (a) of this section shall

insure that, in requiring any electric utility to offer to sell

electric energy to any qualifying cogeneration facility or

qualifying small power production facility, the rates for such sale

-

(1) shall be just and reasonable and in the public interest,

and

(2) shall not discriminate against the qualifying cogenerators

or qualifying small power producers.

(d) ''Incremental cost of alternative electric energy'' defined

For purposes of this section, the term ''incremental cost of

alternative electric energy'' means, with respect to electric

energy purchased from a qualifying cogenerator or qualifying small

power producer, the cost to the electric utility of the electric

energy which, but for the purchase from such cogenerator or small

power producer, such utility would generate or purchase from

another source.

(e) Exemptions

(1) Not later than 1 year after November 9, 1978, and from time

to time thereafter, the Commission shall, after consultation with

representatives of State regulatory authorities, electric

utilities, owners of cogeneration facilities and owners of small

power production facilities, and after public notice and a

reasonable opportunity for interested persons (including State and

Federal agencies) to submit oral as well as written data, views,

and arguments, prescribe rules under which geothermal small power

production facilities of not more than 80 megawatts capacity,

qualifying cogeneration facilities, and qualifying small power

production facilities are exempted in whole or part from the

Federal Power Act (16 U.S.C. 791a et seq.), from the Public Utility

Holding Company Act (15 U.S.C. 79 et seq.), from State laws and

regulations respecting the rates, or respecting the financial or

organizational regulation, of electric utilities, or from any

combination of the foregoing, if the Commission determines such

exemption is necessary to encourage cogeneration and small power

production.

(2) No qualifying small power production facility (other than a

qualifying small power production facility which is an eligible

solar, wind, waste, or geothermal facility as defined in section

3(17)(E) of the Federal Power Act (16 U.S.C. 796(17)(E))) which has

a power production capacity which, together with any other

facilities located at the same site (as determined by the

Commission), exceeds 30 megawatts, or 80 megawatts for a qualifying

small power production facility using geothermal energy as the

primary energy source, may be exempted under rules under paragraph

(1) from any provision of law or regulation referred to in

paragraph (1), except that any qualifying small power production

facility which produces electric energy solely by the use of

biomass as a primary energy source, may be exempted by the

Commission under such rules from the Public Utility Holding Company

Act (15 U.S.C. 79 et seq.) and from State laws and regulations

referred to in such paragraph (1).

(3) No qualifying small power production facility or qualifying

cogeneration facility may be exempted under this subsection from -

(A) any State law or regulation in effect in a State pursuant

to subsection (f) of this section,

(B) the provisions of section 210, 211, or 212 of the Federal

Power Act (16 U.S.C. 824i, 824j, or 824k) or the necessary

authorities for enforcement of any such provision under the

Federal Power Act (16 U.S.C. 791a et seq.), or

(C) any license or permit requirement under part I of the

Federal Power Act (16 U.S.C. 791a et seq.) any provision under

such Act related to such a license or permit requirement, or the

necessary authorities for enforcement of any such requirement.

(f) Implementation of rules for qualifying cogeneration and

qualifying small power production facilities

(1) Beginning on or before the date one year after any rule is

prescribed by the Commission under subsection (a) of this section

or revised under such subsection, each State regulatory authority

shall, after notice and opportunity for public hearing, implement

such rule (or revised rule) for each electric utility for which it

has ratemaking authority.

(2) Beginning on or before the date one year after any rule is

prescribed by the Commission under subsection (a) of this section

or revised under such subsection, each nonregulated electric

utility shall, after notice and opportunity for public hearing,

implement such rule (or revised rule).

(g) Judicial review and enforcement

(1) Judicial review may be obtained respecting any proceeding

conducted by a State regulatory authority or nonregulated electric

utility for purposes of implementing any requirement of a rule

under subsection (a) of this section in the same manner, and under

the same requirements, as judicial review may be obtained under

section 2633 of this title in the case of a proceeding to which

section 2633 of this title applies.

(2) Any person (including the Secretary) may bring an action

against any electric utility, qualifying small power producer, or

qualifying cogenerator to enforce any requirement established by a

State regulatory authority or nonregulated electric utility

pursuant to subsection (f) of this section. Any such action shall

be brought only in the manner, and under the requirements, as

provided under section 2633 of this title with respect to an action

to which section 2633 of this title applies.

(h) Commission enforcement

(1) For purposes of enforcement of any rule prescribed by the

Commission under subsection (a) of this section with respect to any

operations of an electric utility, a qualifying cogeneration

facility or a qualifying small power production facility which are

subject to the jurisdiction of the Commission under part II of the

Federal Power Act (16 U.S.C. 824 et seq.), such rule shall be

treated as a rule under the Federal Power Act (16 U.S.C. 791a et

seq.). Nothing in subsection (g) of this section shall apply to so

much of the operations of an electric utility, a qualifying

cogeneration facility or a qualifying small power production

facility as are subject to the jurisdiction of the Commission under

part II of the Federal Power Act.

(2)(A) The Commission may enforce the requirements of subsection

(f) of this section against any State regulatory authority or

nonregulated electric utility. For purposes of any such

enforcement, the requirements of subsection (f)(1) of this section

shall be treated as a rule enforceable under the Federal Power Act

(16 U.S.C. 791a et seq.). For purposes of any such action, a State

regulatory authority or nonregulated electric utility shall be

treated as a person within the meaning of the Federal Power Act. No

enforcement action may be brought by the Commission under this

section other than -

(i) an action against the State regulatory authority or

nonregulated electric utility for failure to comply with the

requirements of subsection (f) of this section (FOOTNOTE 2) or

(FOOTNOTE 2) So in original. Probably should be followed by a

comma.

(ii) an action under paragraph (1).

(B) Any electric utility, qualifying cogenerator, or qualifying

small power producer may petition the Commission to enforce the

requirements of subsection (f) of this section as provided in

subparagraph (A) of this paragraph. If the Commission does not

initiate an enforcement action under subparagraph (A) against a

State regulatory authority or nonregulated electric utility within

60 days following the date on which a petition is filed under this

subparagraph with respect to such authority, the petitioner may

bring an action in the appropriate United States district court to

require such State regulatory authority or nonregulated electric

utility to comply with such requirements, and such court may issue

such injunctive or other relief as may be appropriate. The

Commission may intervene as a matter of right in any such action.

(i) Federal contracts

No contract between a Federal agency and any electric utility for

the sale of electric energy by such Federal agency for resale which

is entered into after November 9, 1978, may contain any provision

which will have the effect of preventing the implementation of any

rule under this section with respect to such utility. Any

provision in any such contract which has such effect shall be null

and void.

(j) New dams and diversions

Except for a hydroelectric project located at a Government dam

(as defined in section 3(10) of the Federal Power Act (16 U.S.C.

796(10))) at which non-Federal hydroelectric development is

permissible, this section shall not apply to any hydroelectric

project which impounds or diverts the water of a natural

watercourse by means of a new dam or diversion unless the project

meets each of the following requirements:

(1) No substantial adverse effects

At the time of issuance of the license or exemption for the

project, the Commission finds that the project will not have

substantial adverse effects on the environment, including

recreation and water quality. Such finding shall be made by the

Commission after taking into consideration terms and conditions

imposed under either paragraph (3) of this subsection or section

10 of the Federal Power Act (16 U.S.C. 803) (whichever is

appropriate as required by that Act (16 U.S.C. 791a et seq.) or

the Electric Consumers Protection Act of 1986) and compliance

with other environmental requirements applicable to the project.

(2) Protected rivers

At the time the application for a license or exemption for the

project is accepted by the Commission (in accordance with the

Commission's regulations and procedures in effect on January 1,

1986, including those relating to environmental consultation),

such project is not located on either of the following:

(A) Any segment of a natural watercourse which is included in

(or designated for potential inclusion in) a State or national

wild and scenic river system.

(B) Any segment of a natural watercourse which the State has

determined, in accordance with applicable State law, to possess

unique natural, recreational, cultural, or scenic attributes

which would be adversely affected by hydroelectric development.

(3) Fish and wildlife terms and conditions

The project meets the terms and conditions set by fish and

wildlife agencies under the same procedures as provided for under

section 30(c) of the Federal Power Act (16 U.S.C. 823a(c)).

(k) ''New dam or diversion'' defined

For purposes of this section, the term ''new dam or diversion''

means a dam or diversion which requires, for purposes of installing

any hydroelectric power project, any construction, or enlargement

of any impoundment or diversion structure (other than repairs or

reconstruction or the addition of flashboards or similar adjustable

devices).

(l) Definitions

For purposes of this section, the terms ''small power production

facility'', ''qualifying small power production facility'',

''qualifying small power producer'', ''primary energy source'',

''cogeneration facility'', ''qualifying cogeneration facility'',

and ''qualifying cogenerator'' have the respective meanings

provided for such terms under section 3(17) and (18) of the Federal

Power Act (16 U.S.C. 796(17), (18)).

-SOURCE-

(Pub. L. 95-617, title II, Sec. 210, Nov. 9, 1978, 92 Stat. 3144;

Pub. L. 96-294, title VI, Sec. 643(b), June 30, 1980, 94 Stat. 770;

Pub. L. 99-495, Sec. 8(a), Oct. 16, 1986, 100 Stat. 1249; Pub. L.

101-575, Sec. 2, Nov. 15, 1990, 104 Stat. 2834.)

-REFTEXT-

REFERENCES IN TEXT

The Commission, referred to in subsecs. (a), (e)(1), (2), (f),

(h), and (j)(1), (2), means the Federal Energy Regulatory

Commission. See section 2602(3) of this title.

The Secretary, referred to in subsec. (g)(2), means the Secretary

of Energy. See section 2602(14) of this title.

The Federal Power Act, referred to in subsecs. (e), (h), and

(j)(1), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,

which is classified generally to this chapter (Sec. 791a et seq.).

Part I of the Federal Power Act is classified generally to

subchapter I (Sec. 791a et seq.) of this chapter. Part II of the

Federal Power Act is classified generally to this subchapter (Sec.

824 et seq.). For complete classification of this Act to the Code,

see section 791a of this title and Tables.

The Public Utility Holding Company Act, referred to in subsec.

(e), probably means the Public Utility Holding Company Act of 1935,

act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended,

which is classified generally to chapter 2C (Sec. 79 et seq.) of

Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see section 79 of Title 15 and Tables.

The Electric Consumers Protection Act of 1986, referred to in

subsec. (j)(1), is Pub. L. 99-495, Oct. 16, 1986, 100 Stat. 1243.

For complete classification of this Act to the Code, see Short

Title of 1986 Amendment note set out under section 791a of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Federal Power Act

which generally comprises this chapter.

-MISC3-

AMENDMENTS

1990 - Subsec. (e)(2). Pub. L. 101-575 inserted ''(other than a

qualifying small power production facility which is an eligible

solar, wind, waste, or geothermal facility as defined in section

3(17)(E) of the Federal Power Act)'' after first reference to

''facility''.

1986 - Subsecs. (j) to (l). Pub. L. 99-495 added subsecs. (j) and

(k) and redesignated former subsec. (j) as (l).

1980 - Subsec. (a). Pub. L. 96-294, Sec. 643(b)(1), inserted

provisions relating to encouragement of geothermal small power

production facilities.

Subsec. (e)(1). Pub. L. 96-294, Sec. 643(b)(2), inserted

provisions relating to applicability to geothermal small power

production facilities.

Subsec. (e)(2). Pub. L. 96-294, Sec. 643(b)(3), inserted

provisions respecting a qualifying small power production facility

using geothermal energy as the primary energy source.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 8(b) of Pub. L. 99-495 provided that:

''(1) Subsection (j) of section 210 of the Public Utility

Regulatory Policies Act of 1978 (as amended by subsection (a) of

this section) (16 U.S.C. 824a-3(j)) shall apply to any project for

which benefits under section 210 of the Public Utility Regulatory

Policies Act of 1978 are sought and for which a license or

exemption is issued by the Federal Energy Regulatory Commission

after the enactment of this Act (Oct. 16, 1986), except as

otherwise provided in paragraph (2), (3) or (4) of this subsection.

''(2) Subsection (j) shall not apply to the project if the

application for license or exemption for the project was filed, and

accepted for filing by the Commission, before the enactment of this

Act (Oct. 16, 1986).

''(3) Paragraphs (1) and (3) of such subsection (j) shall not

apply if the application for the license or exemption for the

project was filed before the enactment of this Act (Oct. 16, 1986)

and accepted for filing by the Commission (in accordance with the

Commission's regulations and procedures in effect on January 1,

1986, including those relating to the requirement for environmental

consultation) within 3 years after such enactment.

''(4)(A) Paragraph (3) of subsection (j) shall not apply for

projects where the license or exemption application was filed after

enactment of this Act (Oct. 16, 1986) if, based on a petition filed

by the applicant for such project within 18 months after such

enactment, the Commission determines (after public notice and

opportunity for public comment of at least 45 days) that the

applicant has demonstrated that he had committed (prior to the

enactment of this Act) substantial monetary resources directly

related to the development of the project and to the diligent and

timely completion of all requirements of the Commission for filing

an acceptable application for license or exemption. Such petition

shall be publicly available and shall be filed in such form as the

Commission shall require by rule issued within 120 days after the

enactment of this Act. The public notice required under this

subparagraph shall include written notice by the petitioner to

affected Federal and State agencies.

''(B) In the case of any petition referred to in subparagraph

(A), if the applicant had a preliminary permit and had completed

environmental consultations (required by Commission regulations and

procedures in effect on January 1, 1986) prior to enactment, there

shall be a rebuttable presumption that such applicant had committed

substantial monetary resources prior to enactment.

''(C) The applicant for a license or exemption for a project

described in subparagraph (A) may petition the Commission for an

initial determination under paragraph (1) of section 210(j) of the

Public Utility Regulatory Policies Act of 1978 (16 U.S.C.

824a-3(j)(1)) prior to the time the license or exemption is

issued. If the Commission initially finds that the project will

have substantial adverse effects on the environment within the

meaning of such paragraph (1), prior to making a final finding

under that paragraph the Commission shall afford the applicant a

reasonable opportunity to provide for mitigation of such adverse

effects. The Commission shall make a final finding under such

paragraph (1) at the time the license or exemption is issued. If

the Federal Energy Regulatory Commission has notified the State of

its initial finding and the State has not taken any action

described in paragraph (2) of section 210(j) before such final

finding, the failure to take such action shall be the basis for a

rebuttable presumption that there is not a substantial adverse

effect on the environment related to natural, recreational,

cultural, or scenic attributes for purposes of such finding.

''(D) If a petition under subparagraph (A) is denied, all

provisions of section 210(j) of the Public Utility Regulatory

Policies Act of 1978 (16 U.S.C. 824a-3(j)) shall apply to the

project regardless of when the license or exemption is issued.''

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

CALCULATION OF AVOIDED COST

Pub. L. 102-486, title XIII, Sec. 1335, Oct. 24, 1992, 106 Stat.

2984, provided that: ''Nothing in section 210 of the Public Utility

Regulatory Policies Act of 1978 (Public Law 95-617) (16 U.S.C.

824a-3) requires a State regulatory authority or nonregulated

electric utility to treat a cost reasonably identified to be

incurred or to have been incurred in the construction or operation

of a facility or a project which has been selected by the

Department of Energy and provided Federal funding pursuant to the

Clean Coal Program authorized by Public Law 98-473 (see Tables for

classification) as an incremental cost of alternative electric

energy.''

APPLICABILITY OF 1980 AMENDMENT TO FACILITIES USING SOLAR ENERGY AS

PRIMARY ENERGY SOURCE

Pub. L. 100-202, Sec. 101(d) (title III, Sec. 310), Dec. 22,

1987, 101 Stat. 1329-104, 1329-126, provided that:

''(a) The amendments made by section 643(b) of the Energy

Security Act (Public Law 96-294) (amending this section) and any

regulations issued to implement such amendment shall apply to

qualifying small power production facilities (as such term is

defined in the Federal Power Act (16 U.S.C. 791a et seq.)) using

solar energy as the primary energy source to the same extent such

amendments and regulations apply to qualifying small power

production facilities using geothermal energy as the primary energy

source, except that nothing in this Act (see Tables for

classification) shall preclude the Federal Energy Regulatory

Commission from revising its regulations to limit the availability

of exemptions authorized under this Act as it determines to be

required in the public interest and consistent with its obligations

and duties under section 210 of the Public Utility Regulatory

Policies Act of 1978 (this section).

''(b) The provisions of subsection (a) shall apply to a facility

using solar energy as the primary energy source only if either of

the following is submitted to the Federal Energy Regulatory

Commission during the two-year period beginning on the date of

enactment of this Act (Dec. 22, 1987):

''(1) An application for certification of the facility as a

qualifying small power production facility.

''(2) Notice that the facility meets the requirements for

qualification.''

STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON APPLICATION OF

PROVISIONS RELATING TO COGENERATION, SMALL POWER PRODUCTION, AND

INTERCONNECTION AUTHORITY TO HYDROELECTRIC POWER FACILITIES

Section 8(d) of Pub. L. 99-495 provided that:

''(1) The Commission shall conduct a study (in accordance with

section 102(2)(C) of the National Environmental Policy Act of 1969

(42 U.S.C. 4332(2)(C))) of whether the benefits of section 210 of

the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.

824a-3) and section 210 of the Federal Power Act (16 U.S.C. 824i)

should be applied to hydroelectric power facilities utilizing new

dams or diversions (within the meaning of section 210(k) of the

Public Utility Regulatory Policies Act of 1978).

''(2) The study under this subsection shall take into

consideration the need for such new dams or diversions for power

purposes, the environmental impacts of such new dams and diversions

(both with and without the application of the amendments made by

this Act to sections 4, 10, and 30 of the Federal Power Act (16

U.S.C. 797, 803, 823a) and section 210 of the Public Utility

Regulatory Policies Act of 1978 (16 U.S.C. 824a-3)), the

environmental effects of such facilities alone and in combination

with other existing or proposed dams or diversions on the same

waterway, the intent of Congress to encourage and give priority to

the application of section 210 of Public Utility Regulatory

Policies Act of 1978 to existing dams and diversions rather than

such new dams or diversions, and the impact of such section 210 on

the rates paid by electric power consumers.

''(3) The study under this subsection shall be initiated within 3

months after enactment of this Act (Oct. 16, 1986) and completed as

promptly as practicable.

''(4) A report containing the results of the study conducted

under this subsection shall be submitted to the Committee on Energy

and Commerce of the United States House of Representatives and the

Committee on Energy and Natural Resources of the United States

Senate while both Houses are in session.

''(5) The report submitted under paragraph (4) shall include a

determination (and the basis thereof) by the Commission, based on

the study and a public hearing and subject to review under section

313(b) of the Federal Power Act (16 U.S.C. 825l(b)), whether any of

the benefits referred to in paragraph (1) should be available for

such facilities and whether applications for preliminary permits

(or licenses where no preliminary permit has been issued) for such

small power production facilities utilizing new dams or diversions

should be accepted by the Commission after the moratorium period

specified in subsection (e). The report shall include such other

administrative and legislative recommendations as the Commission

deems appropriate.

''(6) If the study under this subsection has not been completed

within 18 months after its initiation, the Commission shall notify

the Committees referred to in paragraph (4) of the reasons for the

delay and specify a date when it will be completed and a report

submitted.''

MORATORIUM ON APPLICATION OF THIS SECTION TO NEW DAMS

Section 8(e) of Pub. L. 99-495 provided that: ''Notwithstanding

the amendments made by subsection (a) of this section (amending

section 824a-3 of this title), in the case of a project for which a

license or exemption is issued after the enactment of this Act

(Oct. 16, 1986), section 210 of the Public Utility Regulatory

Policies Act of 1978 (16 U.S.C. 824a-3) shall not apply during the

moratorium period if the project utilizes a new dam or diversion

(as defined in section 210(k) of such Act) unless the project is

either -

''(1) a project located at a Government dam (as defined in

section 3(10) of the Federal Power Act (16 U.S.C. 796(10))) at

which non-Federal hydroelectric development is permissible, or

''(2) a project described in paragraphs (2), (3), or (4) of

subsection (b) (set out as a note above).

For purposes of this subsection, the term 'moratorium period' means

the period beginning on the date of the enactment of this Act and

ending at the expiration of the first full session of Congress

after the session during which the report under subsection (d) (set

out as a note above) has been submitted to the Congress.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 136; title 42

section 6807.

-CITE-

16 USC Sec. 824a-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824a-4. Seasonal diversity electricity exchange

-STATUTE-

(a) Authority

The Secretary may acquire rights-of-way by purchase, including

eminent domain, through North Dakota, South Dakota, and Nebraska

for transmission facilities for the seasonal diversity exchange of

electric power to and from Canada if he determines -

(1) after opportunity for public hearing -

(A) that the exchange is in the public interest and would

further the purposes referred to in section 2611(1) and (2) of

this title and that the acquisition of such rights-of-way and

the construction and operation of such transmission facilities

for such purposes is otherwise in the public interest,

(B) that a permit has been issued in accordance with

subsection (b) of this section for such construction,

operation, maintenance, and connection of the facilities at the

border for the transmission of electric energy between the

United States and Canada as is necessary for such exchange of

electric power, and

(C) that each affected State has approved the portion of the

transmission route located in each State in accordance with

applicable State law, or if there is no such applicable State

law in such State, the Governor has approved such portion; and

(2) after consultation with the Secretary of the Interior and

the heads of other affected Federal agencies, that the Secretary

of the Interior and the heads of such, (FOOTNOTE 1) other

agencies concur in writing in the location of such portion of the

transmission facilities as crosses Federal land under the

jurisdiction of such Secretary or such other Federal agency, as

the case may be.

(FOOTNOTE 1) So in original. Comma probably should be deleted.

The Secretary shall provide to any State such cooperation and

technical assistance as the State may request and as he determines

appropriate in the selection of a transmission route. If the

transmission route approved by any State does not appear to be

feasible and in the public interest, the Secretary shall encourage

such State to review such route and to develop a route that is

feasible and in the public interest. Any exercise by the Secretary

of the power of eminent domain under this section shall be in

accordance with other applicable provisions of Federal law. The

Secretary shall provide public notice of his intention to acquire

any right-of-way before exercising such power of eminent domain

with respect to such right-of-way.

(b) Permit

Notwithstanding any transfer of functions under the first

sentence of section 301(b) of the Department of Energy Organization

Act (42 U.S.C. 7151(b)), no permit referred to in subsection

(a)(1)(B) may be issued unless the Commission has conducted

hearings and made the findings required under section 202(e) of the

Federal Power Act (16 U.S.C. 824a(e)) and under the applicable

execution order respecting the construction, operation,

maintenance, or connection at the borders of the United States of

facilities for the transmission of electric energy between the

United States and a foreign country. Any finding of the Commission

under an applicable executive order referred to in this subsection

shall be treated for purposes of judicial review as an order issued

under section 202(e) of the Federal Power Act.

(c) Timely acquisition by other means

The Secretary may not acquire any rights-of-day (FOOTNOTE 2)

under this section unless he determines that the holder or holders

of a permit referred to in subsection (a)(1)(B) of this section are

unable to acquire such rights-of-way under State condemnation

authority, or after reasonable opportunity for negotiation, without

unreasonably delaying construction, taking into consideration the

impact of such delay on completion of the facilities in a timely

fashion.

(FOOTNOTE 2) So in original. Probably should be

''rights-of-way''.

(d) Payments by permittees

(1) The property interest acquired by the Secretary under this

section (whether by eminent domain or other purchase) shall be

transferred by the Secretary to the holder of a permit referred to

in subsection (b) of this section if such holder has made payment

to the Secretary of the entire costs of the acquisition of such

property interest, including administrative costs. The Secretary

may accept, and expend, for purposes of such acquisition, amounts

from any such person before acquiring a property interest to be

transferred to such person under this section.

(2) If no payment is made by a permit holder under paragraph (1),

within a reasonable time, the Secretary shall offer such

rights-of-way to the original owner for reacquisition at the

original price paid by the Secretary. If such original owner

refuses to reacquire such property after a reasonable period, the

Secretary shall dispose of such property in accordance with

applicable provisions of law governing disposal of property of the

United States.

(e) Federal law governing Federal lands

This section shall not affect any Federal law governing Federal

lands.

-SOURCE-

(Pub. L. 95-617, title VI, Sec. 602, Nov. 9, 1978, 92 Stat. 3164.)

-REFTEXT-

REFERENCES IN TEXT

The Secretary, referred to in subsecs. (a), (c), and (d), means

the Secretary of Energy. See section 2602(14) of this title.

The Commission, referred to in subsec. (b), means the Federal

Energy Regulatory Commission. See section 2602(3) of this title.

-COD-

CODIFICATION

Subsection (f), which required the Secretary to report annually

to Congress on actions taken pursuant to this section, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 90 of House Document No. 103-7.

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Federal Power Act

which generally comprises this chapter.

-CITE-

16 USC Sec. 824b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824b. Disposition of property; consolidations; purchase of

securities

-STATUTE-

(a) Authorizations

No public utility shall sell, lease, or otherwise dispose of the

whole of its facilities subject to the jurisdiction of the

Commission, or any part thereof of a value in excess of $50,000, or

by any means whatsoever, directly or indirectly, merge or

consolidate such facilities or any part thereof with those of any

other person, or purchase, acquire, or take any security of any

other public utility, without first having secured an order of the

Commission authorizing it to do so. Upon application for such

approval the Commission shall give reasonable notice in writing to

the Governor and State commission of each of the States in which

the physical property affected, or any part thereof, is situated,

and to such other persons as it may deem advisable. After notice

and opportunity for hearing, if the Commission finds that the

proposed disposition, consolidation, acquisition, or control will

be consistent with the public interest, it shall approve the same.

(b) Orders of Commission

The Commission may grant any application for an order under this

section in whole or in part and upon such terms and conditions as

it finds necessary or appropriate to secure the maintenance of

adequate service and the coordination in the public interest of

facilities subject to the jurisdiction of the Commission. The

Commission may from time to time for good cause shown make such

orders supplemental to any order made under this section as it may

find necessary or appropriate.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 203, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 849.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 824c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824c. Issuance of securities; assumption of liabilities

-STATUTE-

(a) Authorization by Commission

No public utility shall issue any security, or assume any

obligation or liability as guarantor, indorser, surety, or

otherwise in respect of any security of another person, unless and

until, and then only to the extent that, upon application by the

public utility, the Commission by order authorizes such issue or

assumption of liability. The Commission shall make such order only

if it finds that such issue or assumption (a) is for some lawful

object, within the corporate purposes of the applicant and

compatible with the public interest, which is necessary or

appropriate for or consistent with the proper performance by the

applicant of service as a public utility and which will not impair

its ability to perform that service, and (b) is reasonably

necessary or appropriate for such purposes. The provisions of this

section shall be effective six months after August 26, 1935.

(b) Application approval or modification; supplemental orders

The Commission, after opportunity for hearing, may grant any

application under this section in whole or in part, and with such

modifications and upon such terms and conditions as it may find

necessary or appropriate, and may from time to time, after

opportunity for hearing and for good cause shown, make such

supplemental orders in the premises as it may find necessary or

appropriate, and may by any such supplemental order modify the

provisions of any previous order as to the particular purposes,

uses, and extent to which, or the conditions under which, any

security so theretofore authorized or the proceeds thereof may be

applied, subject always to the requirements of subsection (a) of

this section.

(c) Compliance with order of Commission

No public utility shall, without the consent of the Commission,

apply any security or any proceeds thereof to any purpose not

specified in the Commission's order, or supplemental order, or to

any purpose in excess of the amount allowed for such purpose in

such order, or otherwise in contravention of such order.

(d) Authorization of capitalization not to exceed amount paid

The Commission shall not authorize the capitalization of the

right to be a corporation or of any franchise, permit, or contract

for consolidation, merger, or lease in excess of the amount

(exclusive of any tax or annual charge) actually paid as the

consideration for such right, franchise, permit, or contract.

(e) Notes or drafts maturing less than one year after issuance

Subsection (a) of this section shall not apply to the issue or

renewal of, or assumption of liability on, a note or draft maturing

not more than one year after the date of such issue, renewal, or

assumption of liability, and aggregating (together with all other

then outstanding notes and drafts of a maturity of one year or less

on which such public utility is primarily or secondarily liable)

not more than 5 per centum of the par value of the other securities

of the public utility then outstanding. In the case of securities

having no par value, the par value for the purpose of this

subsection shall be the fair market value as of the date of issue.

Within ten days after any such issue, renewal, or assumption of

liability, the public utility shall file with the Commission a

certificate of notification, in such form as may be prescribed by

the Commission, setting forth such matters as the Commission shall

by regulation require.

(f) Public utility securities regulated by State not affected

The provisions of this section shall not extend to a public

utility organized and operating in a State under the laws of which

its security issues are regulated by a State commission.

(g) Guarantee or obligation on part of United States

Nothing in this section shall be construed to imply any guarantee

or obligation on the part of the United States in respect of any

securities to which the provisions of this section relate.

(h) Filing duplicate reports with the Securities and Exchange

Commission

Any public utility whose security issues are approved by the

Commission under this section may file with the Securities and

Exchange Commission duplicate copies of reports filed with the

Federal Power Commission in lieu of the reports, information, and

documents required under sections 77g, 78l, and 78m of title 15.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 204, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 850.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

Executive and administrative functions of Securities and Exchange

Commission, with certain exceptions, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix

to Title 5, Government Organization and Employees.

-CITE-

16 USC Sec. 824d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824d. Rates and charges; schedules; suspension of new rates;

automatic adjustment clauses

-STATUTE-

(a) Just and reasonable rates

All rates and charges made, demanded, or received by any public

utility for or in connection with the transmission or sale of

electric energy subject to the jurisdiction of the Commission, and

all rules and regulations affecting or pertaining to such rates or

charges shall be just and reasonable, and any such rate or charge

that is not just and reasonable is hereby declared to be unlawful.

(b) Preference or advantage unlawful

No public utility shall, with respect to any transmission or sale

subject to the jurisdiction of the Commission, (1) make or grant

any undue preference or advantage to any person or subject any

person to any undue prejudice or disadvantage, or (2) maintain any

unreasonable difference in rates, charges, service, facilities, or

in any other respect, either as between localities or as between

classes of service.

(c) Schedules

Under such rules and regulations as the Commission may prescribe,

every public utility shall file with the Commission, within such

time and in such form as the Commission may designate, and shall

keep open in convenient form and place for public inspection

schedules showing all rates and charges for any transmission or

sale subject to the jurisdiction of the Commission, and the

classifications, practices, and regulations affecting such rates

and charges, together with all contracts which in any manner affect

or relate to such rates, charges, classifications, and services.

(d) Notice required for rate changes

Unless the Commission otherwise orders, no change shall be made

by any public utility in any such rate, charge, classification, or

service, or in any rule, regulation, or contract relating thereto,

except after sixty days' notice to the Commission and to the

public. Such notice shall be given by filing with the Commission

and keeping open for public inspection new schedules stating

plainly the change or changes to be made in the schedule or

schedules then in force and the time when the change or changes

will go into effect. The Commission, for good cause shown, may

allow changes to take effect without requiring the sixty days'

notice herein provided for by an order specifying the changes so to

be made and the time when they shall take effect and the manner in

which they shall be filed and published.

(e) Suspension of new rates; hearings; five-month period

Whenever any such new schedule is filed the Commission shall have

authority, either upon complaint or upon its own initiative without

complaint, at once, and, if it so orders, without answer or formal

pleading by the public utility, but upon reasonable notice, to

enter upon a hearing concerning the lawfulness of such rate,

charge, classification, or service; and, pending such hearing and

the decision thereon, the Commission, upon filing with such

schedules and delivering to the public utility affected thereby a

statement in writing of its reasons for such suspension, may

suspend the operation of such schedule and defer the use of such

rate, charge, classification, or service, but not for a longer

period than five months beyond the time when it would otherwise go

into effect; and after full hearings, either completed before or

after the rate, charge, classification, or service goes into

effect, the Commission may make such orders with reference thereto

as would be proper in a proceeding initiated after it had become

effective. If the proceeding has not been concluded and an order

made at the expiration of such five months, the proposed change of

rate, charge, classification, or service shall go into effect at

the end of such period, but in case of a proposed increased rate or

charge, the Commission may by order require the interested public

utility or public utilities to keep accurate account in detail of

all amounts received by reason of such increase, specifying by whom

and in whose behalf such amounts are paid, and upon completion of

the hearing and decision may by further order require such public

utility or public utilities to refund, with interest, to the

persons in whose behalf such amounts were paid, such portion of

such increased rates or charges as by its decision shall be found

not justified. At any hearing involving a rate or charge sought to

be increased, the burden of proof to show that the increased rate

or charge is just and reasonable shall be upon the public utility,

and the Commission shall give to the hearing and decision of such

questions preference over other questions pending before it and

decide the same as speedily as possible.

(f) Review of automatic adjustment clauses and public utility

practices; action by Commission; ''automatic adjustment

clause'' defined

(1) Not later than 2 years after November 9, 1978, and not less

often than every 4 years thereafter, the Commission shall make a

thorough review of automatic adjustment clauses in public utility

rate schedules to examine -

(A) whether or not each such clause effectively provides

incentives for efficient use of resources (including economical

purchase and use of fuel and electric energy), and

(B) whether any such clause reflects any costs other than costs

which are -

(i) subject to periodic fluctuations and

(ii) not susceptible to precise determinations in rate cases

prior to the time such costs are incurred.

Such review may take place in individual rate proceedings or in

generic or other separate proceedings applicable to one or more

utilities.

(2) Not less frequently than every 2 years, in rate proceedings

or in generic or other separate proceedings, the Commission shall

review, with respect to each public utility, practices under any

automatic adjustment clauses of such utility to insure efficient

use of resources (including economical purchase and use of fuel and

electric energy) under such clauses.

(3) The Commission may, on its own motion or upon complaint,

after an opportunity for an evidentiary hearing, order a public

utility to -

(A) modify the terms and provisions of any automatic adjustment

clause, or

(B) cease any practice in connection with the clause,

if such clause or practice does not result in the economical

purchase and use of fuel, electric energy, or other items, the cost

of which is included in any rate schedule under an automatic

adjustment clause.

(4) As used in this subsection, the term ''automatic adjustment

clause'' means a provision of a rate schedule which provides for

increases or decreases (or both), without prior hearing, in rates

reflecting increases or decreases (or both) in costs incurred by an

electric utility. Such term does not include any rate which takes

effect subject to refund and subject to a later determination of

the appropriate amount of such rate.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 205, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 851; amended Pub. L. 95-617,

title II, Sec. 207(a), 208, Nov. 9, 1978, 92 Stat. 3142.)

-MISC1-

AMENDMENTS

1978 - Subsec. (d). Pub. L. 95-617, Sec. 207(a), substituted

''sixty'' for ''thirty'' in two places.

Subsec. (f). Pub. L. 95-617, Sec. 208, added subsec. (f).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-MISC5-

STUDY OF ELECTRIC RATE INCREASES UNDER FEDERAL POWER ACT

Section 207(b) of Pub. L. 95-617 directed chairman of Federal

Energy Regulatory Commission, in consultation with Secretary, to

conduct a study of legal requirements and administrative procedures

involved in consideration and resolution of proposed wholesale

electric rate increases under Federal Power Act, section 791a et

seq. of this title, for purposes of providing for expeditious

handling of hearings consistent with due process, preventing

imposition of successive rate increases before they have been

determined by Commission to be just and reasonable and otherwise

lawful, and improving procedures designed to prohibit

anticompetitive or unreasonable differences in wholesale and retail

rates, or both, and that chairman report to Congress within nine

months from Nov. 9, 1978, on results of study, on administrative

actions taken as a result of this study, and on any recommendations

for changes in existing law that will aid purposes of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 808, 824e, 824m of this

title; title 15 section 79z-5a; title 42 section 13234.

-CITE-

16 USC Sec. 824e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824e. Power of Commission to fix rates and charges;

determination of cost of production or transmission

-STATUTE-

(a) Unjust or preferential rates, etc.; statement of reasons for

changes; hearing; specification of issues

Whenever the Commission, after a hearing had upon its own motion

or upon complaint, shall find that any rate, charge, or

classification, demanded, observed, charged, or collected by any

public utility for any transmission or sale subject to the

jurisdiction of the Commission, or that any rule, regulation,

practice, or contract affected such rate, charge, or classification

is unjust, unreasonable, unduly discriminatory or preferential, the

Commission shall determine the just and reasonable rate, charge,

classification, rule, regulation, practice, or contract to be

thereafter observed and in force, and shall fix the same by order.

Any complaint or motion of the Commission to initiate a proceeding

under this section shall state the change or changes to be made in

the rate, charge, classification, rule, regulation, practice, or

contract then in force, and the reasons for any proposed change or

changes therein. If, after review of any motion or complaint and

answer, the Commission shall decide to hold a hearing, it shall fix

by order the time and place of such hearing and shall specify the

issues to be adjudicated.

(b) Refund effective date; preferential proceedings; statement of

reasons for delay; burden of proof; scope of refund order;

refund orders in cases of dilatory behavior; interest

Whenever the Commission institutes a proceeding under this

section, the Commission shall establish a refund effective date.

In the case of a proceeding instituted on complaint, the refund

effective date shall not be earlier than the date 60 days after the

filing of such complaint nor later than 5 months after the

expiration of such 60-day period. In the case of a proceeding

instituted by the Commission on its own motion, the refund

effective date shall not be earlier than the date 60 days after the

publication by the Commission of notice of its intention to

initiate such proceeding nor later than 5 months after the

expiration of such 60-day period. Upon institution of a proceeding

under this section, the Commission shall give to the decision of

such proceeding the same preference as provided under section 824d

of this title and otherwise act as speedily as possible. If no

final decision is rendered by the refund effective date or by the

conclusion of the 180-day period commencing upon initiation of a

proceeding pursuant to this section, whichever is earlier, the

Commission shall state the reasons why it has failed to do so and

shall state its best estimate as to when it reasonably expects to

make such decision. In any proceeding under this section, the

burden of proof to show that any rate, charge, classification,

rule, regulation, practice, or contract is unjust, unreasonable,

unduly discriminatory, or preferential shall be upon the Commission

or the complainant. At the conclusion of any proceeding under this

section, the Commission may order the public utility to make

refunds of any amounts paid, for the period subsequent to the

refund effective date through a date fifteen months after such

refund effective date, in excess of those which would have been

paid under the just and reasonable rate, charge, classification,

rule, regulation, practice, or contract which the Commission orders

to be thereafter observed and in force: Provided, That if the

proceeding is not concluded within fifteen months after the refund

effective date and if the Commission determines at the conclusion

of the proceeding that the proceeding was not resolved within the

fifteen-month period primarily because of dilatory behavior by the

public utility, the Commission may order refunds of any or all

amounts paid for the period subsequent to the refund effective date

and prior to the conclusion of the proceeding. The refunds shall

be made, with interest, to those persons who have paid those rates

or charges which are the subject of the proceeding.

(c) Refund considerations; shifting costs; reduction in revenues;

''electric utility companies'' and ''registered holding

company'' defined

Notwithstanding subsection (b) of this section, in a proceeding

commenced under this section involving two or more electric utility

companies of a registered holding company, refunds which might

otherwise be payable under subsection (b) of this section shall not

be ordered to the extent that such refunds would result from any

portion of a Commission order that (1) requires a decrease in

system production or transmission costs to be paid by one or more

of such electric companies; and (2) is based upon a determination

that the amount of such decrease should be paid through an increase

in the costs to be paid by other electric utility companies of such

registered holding company: Provided, That refunds, in whole or in

part, may be ordered by the Commission if it determines that the

registered holding company would not experience any reduction in

revenues which results from an inability of an electric utility

company of the holding company to recover such increase in costs

for the period between the refund effective date and the effective

date of the Commission's order. For purposes of this subsection,

the terms ''electric utility companies'' and ''registered holding

company'' shall have the same meanings as provided in the Public

Utility Holding Company Act of 1935, as amended (15 U.S.C. 79 et

seq.).

(d) Investigation of costs

The Commission upon its own motion, or upon the request of any

State commission whenever it can do so without prejudice to the

efficient and proper conduct of its affairs, may investigate and

determine the cost of the production or transmission of electric

energy by means of facilities under the jurisdiction of the

Commission in cases where the Commission has no authority to

establish a rate governing the sale of such energy.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 206, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 852; amended Pub. L. 100-473,

Sec. 2, Oct. 6, 1988, 102 Stat. 2299.)

-REFTEXT-

REFERENCES IN TEXT

The Public Utility Holding Company Act of 1935, referred to in

subsec. (c), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.

838, as amended, which is classified generally to chapter 2C (Sec.

79 et seq.) of Title 15, Commerce and Trade. The terms ''electric

utility company'' and ''registered holding company'' are defined in

section 79b(a)(3), (12) of Title 15. For complete classification of

this Act to the Code, see section 79 of Title 15 and Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-473, Sec. 2(1), inserted

provisions for a statement of reasons for listed changes, hearings,

and specification of issues.

Subsecs. (b) to (d). Pub. L. 100-473, Sec. 2(2), added subsecs.

(b) and (c) and redesignated former subsec. (b) as (d).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 4 of Pub. L. 100-473 provided that: ''The amendments made

by this Act (amending this section) are not applicable to

complaints filed or motions initiated before the date of enactment

of this Act (Oct. 6, 1988) pursuant to section 206 of the Federal

Power Act (this section): Provided, however, That such complaints

may be withdrawn and refiled without prejudice.''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-MISC5-

LIMITATION ON AUTHORITY PROVIDED

Section 3 of Pub. L. 100-473 provided that: ''Nothing in

subsection (c) of section 206 of the Federal Power Act, as amended

(16 U.S.C. 824e(c)) shall be interpreted to confer upon the Federal

Energy Regulatory Commission any authority not granted to it

elsewhere in such Act (16 U.S.C. 791a et seq.) to issue an order

that (1) requires a decrease in system production or transmission

costs to be paid by one or more electric utility companies of a

registered holding company; and (2) is based upon a determination

that the amount of such decrease should be paid through an increase

in the costs to be paid by other electric utility companies of such

registered holding company. For purposes of this section, the

terms 'electric utility companies' and 'registered holding company'

shall have the same meanings as provided in the Public Utility

Holding Company Act of 1935, as amended (15 U.S.C. 79 et seq.).''

STUDY

Section 5 of Pub. L. 100-473 directed that, no earlier than three

years and no later than four years after Oct. 6, 1988, Federal

Energy Regulatory Commission perform a study of effect of

amendments to this section, analyzing (1) impact, if any, of such

amendments on cost of capital paid by public utilities, (2) any

change in average time taken to resolve proceedings under this

section, and (3) such other matters as Commission may deem

appropriate in public interest, with study to be sent to Committee

on Energy and Natural Resources of Senate and Committee on Energy

and Commerce of House of Representatives.

-CITE-

16 USC Sec. 824f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824f. Ordering furnishing of adequate service

-STATUTE-

Whenever the Commission, upon complaint of a State commission,

after notice to each State commission and public utility affected

and after opportunity for hearing, shall find that any interstate

service of any public utility is inadequate or insufficient, the

Commission shall determine the proper, adequate, or sufficient

service to be furnished, and shall fix the same by its order, rule,

or regulation: Provided, That the Commission shall have no

authority to compel the enlargement of generating facilities for

such purposes, nor to compel the public utility to sell or exchange

energy when to do so would impair its ability to render adequate

service to its customers.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 207, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 853.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 824g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824g. Ascertainment of cost of property and depreciation

-STATUTE-

(a) Investigation of property costs

The Commission may investigate and ascertain the actual

legitimate cost of the property of every public utility, the

depreciation therein, and, when found necessary for rate-making

purposes, other facts which bear on the determination of such cost

or depreciation, and the fair value of such property.

(b) Request for inventory and cost statements

Every public utility upon request shall file with the Commission

on inventory of all or any part of its property and a statement of

the original cost thereof, and shall keep the Commission informed

regarding the cost of all additions, betterments, extensions, and

new construction.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 208, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 853.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 824h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824h. References to State boards by Commission

-STATUTE-

(a) Composition of boards; force and effect of proceedings

The Commission may refer any matter arising in the administration

of this subchapter to a board to be composed of a member or

members, as determined by the Commission, from the State or each of

the States affected or to be affected by such matter. Any such

board shall be vested with the same power and be subject to the

same duties and liabilities as in the case of a member of the

Commission when designated by the Commission to hold any hearings.

The action of such board shall have such force and effect and its

proceedings shall be conducted in such manner as the Commission

shall by regulations prescribe. The board shall be appointed by

the Commission from persons nominated by the State commission of

each State affected or by the Governor of such State if there is no

State commission. Each State affected shall be entitled to the

same number of representatives on the board unless the nominating

power of such State waives such right. The Commission shall have

discretion to reject the nominee from any State, but shall

thereupon invite a new nomination from that State. The members of a

board shall receive such allowances for expenses as the Commission

shall provide. The Commission may, when in its discretion

sufficient reason exists therefor, revoke any reference to such a

board.

(b) Cooperation with State commissions

The Commission may confer with any State commission regarding the

relationship between rate structures, costs, accounts, charges,

practices, classifications, and regulations of public utilities

subject to the jurisdiction of such State commission and of the

Commission; and the Commission is authorized, under such rules and

regulations as it shall prescribe, to hold joint hearings with any

State commission in connection with any matter with respect to

which the Commission is authorized to act. The Commission is

authorized in the administration of this chapter to avail itself of

such cooperation, services, records, and facilities as may be

afforded by any State commission.

(c) Availability of information and reports to State commissions;

Commission experts

The Commission shall make available to the several State

commissions such information and reports as may be of assistance in

State regulation of public utilities. Whenever the Commission can

do so without prejudice to the efficient and proper conduct of its

affairs, it may upon request from a State make available to such

State as witnesses any of its trained rate, valuation, or other

experts, subject to reimbursement to the Commission by such State

of the compensation and traveling expenses of such witnesses. All

sums collected hereunder shall be credited to the appropriation

from which the amounts were expended in carrying out the provisions

of this subsection.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 209, as added Aug. 26, 1935,

ch. 687, title II, Sec. 213, 49 Stat. 853.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to establishment, review, and enforcement of rates and charges for

transmission or sale of electric energy, including determinations

on construction work in progress under this subchapter transferred

to Federal Energy Regulatory Commission by sections 7172(a)(1)(B)

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 839f of this title.

-CITE-

16 USC Sec. 824i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824i. Interconnection authority

-STATUTE-

(a) Powers of Commission; application by State regulatory authority

(1) Upon application of any electric utility, Federal power

marketing agency, geothermal power producer (including a producer

which is not an electric utility), qualifying cogenerator, or

qualifying small power producer, the Commission may issue an order

requiring -

(A) the physical connection of any cogeneration facility, any

small power production facility, or the transmission facilities

of any electric utility, with the facilities of such applicant,

(B) such action as may be necessary to make effective any

physical connection described in subparagraph (A), which physical

connection is ineffective for any reason, such as inadequate

size, poor maintenance, or physical unreliability,

(C) such sale or exchange of electric energy or other

coordination, as may be necessary to carry out the purposes of

any order under subparagraph (A) or (B), or

(D) such increase in transmission capacity as may be necessary

to carry out the purposes of any order under subparagraph (A) or

(B).

(2) Any State regulatory authority may apply to the Commission

for an order for any action referred to in subparagraph (A), (B),

(C), or (D) of paragraph (1). No such order may be issued by the

Commission with respect to a Federal power marketing agency upon

application of a State regulatory authority.

(b) Notice, hearing and determination by Commission

Upon receipt of an application under subsection (a) of this

section, the Commission shall -

(1) issue notice to each affected State regulatory authority,

each affected electric utility, each affected Federal power

marketing agency, each affected owner or operator of a

cogeneration facility or of a small power production facility,

and to the public.

(2) afford an opportunity for an evidentiary hearing, and

(3) make a determination with respect to the matters referred

to in subsection (c) of this section.

(c) Necessary findings

No order may be issued by the Commission under subsection (a) of

this section unless the Commission determines that such order -

(1) is in the public interest,

(2) would -

(A) encourage overall conservation of energy or capital,

(B) optimize the efficiency of use of facilities and

resources, or

(C) improve the reliability of any electric utility system or

Federal power marketing agency to which the order applies, and

(3) meets the requirements of section 824k of this title.

(d) Motion of Commission

The Commission may, on its own motion, after compliance with the

requirements of paragraphs (1) and (2) of subsection (b) of this

section, issue an order requiring any action described in

subsection (a)(1) of this section if the Commission determines that

such order meets the requirements of subsection (c) of this

section. No such order may be issued upon the Commission's own

motion with respect to a Federal power marketing agency.

(e) Definitions

(1) As used in this section, the term ''facilities'' means only

facilities used for the generation or transmission of electric

energy.

(2) With respect to an order issued pursuant to an application of

a qualifying cogenerator or qualifying small power producer under

subsection (a)(1) of this section, the term ''facilities of such

applicant'' means the qualifying cogeneration facilities or

qualifying small power production facilities of the applicant, as

specified in the application. With respect to an order issued

pursuant to an application under subsection (a)(2) of this section,

the term ''facilities of such applicant'' means the qualifying

cogeneration facilities, qualifying small power production

facilities, or the transmission facilities of an electric utility,

as specified in the application. With respect to an order issued

by the Commission on its own motion under subsection (d) of this

section, such term means the qualifying cogeneration facilities,

qualifying small power production facilities, or the transmission

facilities of an electric utility, as specified in the proposed

order.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 210, as added Pub. L.

95-617, title II, Sec. 202, Nov. 9, 1978, 92 Stat. 3135; amended

Pub. L. 96-294, title VI, Sec. 643(a)(2), June 30, 1980, 94 Stat.

770.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a)(1). Pub. L. 96-294 added applicability to

geothermal power producers.

-TRANS-

TRANSFER OF FUNCTIONS

The Federal Power Commission was terminated and its functions,

personnel, property, funds, etc., were transferred to the Secretary

of Energy (except for certain functions which were transferred to

the Federal Energy Regulatory Commission) by sections 7151(b),

7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and

Welfare.

-MISC5-

STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON APPLICATION OF

PROVISIONS RELATING TO COGENERATION, SMALL POWER PRODUCTION, AND

INTERCONNECTION AUTHORITY TO HYDROELECTRIC POWER FACILITIES

For provisions requiring the Federal Energy Regulatory Commission

to conduct a study and report to Congress on whether the benefits

of this section and section 824a-3 of this title should be applied

to hydroelectric power facilities utilizing new dams or diversions,

within the meaning of section 824a-3(k) of this title, see section

8(d) of Pub. L. 99-495, set out as a note under section 824a-3 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824, 824a-3, 824j, 824k

of this title.

-CITE-

16 USC Sec. 824j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824j. Wheeling authority

-STATUTE-

(a) Transmission service by any electric utility; notice, hearing

and findings by Commission

Any electric utility, Federal power marketing agency, or any

other person generating electric energy for sale for resale, may

apply to the Commission for an order under this subsection

requiring a transmitting utility to provide transmission services

(including any enlargement of transmission capacity necessary to

provide such services) to the applicant. Upon receipt of such

application, after public notice and notice to each affected State

regulatory authority, each affected electric utility, and each

affected Federal power marketing agency, and after affording an

opportunity for an evidentiary hearing, the Commission may issue

such order if it finds that such order meets the requirements of

section 824k of this title, and would otherwise be in the public

interest. No order may be issued under this subsection unless the

applicant has made a request for transmission services to the

transmitting utility that would be the subject of such order at

least 60 days prior to its filing of an application for such order.

(b) Reliability of electric service

No order may be issued under this section or section 824i of this

title if, after giving consideration to consistently applied

regional or national reliability standards, guidelines, or

criteria, the Commission finds that such order would unreasonably

impair the continued reliability of electric systems affected by

the order.

(c) Replacement of electric energy

(1) Repealed. Pub. L. 102-486, title VII, Sec. 721(4)(A), Oct.

24, 1992, 106 Stat. 2915.

(2) No order may be issued under subsection (a) or (b) of this

section which requires the transmitting utility subject to the

order to transmit, during any period, an amount of electric energy

which replaces any amount of electric energy -

(A) required to be provided to such applicant pursuant to a

contract during such period, or

(B) currently provided to the applicant by the utility subject

to the order pursuant to a rate schedule on file during such

period with the Commission: Provided, That nothing in this

subparagraph shall prevent an application for an order hereunder

to be filed prior to termination of (FOOTNOTE 1) modification of

an existing rate schedule: Provided, That such order shall not

become effective until termination of such rate schedule or the

modification becomes effective.

(FOOTNOTE 1) So in original. Probably should be ''or''.

(d) Termination or modification of order; notice, hearing and

findings of Commission; contents of order; inclusion in order

of terms and conditions agreed upon by parties

(1) Any transmitting utility ordered under subsection (a) or (b)

of this section to provide transmission services may apply to the

Commission for an order permitting such transmitting utility to

cease providing all, or any portion of, such services. After

public notice, notice to each affected State regulatory authority,

each affected Federal power marketing agency, each affected

transmitting utility, and each affected electric utility, and after

an opportunity for an evidentiary hearing, the Commission shall

issue an order terminating or modifying the order issued under

subsection (a) or (b) of this section, if the electric utility

providing such transmission services has demonstrated, and the

Commission has found, that -

(A) due to changed circumstances, the requirements applicable,

under this section and section 824k of this title, to the

issuance of an order under subsection (a) or (b) of this section

are no longer met, or (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The word ''or'' probably should

not appear.

(B) any transmission capacity of the utility providing

transmission services under such order which was, at the time

such order was issued, in excess of the capacity necessary to

serve its own customers is no longer in excess of the capacity

necessary for such purposes, or

(C) the ordered transmission services require enlargement of

transmission capacity and the transmitting utility subject to the

order has failed, after making a good faith effort, to obtain the

necessary approvals or property rights under applicable Federal,

State, and local laws.

No order shall be issued under this subsection pursuant to a

finding under subparagraph (A) unless the Commission finds that

such order is in the public interest.

(2) Any order issued under this subsection terminating or

modifying an order issued under subsection (a) or (b) of this

section shall -

(A) provide for any appropriate compensation, and

(B) provide the affected electric utilities adequate

opportunity and time to -

(i) make suitable alternative arrangements for any

transmission services terminated or modified, and

(ii) insure that the interests of ratepayers of such

utilities are adequately protected.

(3) No order may be issued under this subsection terminating or

modifying any order issued under subsection (a) or (b) of this

section if the order under subsection (a) or (b) of this section

includes terms and conditions agreed upon by the parties which -

(A) fix a period during which transmission services are to be

provided under the order under subsection (a) or (b) of this

section, or

(B) otherwise provide procedures or methods for terminating or

modifying such order (including, if appropriate, the return of

the transmission capacity when necessary to take into account an

increase, after the issuance of such order, in the needs of the

transmitting utility subject to such order for transmission

capacity).

(e) ''Facilities'' defined

As used in this section, the term ''facilities'' means only

facilities used for the generation or transmission of electric

energy.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 211, as added Pub. L.

95-617, title II, Sec. 203, Nov. 9, 1978, 92 Stat. 3136; amended

Pub. L. 96-294, title VI, Sec. 643(a)(3), June 30, 1980, 94 Stat.

770; Pub. L. 99-495, Sec. 15, Oct. 16, 1986, 100 Stat. 1257; Pub.

L. 102-486, title VII, Sec. 721, Oct. 24, 1992, 106 Stat. 2915.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 721(1), amended first

sentence generally. Prior to amendment, first sentence read as

follows: ''Any electric utility, geothermal power producer

(including a producer which is not an electric utility), or Federal

power marketing agency may apply to the Commission for an order

under this subsection requiring any other electric utility to

provide transmission services to the applicant (including any

enlargement of transmission capacity necessary to provide such

services).''

Pub. L. 102-486, Sec. 721(2), in second sentence, substituted

''the Commission may issue such order if it finds that such order

meets the requirements of section 824k of this title, and would

otherwise be in the public interest. No order may be issued under

this subsection unless the applicant has made a request for

transmission services to the transmitting utility that would be the

subject of such order at least 60 days prior to its filing of an

application for such order.'' for ''the Commission may issue such

order if it finds that such order -

''(1) is in the public interest,

''(2) would -

''(A) conserve a significant amount of energy,

''(B) significantly promote the efficient use of facilities

and resources, or

''(C) improve the reliability of any electric utility system

to which the order applies, and

''(3) meets the requirements of section 824k of this title.''

Subsec. (b). Pub. L. 102-486, Sec. 721(3), amended subsec. (b)

generally, substituting provisions relating to reliability of

electric service for provisions which related to transmission

service by sellers of electric energy for resale and notice,

hearing, and determinations by Commission.

Subsec. (c). Pub. L. 102-486, Sec. 721(4), struck out pars. (1),

(3), and (4), and substituted ''which requires the transmitting''

for ''which requires the electric'' in introductory provisions of

par. (2). Prior to amendment, pars. (1), (3), and (4) read as

follows:

''(1) No order may be issued under subsection (a) of this section

unless the Commission determines that such order would reasonably

preserve existing competitive relationships.

''(3) No order may be issued under the authority of subsection

(a) or (b) of this section which is inconsistent with any State law

which governs the retail marketing areas of electric utilities.

''(4) No order may be issued under subsection (a) or (b) of this

section which provides for the transmission of electric energy

directly to an ultimate consumer.''

Subsec. (d). Pub. L. 102-486, Sec. 721(5), in first sentence

substituted ''transmitting'' for ''electric'' before ''utility'' in

two places, in second sentence inserted ''each affected

transmitting utility,'' before ''and each affected electric

utility'', in par. (1) substituted '', or'' for period at end of

subpar. (B) and added subpar. (C), and in par. (3)(B) substituted

''transmitting'' for ''electric'' before ''utility''.

1986 - Subsec. (c)(2)(B). Pub. L. 99-495 inserted provisions that

nothing in this subparagraph shall prevent an application for an

order hereunder to be filed prior to termination or modification of

an existing rate schedule, provided that such order shall not

become effective until termination of such rate schedule or the

modification becomes effective.

1980 - Subsec. (a). Pub. L. 96-294 added applicability to

geothermal power producers.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-495 effective with respect to each

license, permit, or exemption issued under this chapter after Oct.

16, 1986, see section 18 of Pub. L. 99-495, set out as a note under

section 797 of this title.

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by Pub. L. 102-486 to be construed as

affecting or intending to affect, or in any way to interfere with,

authority of any State or local government relating to

environmental protection or siting of facilities, see section 731

of Pub. L. 102-486, set out as a note under section 79 of Title 15,

Commerce and Trade.

-TRANS-

TRANSFER OF FUNCTIONS

The Federal Power Commission was terminated and its functions,

personnel, property, funds, etc., were transferred to the Secretary

of Energy (except for certain functions which were transferred to

the Federal Energy Regulatory Commission) by sections 7151(b),

7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and

Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824, 824a-3, 824k, 825n,

825o, 825o-1 of this title; title 26 section 142.

-CITE-

16 USC Sec. 824k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824k. Orders requiring interconnection or wheeling

-STATUTE-

(a) Rates, charges, terms, and conditions for wholesale

transmission services

An order under section 824j of this title shall require the

transmitting utility subject to the order to provide wholesale

transmission services at rates, charges, terms, and conditions

which permit the recovery by such utility of all the costs incurred

in connection with the transmission services and necessary

associated services, including, but not limited to, an appropriate

share, if any, of legitimate, verifiable and economic costs,

including taking into account any benefits to the transmission

system of providing the transmission service, and the costs of any

enlargement of transmission facilities. Such rates, charges,

terms, and conditions shall promote the economically efficient

transmission and generation of electricity and shall be just and

reasonable, and not unduly discriminatory or preferential. Rates,

charges, terms, and conditions for transmission services provided

pursuant to an order under section 824j of this title shall ensure

that, to the extent practicable, costs incurred in providing the

wholesale transmission services, and properly allocable to the

provision of such services, are recovered from the applicant for

such order and not from a transmitting utility's existing

wholesale, retail, and transmission customers.

(b) Repealed. Pub. L. 102-486, title VII, Sec. 722(1), Oct. 24,

1992, 106 Stat. 2916

(c) Issuance of proposed order; agreement by parties to terms and

conditions of order; approval by Commission; inclusion in final

order; failure to agree

(1) Before issuing an order under section 824i of this title or

subsection (a) or (b) of section 824j of this title, the Commission

shall issue a proposed order and set a reasonable time for parties

to the proposed interconnection or transmission order to agree to

terms and conditions under which such order is to be carried out,

including the apportionment of costs between them and the

compensation or reimbursement reasonably due to any of them. Such

proposed order shall not be reviewable or enforceable in any

court. The time set for such parties to agree to such terms and

conditions may be shortened if the Commission determines that delay

would jeopardize the attainment of the purposes of any proposed

order. Any terms and conditions agreed to by the parties shall be

subject to the approval of the Commission.

(2)(A) If the parties agree as provided in paragraph (1) within

the time set by the Commission and the Commission approves such

agreement, the terms and conditions shall be included in the final

order. In the case of an order under section 824i of this title,

if the parties fail to agree within the time set by the Commission

or if the Commission does not approve any such agreement, the

Commission shall prescribe such terms and conditions and include

such terms and conditions in the final order.

(B) In the case of any order applied for under section 824j of

this title, if the parties fail to agree within the time set by the

Commission, the Commission shall prescribe such terms and

conditions in the final order.

(d) Statement of reasons for denial

If the Commission does not issue any order applied for under

section 824i or 824j of this title, the Commission shall, by order,

deny such application and state the reasons for such denial.

(e) Savings provisions

(1) No provision of section 824i, 824j, 824m of this title, or

this section shall be treated as requiring any person to utilize

the authority of any such section in lieu of any other authority of

law. Except as provided in section 824i, 824j, 824m of this title,

or this section, such sections shall not be construed as limiting

or impairing any authority of the Commission under any other

provision of law.

(2) Sections 824i, 824j, 824l, 824m of this title, and this

section, shall not be construed to modify, impair, or supersede the

antitrust laws. For purposes of this section, the term ''antitrust

laws'' has the meaning given in subsection (a) of the first

sentence of section 12 of title 15, except that such term includes

section 45 of title 15 to the extent that such section relates to

unfair methods of competition.

(f) Effective date of order; hearing; notice; review

(1) No order under section 824i or 824j of this title requiring

the Tennessee Valley Authority (hereinafter in this subsection

referred to as the ''TVA'') to take any action shall take effect

for 60 days following the date of issuance of the order. Within 60

days following the issuance by the Commission of any order under

section 824i or of section 824j of this title requiring the TVA to

enter into any contract for the sale or delivery of power, the

Commission may on its own motion initiate, or upon petition of any

aggrieved person shall initiate, an evidentiary hearing to

determine whether or not such sale or delivery would result in

violation of the third sentence of section 15d(a) of the Tennessee

Valley Authority Act of 1933 (16 U.S.C. 831n-4), hereinafter in

this subsection referred to as the TVA Act (16 U.S.C. 831 et seq.).

(2) Upon initiation of any evidentiary hearing under paragraph

(1), the Commission shall give notice thereof to any applicant who

applied for and obtained the order from the Commission, to any

electric utility or other entity subject to such order, and to the

public, and shall promptly make the determination referred to in

paragraph (1). Upon initiation of such hearing, the Commission

shall stay the effectiveness of the order under section 824i or

824j of this title until whichever of the following dates is

applicable -

(A) the date on which there is a final determination (including

any judicial review thereof under paragraph (3)) that no such

violation would result from such order, or

(B) the date on which a specific authorization of the Congress

(within the meaning of the third sentence of section 15d(a) of

the TVA Act (16 U.S.C. 831n-4(a))) takes effect.

(3) Any determination under paragraph (1) shall be reviewable

only in the appropriate court of the United States upon petition

filed by any aggrieved person or municipality within 60 days after

such determination, and such court shall have jurisdiction to grant

appropriate relief. Any applicant who applied for and obtained the

order under section 824i or 824j of this title, and any electric

utility or other entity subject to such order shall have the right

to intervene in any such proceeding in such court. Except for

review by such court (and any appeal or other review by an

appellate court of the United States), no court shall have

jurisdiction to consider any action brought by any person to enjoin

the carrying out of any order of the Commission under section 824i

or section 824j of this title requiring the TVA to take any action

on the grounds that such action requires a specific authorization

of the Congress pursuant to the third sentence of section 15d(a) of

the TVA Act (16 U.S.C. 831n-4(a)).

(g) Prohibition on orders inconsistent with retail marketing areas

No order may be issued under this chapter which is inconsistent

with any State law which governs the retail marketing areas of

electric utilities.

(h) Prohibition on mandatory retail wheeling and sham wholesale

transactions

No order issued under this chapter shall be conditioned upon or

require the transmission of electric energy:

(1) directly to an ultimate consumer, or

(2) to, or for the benefit of, an entity if such electric

energy would be sold by such entity directly to an ultimate

consumer, unless:

(A) such entity is a Federal power marketing agency; the

Tennessee Valley Authority; a State or any political

subdivision of a State (or an agency, authority, or

instrumentality of a State or a political subdivision); a

corporation or association that has ever received a loan for

the purposes of providing electric service from the

Administrator of the Rural Electrification Administration under

the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.); a

person having an obligation arising under State or local law

(exclusive of an obligation arising solely from a contract

entered into by such person) to provide electric service to the

public; or any corporation or association which is wholly

owned, directly or indirectly, by any one or more of the

foregoing; and

(B) such entity was providing electric service to such

ultimate consumer on October 24, 1992, or would utilize

transmission or distribution facilities that it owns or

controls to deliver all such electric energy to such electric

consumer.

Nothing in this subsection shall affect any authority of any State

or local government under State law concerning the transmission of

electric energy directly to an ultimate consumer.

(i) Laws applicable to Federal Columbia River Transmission System

(1) The Commission shall have authority pursuant to section 824i

of this title, section 824j of this title, this section, and

section 824l of this title to (A) order the Administrator of the

Bonneville Power Administration to provide transmission service and

(B) establish the terms and conditions of such service. In

applying such sections to the Federal Columbia River Transmission

System, the Commission shall assure that -

(i) the provisions of otherwise applicable Federal laws shall

continue in full force and effect and shall continue to be

applicable to the system; and

(ii) the rates for the transmission of electric power on the

system shall be governed only by such otherwise applicable

provisions of law and not by any provision of section 824i of

this title, section 824j of this title, this section, or section

824l of this title, except that no rate for the transmission of

power on the system shall be unjust, unreasonable, or unduly

discriminatory or preferential, as determined by the Commission.

(2) Notwithstanding any other provision of this chapter with

respect to the procedures for the determination of terms and

conditions for transmission service -

(A) when the Administrator of the Bonneville Power

Administration either (i) in response to a written request for

specific transmission service terms and conditions does not offer

the requested terms and conditions, or (ii) proposes to establish

terms and conditions of general applicability for transmission

service on the Federal Columbia River Transmission System, then

the Administrator may provide opportunity for a hearing and, in

so doing, shall -

(I) give notice in the Federal Register and state in such

notice the written explanation of the reasons why the specific

terms and conditions for transmission services are not being

offered or are being proposed;

(II) adhere to the procedural requirements of paragraphs (1)

through (3) of section 839e(i) of this title, except that the

hearing officer shall, unless the hearing officer becomes

unavailable to the agency, make a recommended decision to the

Administrator that states the hearing officer's findings and

conclusions, and the reasons or basis thereof, on all material

issues of fact, law, or discretion presented on the record; and

(III) make a determination, setting forth the reasons for

reaching any findings and conclusions which may differ from

those of the hearing officer, based on the hearing record,

consideration of the hearing officer's recommended decision,

section 824j of this title and this section, as amended by the

Energy Policy Act of 1992, and the provisions of law as

preserved in this section; and

(B) if application is made to the Commission under section 824j

of this title for transmission service under terms and conditions

different than those offered by the Administrator, or following

the denial of a request for transmission service by the

Administrator, and such application is filed within 60 days of

the Administrator's final determination and in accordance with

Commission procedures, the Commission shall -

(i) in the event the Administrator has conducted a hearing as

herein provided for (I) accord parties to the Administrator's

hearing the opportunity to offer for the Commission record

materials excluded by the Administrator from the hearing

record, (II) accord such parties the opportunity to submit for

the Commission record comments on appropriate terms and

conditions, (III) afford those parties the opportunity for a

hearing if and to the extent that the Commission finds the

Administrator's hearing record to be inadequate to support a

decision by the Commission, and (IV) establish terms and

conditions for or deny transmission service based on the

Administrator's hearing record, the Commission record, section

824j of this title and this section, as amended by the Energy

Policy Act of 1992, and the provisions of law as preserved in

this section, or

(ii) in the event the Administrator has not conducted a

hearing as herein provided for, determine whether to issue an

order for transmission service in accordance with section 824j

of this title and this section, including providing the

opportunity for a hearing.

(3) Notwithstanding those provisions of section 825l(b) of this

title which designate the court in which review may be obtained,

any party to a proceeding concerning transmission service sought to

be furnished by the Administrator of the Bonneville Power

Administration seeking review of an order issued by the Commission

in such proceeding shall obtain a review of such order in the

United States Court of Appeals for the Pacific Northwest, as that

region is defined by section 839a(14) of this title.

(4) To the extent the Administrator of the Bonneville Power

Administration cannot be required under section 824j of this title,

as a result of the Administrator's other statutory mandates, either

to (A) provide transmission service to an applicant which the

Commission would otherwise order, or (B) provide such service under

rates, terms, and conditions which the Commission would otherwise

require, the applicant shall not be required to provide similar

transmission services to the Administrator or to provide such

services under similar rates, terms, and conditions.

(5) The Commission shall not issue any order under section 824i

of this title, section 824j of this title, this section, or section

824l of this title requiring the Administrator of the Bonneville

Power Administration to provide transmission service if such an

order would impair the Administrator's ability to provide such

transmission service to the Administrator's power and transmission

customers in the Pacific Northwest, as that region is defined in

section 839a(14) of this title, as is needed to assure adequate and

reliable service to loads in that region.

(j) Equitability within territory restricted electric systems

With respect to an electric utility which is prohibited by

Federal law from being a source of power supply, either directly or

through a distributor of its electric energy, outside an area set

forth in such law, no order issued under section 824j of this title

may require such electric utility (or a distributor of such

electric utility) to provide transmission services to another

entity if the electric energy to be transmitted will be consumed

within the area set forth in such Federal law, unless the order is

in furtherance of a sale of electric energy to that electric

utility: Provided, however, That the foregoing provision shall not

apply to any area served at retail by an electric transmission

system which was such a distributor on October 24, 1992, and which

before October 1, 1991, gave its notice of termination under its

power supply contract with such electric utility.

(k) ERCOT utilities

(1) Rates

Any order under section 824j of this title requiring provision

of transmission services in whole or in part within ERCOT shall

provide that any ERCOT utility which is not a public utility and

the transmission facilities of which are actually used for such

transmission service is entitled to receive compensation based,

insofar as practicable and consistent with subsection (a) of this

section, on the transmission ratemaking methodology used by the

Public Utility Commission of Texas.

(2) Definitions

For purposes of this subsection -

(A) the term ''ERCOT'' means the Electric Reliability Council

of Texas; and

(B) the term ''ERCOT utility'' means a transmitting utility

which is a member of ERCOT.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 212, as added Pub. L.

95-617, title II, Sec. 204(a), Nov. 9, 1978, 92 Stat. 3138; amended

Pub. L. 102-486, title VII, Sec. 722, Oct. 24, 1992, 106 Stat.

2916.)

-REFTEXT-

REFERENCES IN TEXT

The TVA Act, referred to in subsec. (f)(1), means act May 18,

1933, ch. 32, 48 Stat. 58, as amended, known as the Tennessee

Valley Authority Act of 1933, which is classified generally to

chapter 12A (Sec. 831 et seq.) of this title. For complete

classification of this Act to the Code, see section 831 of this

title and Tables.

The Rural Electrification Act of 1936, referred to in subsec.

(h)(2)(A), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended,

which is classified generally to chapter 31 (Sec. 901 et seq.) of

Title 7, Agriculture. For complete classification of this Act to

the Code, see section 901 of Title 7 and Tables.

The Energy Policy Act of 1992, referred to in subsec.

(i)(2)(A)(III), (B)(i), is Pub. L. 102-486, Oct. 24, 1992, 106

Stat. 2776. For complete classification of this Act to the Code,

see Short Title note set out under section 13201 of Title 42, The

Public Health and Welfare and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 722(1), added subsec.

(a) and struck out former subsec. (a) which related to

determinations by Commission.

Subsec. (b). Pub. L. 102-486, Sec. 722(1), struck out subsec. (b)

which required applicants for orders to be ready, willing, and able

to reimburse parties subject to such orders.

Subsec. (e). Pub. L. 102-486, Sec. 722(2), amended subsec. (e)

generally. Prior to amendment, subsec. (e) related to utilization

of interconnection or wheeling authority in lieu of other authority

and limitation of Commission authority.

Subsecs. (g) to (k). Pub. L. 102-486, Sec. 722(3), added subsecs.

(g) to (k).

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by Pub. L. 102-486 to be construed as

affecting or intending to affect, or in any way to interfere with,

authority of any State or local government relating to

environmental protection or siting of facilities, see section 731

of Pub. L. 102-486, set out as a note under section 79 of Title 15,

Commerce and Trade.

-TRANS-

TRANSFER OF FUNCTIONS

The Federal Power Commission was terminated and its functions,

personnel, property, funds, etc., were transferred to the Secretary

of Energy (except for certain functions which were transferred to

the Federal Energy Regulatory Commission) by sections 7151(b),

7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and

Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824, 824a-3, 824i, 824j,

825n, 825o, 825o-1 of this title.

-CITE-

16 USC Sec. 824l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824l. Information requirements

-STATUTE-

(a) Requests for wholesale transmission services

Whenever any electric utility, Federal power marketing agency, or

any other person generating electric energy for sale for resale

makes a good faith request to a transmitting utility to provide

wholesale transmission services and requests specific rates and

charges, and other terms and conditions, unless the transmitting

utility agrees to provide such services at rates, charges, terms

and conditions acceptable to such person, the transmitting utility

shall, within 60 days of its receipt of the request, or other

mutually agreed upon period, provide such person with a detailed

written explanation, with specific reference to the facts and

circumstances of the request, stating (1) the transmitting

utility's basis for the proposed rates, charges, terms, and

conditions for such services, and (2) its analysis of any physical

or other constraints affecting the provision of such services.

(b) Transmission capacity and constraints

Not later than 1 year after October 24, 1992, the Commission

shall promulgate a rule requiring that information be submitted

annually to the Commission by transmitting utilities which is

adequate to inform potential transmission customers, State

regulatory authorities, and the public of potentially available

transmission capacity and known constraints.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 213, as added Pub. L.

102-486, title VII, Sec. 723, Oct. 24, 1992, 106 Stat. 2919.)

-MISC1-

STATE AUTHORITIES; CONSTRUCTION

Nothing in this section to be construed as affecting or intending

to affect, or in any way to interfere with, authority of any State

or local government relating to environmental protection or siting

of facilities, see section 731 of Pub. L. 102-486, set out as a

note under section 79 of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824k, 825n, 825o, 825o-1

of this title; title 26 section 142.

-CITE-

16 USC Sec. 824m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824m. Sales by exempt wholesale generators

-STATUTE-

No rate or charge received by an exempt wholesale generator for

the sale of electric energy shall be lawful under section 824d of

this title if, after notice and opportunity for hearing, the

Commission finds that such rate or charge results from the receipt

of any undue preference or advantage from an electric utility which

is an associate company or an affiliate of the exempt wholesale

generator. For purposes of this section, the terms ''associate

company'' and ''affiliate'' shall have the same meaning as provided

in section 79b(a) of title 15.

-SOURCE-

(June 10, 1920, ch. 285, pt. II, Sec. 214, as added Pub. L.

102-486, title VII, Sec. 724, Oct. 24, 1992, 106 Stat. 2920.)

-MISC1-

STATE AUTHORITIES; CONSTRUCTION

Nothing in this section to be construed as affecting or intending

to affect, or in any way to interfere with, authority of any State

or local government relating to environmental protection or siting

of facilities, see section 731 of Pub. L. 102-486, set out as a

note under section 79 of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824k, 825n, 285o, 825o-1

of this title.

-CITE-

16 USC Sec. 824n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN

INTERSTATE COMMERCE

-HEAD-

Sec. 824n. Authority relating to formation and operation of

regional transmission organizations

-STATUTE-

Notwithstanding any other law, and without fiscal year

limitation, each Federal Power Marketing Administration is

authorized to engage in activities and solicit, undertake and

review studies and proposals relating to the formation and

operation of a regional transmission organization.

-SOURCE-

(Pub. L. 106-377, Sec. 1(a)(2) (title III, Sec. 311), Oct. 27,

2000, 114 Stat. 1441, 1441A-80.)

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 2001, and not as part of the Federal Power Act

which generally comprises this chapter.

-CITE-

16 USC SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES;

PROCEDURAL AND ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

.

-HEAD-

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 824 of this title;

title 43 section 1761.

-CITE-

16 USC Sec. 825 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825. Accounts and records

-STATUTE-

(a) Duty to keep

Every licensee and public utility shall make, keep, and preserve

for such periods, such accounts, records of cost-accounting

procedures, correspondence, memoranda, papers, books, and other

records as the Commission may by rules and regulations prescribe as

necessary or appropriate for purposes of the administration of this

chapter, including accounts, records, and memoranda of the

generation, transmission, distribution, delivery, or sale of

electric energy, the furnishing of services or facilities in

connection therewith, and receipts and expenditures with respect to

any of the foregoing: Provided, however, That nothing in this

chapter shall relieve any public utility from keeping any accounts,

memoranda, or records which such public utility may be required to

keep by or under authority of the laws of any State. The Commission

may prescribe a system of accounts to be kept by licensees and

public utilities and may classify such licensees and public

utilities and prescribe a system of accounts for each class. The

Commission, after notice and opportunity for hearing, may determine

by order the accounts in which particular outlays and receipts

shall be entered, charged, or credited. The burden of proof to

justify every accounting entry questioned by the Commission shall

be on the person making, authorizing, or requiring such entry, and

the Commission may suspend a charge or credit pending submission of

satisfactory proof in support thereof.

(b) Access to and examination by the Commission

The Commission shall at all times have access to and the right to

inspect and examine all accounts, records, and memoranda of

licensees and public utilities, and it shall be the duty of such

licensees and public utilities to furnish to the Commission, within

such reasonable time as the Commission may order, any information

with respect thereto which the Commission may by order require,

including copies of maps, contracts, reports of engineers, and

other data, records, and papers, and to grant to all agents of the

Commission free access to its property and its accounts, records,

and memoranda when requested so to do. No member, officer, or

employee of the Commission shall divulge any fact or information

which may come to his knowledge during the course of examination of

books or other accounts, as hereinbefore provided, except insofar

as he may be directed by the Commission or by a court.

(c) Controlling individual

The books, accounts, memoranda, and records of any person who

controls, directly or indirectly, a licensee or public utility

subject to the jurisdiction of the Commission, and of any other

company controlled by such person, insofar as they relate to

transactions with or the business of such licensee or public

utility, shall be subject to examination on the order of the

Commission.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 301, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 854.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions which were transferred to Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 825b, 828b of this title;

title 42 section 7172.

-CITE-

16 USC Sec. 825a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825a. Rates of depreciation; notice to State authorities

before fixing

-STATUTE-

(a) The Commission may, after hearing, require licensees and

public utilities to carry a proper and adequate depreciation

account in accordance with such rules, regulations, and forms of

account as the Commission may prescribe. The Commission may, from

time to time, ascertain and determine, and by order fix, the proper

and adequate rates of depreciation of the several classes of

property of each licensee and public utility. Each licensee and

public utility shall conform its depreciation accounts to the rates

so ascertained, determined, and fixed. The licensees and public

utilities subject to the jurisdiction of the Commission shall not

charge to operating expenses any depreciation charges on classes of

property other than those prescribed by the Commission, or charge

with respect to any class of property a percentage of depreciation

other than that prescribed therefor by the Commission. No such

licensee or public utility shall in any case include in any form

under its operating or other expenses any depreciation or other

charge or expenditure included elsewhere as a depreciation charge

or otherwise under its operating or other expenses. Nothing in

this section shall limit the power of a State commission to

determine in the exercise of its jurisdiction, with respect to any

public utility, the percentage rate of depreciation to be allowed,

as to any class of property of such public utility, or the

composite depreciation rate, for the purpose of determining rates

or charges.

(b) The Commission, before prescribing any rules or requirements

as to accounts, records, or memoranda, or as to depreciation rates,

shall notify each State commission having jurisdiction with respect

to any public utility involved, and shall give reasonable

opportunity to each such commission to present its views, and shall

receive and consider such views and recommendations.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 302, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 855.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions which were transferred to Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 825b, 828b of this title;

title 42 section 7172.

-CITE-

16 USC Sec. 825b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825b. Requirements applicable to agencies of United States

-STATUTE-

All agencies of the United States engaged in the generation and

sale of electric energy for ultimate distribution to the public

shall be subject, as to all facilities used for such generation and

sale, and as to the electric energy sold by such agency, to the

provisions of sections 825 and 825a of this title, so far as may be

practicable, and shall comply with the provisions of such sections

and with the rules and regulations of the Commission thereunder to

the same extent as may be required in the case of a public utility.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 303, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 855.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 825c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825c. Periodic and special reports; obstructing filing reports

or keeping accounts, etc.

-STATUTE-

(a) Every licensee and every public utility shall file with the

Commission such annual and other periodic or special reports as the

Commission may by rules and regulations or order prescribe as

necessary or appropriate to assist the Commission in the proper

administration of this chapter. The Commission may prescribe the

manner and form in which such reports shall be made, and require

from such persons specific answers to all questions upon which the

Commission may need information. The Commission may require that

such reports shall include, among other things, full information as

to assets and liabilities, capitalization, net investment, and

reduction thereof, gross receipts, interest due and paid,

depreciation, and other reserves, cost of project and other

facilities, cost of maintenance and operation of the project and

other facilities, cost of renewals and replacement of the project

works and other facilities, depreciation, generation, transmission,

distribution, delivery, use, and sale of electric energy. The

Commission may require any such person to make adequate provision

for currently determining such costs and other facts. Such reports

shall be made under oath unless the Commission otherwise specifies.

(b) It shall be unlawful for any person willfully to hinder,

delay, or obstruct the making, filing, or keeping of any

information, document, report, memorandum, record, or account

required to be made, filed, or kept under this chapter or any rule,

regulation, or order thereunder.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 304, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 855.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions which were transferred to Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7177.

-CITE-

16 USC Sec. 825d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825d. Officials dealing in securities

-STATUTE-

(a) Benefits; making or declaring dividends out of capital account

It shall be unlawful for any officer or director of any public

utility to receive for his own benefit, directly or indirectly, any

money or thing of value in respect of the negotiation,

hypothecation, or sale by such public utility of any security

issued or to be issued by such public utility, or to share in any

of the proceeds thereof, or to participate in the making or paying

of any dividends of such public utility from any funds properly

included in capital account.

(b) Interlocking directorates

(1) In general

After 6 months from August 26, 1935, it shall be unlawful for

any person to hold the position of officer or director of more

than one public utility or to hold the position of officer or

director of a public utility and the position of officer or

director of any bank, trust company, banking association, or firm

that is authorized by law to underwrite or participate in the

marketing of securities of a public utility, or officer or

director of any company supplying electrical equipment to such

public utility, unless the holding of such positions shall have

been authorized by order of the Commission, upon due showing in

form and manner prescribed by the Commission, that neither public

nor private interests will be adversely affected thereby. The

Commission shall not grant any such authorization in respect of

such positions held on August 26, 1935, unless application for

such authorization is filed with the Commission within sixty days

after that date.

(2) Applicability

(A) In general

In the circumstances described in subparagraph (B), paragraph

(1) shall not apply to a person that holds or proposes to hold

the positions of -

(i) officer or director of a public utility; and

(ii) officer or director of a bank, trust company, banking

association, or firm authorized by law to underwrite or

participate in the marketing of securities of a public

utility.

(B) Circumstances

The circumstances described in this subparagraph are that -

(i) a person described in subparagraph (A) does not

participate in any deliberations or decisions of the public

utility regarding the selection of a bank, trust company,

banking association, or firm to underwrite or participate in

the marketing of securities of the public utility, if the

person serves as an officer or director of a bank, trust

company, banking association, or firm that is under

consideration in the deliberation process;

(ii) the bank, trust company, banking association, or firm

of which the person is an officer or director does not engage

in the underwriting of, or participate in the marketing of,

securities of the public utility of which the person holds

the position of officer or director;

(iii) the public utility for which the person serves or

proposes to serve as an officer or director selects

underwriters by competitive procedures; or

(iv) the issuance of securities of the public utility for

which the person serves or proposes to serve as an officer or

director has been approved by all Federal and State

regulatory agencies having jurisdiction over the issuance.

(c) Statement of prior positions; definitions

(1) On or before April 30 of each year, any person, who, during

the calendar year preceding the filing date under this subsection,

was an officer or director of a public utility and who held, during

such calendar year, the position of officer, director, partner,

appointee, or representative of any other entity listed in

paragraph (2) shall file with the Commission, in such form and

manner as the Commission shall by rule prescribe, a written

statement concerning such positions held by such person. Such

statement shall be available to the public.

(2) The entities listed for purposes of paragraph (1) are as

follows -

(A) any investment bank, bank holding company, foreign bank or

subsidiary thereof doing business in the United States, insurance

company, or any other organization primarily engaged in the

business of providing financial services or credit, a mutual

savings bank, or a savings and loan association;

(B) any company, firm, or organization which is authorized by

law to underwrite or participate in the marketing of securities

of a public utility;

(C) any company, firm, or organization which produces or

supplies electrical equipment or coal, natural gas, oil, nuclear

fuel, or other fuel, for the use of any public utility;

(D) any company, firm, or organization which during any one of

the 3 calendar years immediately preceding the filing date was

one of the 20 purchasers of electric energy which purchased (for

purposes other than for resale) one of the 20 largest annual

amounts of electric energy sold by such public utility (or by any

public utility which is part of the same holding company system)

during any one of such three calendar years;

(E) any entity referred to in subsection (b) of this section;

and

(F) any company, firm, or organization which is controlled by

any company, firm, or organization referred to in this paragraph.

On or before January 31 of each calendar year, each public utility

shall publish a list, pursuant to rules prescribed by the

Commission, of the purchasers to which subparagraph (D) applies,

for purposes of any filing under paragraph (1) of such calendar

year.

(3) For purposes of this subsection -

(A) The term ''public utility'' includes any company which is a

part of a holding company system which includes a registered

holding company, unless no company in such system is an electric

utility.

(B) The terms ''holding company'', ''registered holding

company'', and ''holding company system'' have the same meaning

as when used in the Public Utility Holding Company Act of 1935

(15 U.S.C. 79 et seq.).

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 305, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 856; amended Pub. L.

95-617, title II, Sec. 211(a), Nov. 9, 1978, 92 Stat. 3147; Pub. L.

106-102, title VII, Sec. 737, Nov. 12, 1999, 113 Stat. 1479.)

-REFTEXT-

REFERENCES IN TEXT

The Public Utility Holding Company Act of 1935, referred to in

subsec. (c)(3)(B), is act Aug. 26, 1935, ch. 687, title I, 49 Stat.

838, as amended, which is classified generally to chapter 2C (Sec.

79 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see section 79 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-102 inserted subsec. heading,

designated existing provisions as par. (1), inserted heading, and

substituted ''After 6'' for ''After six'', and added par. (2).

1978 - Subsec. (c). Pub. L. 95-617 added subsec. (c).

EFFECTIVE DATE OF 1978 AMENDMENT

Section 211(b) of Pub. L. 95-617 provided that: ''No person shall

be required to file a statement under section 305(c)(1) of the

Federal Power Act (subsec. (c)(1) of this section) before April 30

of the second calendar year which begins after the date of the

enactment of this Act (Nov. 9, 1978) and no public utility shall be

required to publish a list under section 305(c)(2) of such Act

(subsec. (c)(2) of this section) before January 31 of such second

calendar year.''

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions with regard

to regulation of mergers and securities acquisitions under this

chapter transferred to Federal Energy Regulatory Commission by

sections 7172(a)(1)(F) and 7293 of Title 42, The Public Health and

Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 825e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825e. Complaints

-STATUTE-

Any person, State, municipality, or State commission complaining

of anything done or omitted to be done by any licensee or public

utility in contravention of the provisions of this chapter may

apply to the Commission by petition which shall briefly state the

facts, whereupon a statement of the complaint thus made shall be

forwarded by the Commission to such licensee or public utility, who

shall be called upon to satisfy the complaint or to answer the same

in writing within a reasonable time to be specified by the

Commission. If such licensee or public utility shall not satisfy

the complaint within the time specified or there shall appear to be

any reasonable ground for investigating such complaint, it shall be

the duty of the Commission to investigate the matters complained of

in such manner and by such means as it shall find proper.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 306, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 856.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

16 USC Sec. 825f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825f. Investigations by Commission

-STATUTE-

(a) Scope

The Commission may investigate any facts, conditions, practices,

or matters which it may find necessary or proper in order to

determine whether any person has violated or is about to violate

any provision of this chapter or any rule, regulation, or order

thereunder, or to aid in the enforcement of the provisions of this

chapter or in prescribing rules or regulations thereunder, or in

obtaining information to serve as a basis for recommending further

legislation concerning the matters to which this chapter relates.

The Commission may permit any person to file with it a statement in

writing under oath or otherwise, as it shall determine, as to any

or all facts and circumstances concerning a matter which may be the

subject of investigation. The Commission, in its discretion, may

publish or make available to State commissions information

concerning any such subject.

(b) Attendance of witnesses and production of documents

For the purpose of any investigation or any other proceeding

under this chapter, any member of the Commission, or any officer

designated by it, is empowered to administer oaths and

affirmations, subpena witnesses, compel their attendance, take

evidence, and require the production of any books, papers,

correspondence, memoranda, contracts, agreements, or other records

which the Commission finds relevant or material to the inquiry.

Such attendance of witnesses and the production of any such records

may be required from any place in the United States at any

designated place of hearing. Witnesses summoned by the Commission

to appear before it shall be paid the same fees and mileage that

are paid witnesses in the courts of the United States.

(c) Resort to courts of United States for failure to obey subpena;

punishment

In case of contumacy by, or refusal to obey a subpena issued to,

any person, the Commission may invoke the aid of any court of the

United States within the jurisdiction of which such investigation

or proceeding is carried on, or where such person resides or

carries on business, in requiring the attendance and testimony of

witnesses and the production of books, papers, correspondence,

memoranda, contracts, agreements, and other records. Such court

may issue an order requiring such person to appear before the

Commission or member or officer designated by the Commission, there

to produce records, if so ordered, or to give testimony touching

the matter under investigation or in question; and any failure to

obey such order of the court may be punished by such court as a

contempt thereof. All process in any such case may be served in

the judicial district whereof such person is an inhabitant or

wherever he may be found or may be doing business. Any person who

willfully shall fail or refuse to attend and testify or to answer

any lawful inquiry or to produce books, papers, correspondence,

memoranda, contracts, agreements, or other records, if in his or

its power so to do, in obedience to the subpena of the Commission,

shall be guilty of a misdemeanor and, upon conviction, shall be

subject to a fine of not more than $1,000 or to imprisonment for a

term of not more than one year, or both.

(d) Testimony by deposition

The testimony of any witness may be taken, at the instance of a

party, in any proceeding or investigation pending before the

Commission, by deposition, at any time after the proceeding is at

issue. The Commission may also order testimony to be taken by

deposition in any proceeding or investigation pending before it, at

any stage of such proceeding or investigation. Such depositions

may be taken before any person authorized to administer oaths not

being of counsel or attorney to either of the parties, nor

interested in the proceeding or investigation. Reasonable notice

must first be given in writing by the party or his attorney

proposing to take such deposition to the opposite party or his

attorney of record, as either may be nearest, which notice shall

state the name of the witness and the time and place of the taking

of his deposition. Any person may be compelled to appear and

depose, and to produce documentary evidence, in the same manner as

witnesses may be compelled to appear and testify and produce

documentary evidence before the Commission, as hereinbefore

provided. Such testimony shall be reduced to writing by the person

taking the deposition, or under his direction, and shall, after it

has been reduced to writing, be subscribed by the deponent.

(e) Deposition of witness in a foreign country

If a witness whose testimony may be desired to be taken by

deposition be in a foreign country, the deposition may be taken

before an officer or person designated by the Commission, or agreed

upon by the parties by stipulation in writing to be filed with the

Commission. All depositions must be promptly filed with the

Commission.

(f) Deposition fees

Witnesses whose depositions are taken as authorized in this

chapter, and the person or officer taking the same, shall be

entitled to the same fees as are paid for like services in the

courts of the United States.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 307, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 856; amended Pub. L.

91-452, title II, Sec. 221, Oct. 15, 1970, 84 Stat. 929.)

-MISC1-

AMENDMENTS

1970 - Subsec. (g). Pub. L. 91-452 struck out subsec. (g) which

related to the immunity from prosecution of any individual

compelled to testify or produce evidence, documentary or otherwise,

after claiming his privilege against self-incrimination.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on 60th day following Oct.

15, 1970, and not to affect any immunity to which any individual is

entitled under this section by reason of any testimony given before

60th day following Oct. 15, 1970, see section 260 of Pub. L.

91-452, set out as an Effective Date; Savings Provision note under

section 6001 of Title 18, Crimes and Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

16 USC Sec. 825g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825g. Hearings; rules of procedure

-STATUTE-

(a) Hearings under this chapter may be held before the

Commission, any member or members thereof or any representative of

the Commission designated by it, and appropriate records thereof

shall be kept. In any proceeding before it, the Commission, in

accordance with such rules and regulations as it may prescribe, may

admit as a party any interested State, State commission,

municipality, or any representative of interested consumers or

security holders, or any competitor of a party to such proceeding,

or any other person whose participation in the proceeding may be in

the public interest.

(b) All hearings, investigations, and proceedings under this

chapter shall be governed by rules of practice and procedure to be

adopted by the Commission, and in the conduct thereof the technical

rules of evidence need not be applied. No informality in any

hearing, investigation, or proceeding or in the manner of taking

testimony shall invalidate any order, decision, rule, or regulation

issued under the authority of this chapter.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 308, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 858.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

16 USC Sec. 825h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825h. Administrative powers of Commission; rules, regulations,

and orders

-STATUTE-

The Commission shall have power to perform any and all acts, and

to prescribe, issue, make, amend, and rescind such orders, rules,

and regulations as it may find necessary or appropriate to carry

out the provisions of this chapter. Among other things, such rules

and regulations may define accounting, technical, and trade terms

used in this chapter; and may prescribe the form or forms of all

statements, declarations, applications, and reports to be filed

with the Commission, the information which they shall contain, and

the time within which they shall be filed. Unless a different date

is specified therein, rules and regulations of the Commission shall

be effective thirty days after publication in the manner which the

Commission shall prescribe. Orders of the Commission shall be

effective on the date and in the manner which the Commission shall

prescribe. For the purposes of its rules and regulations, the

Commission may classify persons and matters within its jurisdiction

and prescribe different requirements for different classes of

persons or matters. All rules and regulations of the Commission

shall be filed with its secretary and shall be kept open in

convenient form for public inspection and examination during

reasonable business hours.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 309, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 858.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-MISC5-

COMMISSION REVIEW

Pub. L. 99-495, Sec. 4(c), Oct. 16, 1986, 100 Stat. 1248,

provided that: ''In order to ensure that the provisions of Part I

of the Federal Power Act (16 U.S.C. 791a et seq.), as amended by

this Act, are fully, fairly, and efficiently implemented, that

other governmental agencies identified in such Part I are able to

carry out their responsibilities, and that the increased workload

of the Federal Energy Regulatory Commission and other agencies is

facilitated, the Commission shall, consistent with the provisions

of section 309 of the Federal Power Act (16 U.S.C. 825h), review

all provisions of that Act (16 U.S.C. 791a et seq.) requiring an

action within a 30-day period and, as the Commission deems

appropriate, amend its regulations to interpret such period as

meaning 'working days', rather than 'calendar days' unless calendar

days is specified in such Act for such action.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

16 USC Sec. 825i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825i. Appointment of officers and employees; compensation

-STATUTE-

The Commission is authorized to appoint and fix the compensation

of such officers, attorneys, examiners, and experts as may be

necessary for carrying out its functions under this chapter; and

the Commission may, subject to civil-service laws, appoint such

other officers and employees as are necessary for carrying out such

functions and fix their salaries in accordance with chapter 51 and

subchapter III of chapter 53 of title 5.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 310, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 859; amended Oct. 28,

1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

Provisions that authorized the Commission to appoint and fix the

compensation of such officers, attorneys, examiners, and experts as

may be necessary for carrying out its functions under this chapter

''without regard to the provisions of other laws applicable to the

employment and compensation of officers and employees of the United

States'' have been omitted as obsolete and superseded.

Such appointments are subject to the civil service laws unless

specifically excepted by those laws or by laws enacted subsequent

to Executive Order No. 8743, Apr. 23, 1941, issued by the President

pursuant to the Act of Nov. 26, 1940, ch. 919, title I, Sec. 1, 54

Stat. 1211, which covered most excepted positions into the

classified (competitive) civil service. The Order is set out as a

note under section 3301 of Title 5, Government Organization and

Employees.

As to the compensation of such personnel, sections 1202 and 1204

of the Classification Act of 1949, 63 Stat. 972, 973, repealed the

Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5. Section 5102 of Title 5 contains the applicability

provisions of the 1949 Act, and section 5103 of Title 5 authorizes

the Office of Personnel Management to determine the applicability

to specific positions and employees.

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in text for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC3-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

1949'' for ''Classification Act of 1923''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 825j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825j. Investigations relating to electric energy; reports to

Congress

-STATUTE-

In order to secure information necessary or appropriate as a

basis for recommending legislation, the Commission is authorized

and directed to conduct investigations regarding the generation,

transmission, distribution, and sale of electric energy, however

produced, throughout the United States and its possessions, whether

or not otherwise subject to the jurisdiction of the Commission,

including the generation, transmission, distribution, and sale of

electric energy by any agency, authority, or instrumentality of the

United States, or of any State or municipality or other political

subdivision of a State. It shall, so far as practicable, secure and

keep current information regarding the ownership, operation,

management, and control of all facilities for such generation,

transmission, distribution, and sale; the capacity and output

thereof and the relationship between the two; the cost of

generation, transmission, and distribution; the rates, charges, and

contracts in respect of the sale of electric energy and its service

to residential, rural, commercial, and industrial consumers and

other purchasers by private and public agencies; and the relation

of any or all such facts to the development of navigation,

industry, commerce, and the national defense. The Commission shall

report to Congress the results of investigations made under

authority of this section.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 311, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 859.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7177.

-CITE-

16 USC Sec. 825k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825k. Publication and sale of reports

-STATUTE-

The Commission may provide for the publication of its reports and

decisions in such form and manner as may be best adapted for public

information and use, and is authorized to sell at reasonable prices

copies of all maps, atlases, and reports as it may from time to

time publish. Such reasonable prices may include the cost of

compilation, composition, and reproduction. The Commission is also

authorized to make such charges as it deems reasonable for special

statistical services and other special or periodic services. The

amounts collected under this section shall be deposited in the

Treasury to the credit of miscellaneous receipts. All printing for

the Federal Power Commission making use of engraving, lithography,

and photolithography, together with the plates for the same, shall

be contracted for and performed under the direction of the

Commission, under such limitations and conditions as the Joint

Committee on Printing may from time to time prescribe, and all

other printing for the Commission shall be done by the Public

Printer under such limitations and conditions as the Joint

Committee on Printing may from time to time prescribe. The entire

work may be done at, or ordered through, the Government Printing

Office whenever, in the judgment of the Joint Committee on

Printing, the same would be to the interest of the Government:

Provided, That when the exigencies of the public service so

require, the Joint Committee on Printing may authorize the

Commission to make immediate contracts for engraving,

lithographing, and photolithographing, without advertisement for

proposals: Provided further, That nothing contained in this chapter

or any other Act shall prevent the Federal Power Commission from

placing orders with other departments or establishments for

engraving, lithographing, and photolithographing, in accordance

with the provisions of sections 1535 and 1536 of title 31,

providing for interdepartmental work.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 312, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 859.)

-COD-

CODIFICATION

''Sections 1535 and 1536 of title 31'' substituted in text for

''sections 601 and 602 of the Act of June 30, 1932 (47 Stat. 417

(31 U.S.C. 686, 686b))'' on authority of Pub. L. 97-258, Sec. 4(b),

Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 717m; title 39

section 3204; title 42 section 7172.

-CITE-

16 USC Sec. 825l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825l. Review of orders

-STATUTE-

(a) Application for rehearing; time periods; modification of order

Any person, State, municipality, or State commission aggrieved by

an order issued by the Commission in a proceeding under this

chapter to which such person, State, municipality, or State

commission is a party may apply for a rehearing within thirty days

after the issuance of such order. The application for rehearing

shall set forth specifically the ground or grounds upon which such

application is based. Upon such application the Commission shall

have power to grant or deny rehearing or to abrogate or modify its

order without further hearing. Unless the Commission acts upon the

application for rehearing within thirty days after it is filed,

such application may be deemed to have been denied. No proceeding

to review any order of the Commission shall be brought by any

person unless such person shall have made application to the

Commission for a rehearing thereon. Until the record in a

proceeding shall have been filed in a court of appeals, as provided

in subsection (b) of this section, the Commission may at any time,

upon reasonable notice and in such manner as it shall deem proper,

modify or set aside, in whole or in part, any finding or order made

or issued by it under the provisions of this chapter.

(b) Judicial review

Any party to a proceeding under this chapter aggrieved by an

order issued by the Commission in such proceeding may obtain a

review of such order in the United States court of appeals for any

circuit wherein the licensee or public utility to which the order

relates is located or has its principal place of business, or in

the United States Court of Appeals for the District of Columbia, by

filing in such court, within sixty days after the order of the

Commission upon the application for rehearing, a written petition

praying that the order of the Commission be modified or set aside

in whole or in part. A copy of such petition shall forthwith be

transmitted by the clerk of the court to any member of the

Commission and thereupon the Commission shall file with the court

the record upon which the order complained of was entered, as

provided in section 2112 of title 28. Upon the filing of such

petition such court shall have jurisdiction, which upon the filing

of the record with it shall be exclusive, to affirm, modify, or set

aside such order in whole or in part. No objection to the order of

the Commission shall be considered by the court unless such

objection shall have been urged before the Commission in the

application for rehearing unless there is reasonable ground for

failure so to do. The finding of the Commission as to the facts,

if supported by substantial evidence, shall be conclusive. If any

party shall apply to the court for leave to adduce additional

evidence, and shall show to the satisfaction of the court that such

additional evidence is material and that there were reasonable

grounds for failure to adduce such evidence in the proceedings

before the Commission, the court may order such additional evidence

to be taken before the Commission and to be adduced upon the

hearing in such manner and upon such terms and conditions as to the

court may seem proper. The Commission may modify its findings as

to the facts by reason of the additional evidence so taken, and it

shall file with the court such modified or new findings which, if

supported by substantial evidence, shall be conclusive, and its

recommendation, if any, for the modification or setting aside of

the original order. The judgment and decree of the court,

affirming, modifying, or setting aside, in whole or in part, any

such order of the Commission, shall be final, subject to review by

the Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

(c) Stay of Commission's order

The filing of an application for rehearing under subsection (a)

of this section shall not, unless specifically ordered by the

Commission, operate as a stay of the Commission's order. The

commencement of proceedings under subsection (b) of this section

shall not, unless specifically ordered by the court, operate as a

stay of the Commission's order.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 313, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 860; amended June 25,

1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 16, Aug. 28, 1958, 72

Stat. 947.)

-COD-

CODIFICATION

In subsec. (b), ''section 1254 of title 28'' substituted for

''sections 239 and 240 of the Judicial Code, as amended (U.S.C.,

title 28, secs. 346 and 347)'' on authority of act June 25, 1948,

ch. 646, 62 Stat. 869, the first section of which enacted Title 28,

Judiciary and Judicial Procedure.

-MISC3-

AMENDMENTS

1958 - Subsec. (a). Pub. L. 85-791, Sec. 16(a), inserted sentence

to provide that Commission may modify or set aside findings or

orders until record has been filed in court of appeals.

Subsec. (b). Pub. L. 85-791, Sec. 16(b), in second sentence,

substituted ''transmitted by the clerk of the court to'' for

''served upon'', substituted ''file with the court'' for ''certify

and file with the court a transcript of'', and inserted ''as

provided in section 2112 of title 28'', and in third sentence,

substituted ''jurisdiction, which upon the filing of the record

with it shall be exclusive'' for ''exclusive jurisdiction''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,

1949, substituted ''court of appeals'' for ''circuit court of

appeals''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 824k of this title; title

33 section 988; title 42 section 7172.

-CITE-

16 USC Sec. 825m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825m. Enforcement provisions

-STATUTE-

(a) Enjoining and restraining violations

Whenever it shall appear to the Commission that any person is

engaged or about to engage in any acts or practices which

constitute or will constitute a violation of the provisions of this

chapter, or of any rule, regulation, or order thereunder, it may in

its discretion bring an action in the proper District Court of the

United States or the United States courts of any Territory or other

place subject to the jurisdiction of the United States, to enjoin

such acts or practices and to enforce compliance with this chapter

or any rule, regulation, or order thereunder, and upon a proper

showing a permanent or temporary injunction or decree or

restraining order shall be granted without bond. The Commission

may transmit such evidence as may be available concerning such acts

or practices to the Attorney General, who, in his discretion, may

institute the necessary criminal proceedings under this chapter.

(b) Writs of mandamus

Upon application of the Commission the district courts of the

United States and the United States courts of any Territory or

other place subject to the jurisdiction of the United States shall

have jurisdiction to issue writs of mandamus commanding any person

to comply with the provisions of this chapter or any rule,

regulation, or order of the Commission thereunder.

(c) Employment of attorneys

The Commission may employ such attorneys as it finds necessary

for proper legal aid and service of the Commission or its members

in the conduct of their work, or for proper representation of the

public interests in investigations made by it or cases or

proceedings pending before it, whether at the Commission's own

instance or upon complaint, or to appear for or represent the

Commission in any case in court; and the expenses of such

employment shall be paid out of the appropriation for the

Commission.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 314, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 861; amended June 25,

1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b),

62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-

CODIFICATION

As originally enacted subsecs. (a) and (b) contained references

to the Supreme Court of the District of Columbia. Act June 25,

1936, substituted ''the district court of the United States for the

District of Columbia'' for ''the Supreme Court of the District of

Columbia'', and act June 25, 1948, as amended by act May 24, 1949,

substituted ''United States District Court for the District of

Columbia'' for ''district court of the United States for the

District of Columbia''. However, the words ''United States District

Court for the District of Columbia'' have been deleted entirely as

superfluous in view of section 132(a) of Title 28, Judiciary and

Judicial Procedure, which states that ''There shall be in each

judicial district a district court which shall be a court of record

known as the United States District Court for the district'', and

section 88 of Title 28 which states that ''the District of Columbia

constitutes one judicial district''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

16 USC Sec. 825n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825n. Forfeiture for violations; recovery; applicability

-STATUTE-

(a) Forfeiture

Any licensee or public utility which willfully fails, within the

time prescribed by the Commission, to comply with any order of the

Commission, to file any report required under this chapter or any

rule or regulation of the Commission thereunder, to submit any

information or document required by the Commission in the course of

an investigation conducted under this chapter, or to appear by an

officer or agent at any hearing or investigation in response to a

subpena issued under this chapter, shall forfeit to the United

States an amount not exceeding $1,000 to be fixed by the Commission

after notice and opportunity for hearing. The imposition or

payment of any such forfeiture shall not bar or affect any penalty

prescribed in this chapter but such forfeiture shall be in addition

to any such penalty.

(b) Recovery

The forfeitures provided for in this chapter shall be payable

into the Treasury of the United States and shall be recoverable in

a civil suit in the name of the United States, brought in the

district where the person is an inhabitant or has his principal

place of business, or if a licensee or public utility, in any

district in which such licensee or public utility transacts

business. It shall be the duty of the various United States

attorneys, under the direction of the Attorney General of the

United States, to prosecute for the recovery of forfeitures under

this chapter. The costs and expenses of such prosecution shall be

paid from the appropriations for the expenses of the courts of the

United States.

(c) Applicability

This subsection (FOOTNOTE 1) shall not apply in the case of any

provision of section 824j, 824k, 824l, or 824m of this title or any

rule or order issued under any such provision.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 315, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 861; amended June 25,

1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 102-486, title VII,

Sec. 725(a), Oct. 24, 1992, 106 Stat. 2920.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-486 added subsec. (c).

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorney'' for ''district attorney''. See section 541 of

Title 28, Judiciary and Judicial Procedure.

-MISC4-

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by Pub. L. 102-486 to be construed as

affecting or intending to affect, or in any way to interfere with,

authority of any State or local government relating to

environmental protection or siting of facilities, see section 731

of Pub. L. 102-486, set out as a note under section 79 of Title 15,

Commerce and Trade.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

16 USC Sec. 825o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825o. Penalties for violations; applicability of section

-STATUTE-

(a) Statutory violations

Any person who willfully and knowingly does or causes or suffers

to be done any act, matter, or thing in this chapter prohibited or

declared to be unlawful, or who willfully and knowingly omits or

fails to do any act, matter, or thing in this chapter required to

be done, or willfully and knowingly causes or suffers such omission

or failure, shall, upon conviction thereof, be punished by a fine

of not more than $5,000 or by imprisonment for not more than two

years, or both.

(b) Rules violations

Any person who willfully and knowingly violates any rule,

regulation, restriction, condition, or order made or imposed by the

Commission under authority of this chapter, or any rule or

regulation imposed by the Secretary of the Army under authority of

subchapter I of this chapter shall, in addition to any other

penalties provided by law, be punished upon conviction thereof by a

fine of not exceeding $500 for each and every day during which such

offense occurs.

(c) Applicability

This subsection (FOOTNOTE 1) shall not apply in the case of any

provision of section 824j, 824k, 824l, or 824m of this title or any

rule or order issued under any such provision.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 316, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 862; amended July 26,

1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L.

102-486, title VII, Sec. 725(a), Oct. 24, 1992, 106 Stat. 2920.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-486 added subsec. (c).

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by Pub. L. 102-486 to be construed as

affecting or intending to affect, or in any way to interfere with,

authority of any State or local government relating to

environmental protection or siting of facilities, see section 731

of Pub. L. 102-486, set out as a note under section 79 of Title 15,

Commerce and Trade.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 811 of this title; title

42 section 7172.

-CITE-

16 USC Sec. 825o-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825o-1. Enforcement of certain provisions

-STATUTE-

(a) Violations

It shall be unlawful for any person to violate any provision of

section 824j, 824k, 824l, or 824m of this title or any rule or

order issued under any such provision.

(b) Civil penalties

Any person who violates any provision of section 824j, 824k,

824l, or 824m of this title or any provision of any rule or order

thereunder shall be subject to a civil penalty of not more than

$10,000 for each day that such violation continues. Such penalty

shall be assessed by the Commission, after notice and opportunity

for public hearing, in accordance with the same provisions as are

applicable under section 823b(d) of this title in the case of civil

penalties assessed under section 823b of this title. In

determining the amount of a proposed penalty, the Commission shall

take into consideration the seriousness of the violation and the

efforts of such person to remedy the violation in a timely manner.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 316A, as added Pub. L.

102-486, title VII, Sec. 725(b), Oct. 24, 1992, 106 Stat. 2920.)

-MISC1-

STATE AUTHORITIES; CONSTRUCTION

Nothing in this section to be construed as affecting or intending

to affect, or in any way to interfere with, authority of any State

or local government relating to environmental protection or siting

of facilities, see section 731 of Pub. L. 102-486, set out as a

note under section 79 of Title 15, Commerce and Trade.

-CITE-

16 USC Sec. 825p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825p. Jurisdiction of offenses; enforcement of liabilities and

duties

-STATUTE-

The District Courts of the United States, and the United States

courts of any Territory or other place subject to the jurisdiction

of the United States shall have exclusive jurisdiction of

violations of this chapter or the rules, regulations, and orders

thereunder, and of all suits in equity and actions at law brought

to enforce any liability or duty created by, or to enjoin any

violation of this chapter or any rule, regulation, or order

thereunder. Any criminal proceeding shall be brought in the

district wherein any act or transaction constituting the violation

occurred. Any suit or action to enforce any liability or duty

created by, or to enjoin any violation of, this chapter or any

rule, regulation, or order thereunder may be brought in any such

district or in the district wherein the defendant is an inhabitant,

and process in such cases may be served wherever the defendant may

be found. Judgments and decrees so rendered shall be subject to

review as provided in sections 1254, 1291, and 1292 of title 28. No

costs shall be assessed against the Commission in any judicial

proceeding by or against the Commission under this chapter.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 317, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 862; amended June 25,

1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b),

62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-

CODIFICATION

As originally enacted, this section contained reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted ''the district court of the United States for the

District of Columbia'' for ''the Supreme Court of the District of

Columbia'', and act June 25, 1948, as amended by act May 24, 1949,

substituted ''United States District Court for the District of

Columbia'' for ''district court of the United States for the

District of Columbia''. However, the words ''United States District

Court for the District of Columbia'' have been deleted entirely as

superfluous in view of section 132(a) of Title 28, Judiciary and

Judicial Procedure, which states that ''There shall be in each

judicial district a district court which shall be a court of record

known as the United States District Court for the district'', and

section 88 of Title 28 which states that ''the District of Columbia

constitutes one judicial district''.

''Sections 1254, 1291, and 1292 of title 28'', referred to in

text, were substituted for ''sections 128 and 240 of the Judicial

Code, as amended (U.S.C. title 28, secs. 225 and 347)'' on

authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first

section of which enacted Title 28, Judiciary and Judicial

Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 825q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825q. Conflict of jurisdiction

-STATUTE-

If, with respect to the issue, sale, or guaranty of a security,

or assumption of obligation or liability in respect of a security,

the method of keeping accounts, the filing of reports, or the

acquisition or disposition of any security, capital assets,

facilities, or any other subject matter, any person is subject both

to a requirement of the Public Utility Holding Company Act of 1935

(15 U.S.C. 79 et seq.) or of a rule, regulation, or order

thereunder and to a requirement of this chapter or of a rule,

regulation, or order thereunder, the requirement of the Public

Utility Holding Company Act of 1935 shall apply to such person, and

such person shall not be subject to the requirement of this

chapter, or of any rule, regulation, or order thereunder, with

respect to the same subject matter, unless the Securities and

Exchange Commission has exempted such person from such requirement

of the Public Utility Holding Company Act of 1935, in which case

the requirements of this chapter shall apply to such person.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 318, as added Aug. 26,

1935, ch. 687, title II, Sec. 213, 49 Stat. 863.)

-REFTEXT-

REFERENCES IN TEXT

The Public Utility Holding Company Act of 1935, referred to in

text, is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as

amended, which is classified generally to chapter 2C (Sec. 79 et

seq.) of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see section 79 of Title 15 and Tables.

-CITE-

16 USC Sec. 825q-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825q-1. Office of Public Participation

-STATUTE-

(a)(1) There shall be an office in the Commission to be known as

the Office of Public Participation (hereinafter in this section

referred to as the ''Office'').

(2)(A) The Office shall be administered by a Director. The

Director shall be appointed by the Chairman with the approval of

the Commission. The Director may be removed during his term of

office by the Chairman, with the approval of the Commission, only

for inefficiency, neglect of duty, or malfeasance in office.

(B) The term of office of the Director shall be 4 years. The

Director shall be responsible for the discharge of the functions

and duties of the Office. He shall be appointed and compensated at

a rate not in excess of the maximum rate prescribed for GS-18 of

the General Schedule under section 5332 of title 5.

(3) The Director may appoint, and assign the duties of, employees

of such Office, and with the concurrence of the Commission he may

fix the compensation of such employees and procure temporary and

intermittent services to the same extent as is authorized under

section 3109 of title 5.

(b)(1) The Director shall coordinate assistance to the public

with respect to authorities exercised by the Commission. The

Director shall also coordinate assistance available to persons

intervening or participating or proposing to intervene or

participate in proceedings before the Commission.

(2) The Commission may, under rules promulgated by it, provide

compensation for reasonable attorney's fees, expert witness fees,

and other costs of intervening or participating in any proceeding

before the Commission to any person whose intervention or

participation substantially contributed to the approval, in whole

or in part, of a position advocated by such person. Such

compensation may be paid only if the Commission has determined that

-

(A) the proceeding is significant, and

(B) such person's intervention or participation in such

proceeding without receipt of compensation constitutes a

significant financial hardship to him.

(3) Nothing in this subsection affects or restricts any rights of

any intervenor or participant under any other applicable law or

rule of law.

(4) There are authorized to be appropriated to the Secretary of

Energy to be used by the Office for purposes of compensation of

persons under the provisions of this subsection not to exceed

$500,000 for the fiscal year 1978, not to exceed $2,000,000 for the

fiscal year 1979, not to exceed $2,200,000 for the fiscal year

1980, and not to exceed $2,400,000 for the fiscal year 1981.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 319, as added Pub. L.

95-617, title II, Sec. 212, Nov. 9, 1978, 92 Stat. 3148.)

-TRANS-

TRANSFER OF FUNCTIONS

The Federal Power Commission was terminated and its functions,

personnel, property, funds, etc., were transferred to the Secretary

of Energy (except for certain functions which were transferred to

the Federal Energy Regulatory Commission) by sections 7151(b),

7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and

Welfare.

-MISC5-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

16 USC Sec. 825r 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825r. Separability

-STATUTE-

If any provision of this chapter, or the application of such

provision to any person or circumstance, shall be held invalid, the

remainder of the chapter, and the application of such provision to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby.

-SOURCE-

(June 10, 1920, ch. 285, pt. III, Sec. 320, formerly Sec. 319, as

added Aug. 26, 1935, ch. 687, title II, Sec. 213, 49 Stat. 863, and

renumbered Sec. 320, Pub. L. 95-617, title II, Sec. 212, Nov. 9,

1978, 92 Stat. 3148.)

-CITE-

16 USC Sec. 825s 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825s. Sale of electric power from reservoir projects; rate

schedules; preference in sale; construction of transmission

lines; disposition of moneys

-STATUTE-

Electric power and energy generated at reservoir projects under

the control of the Department of the Army and in the opinion of the

Secretary of the Army not required in the operation of such

projects shall be delivered to the Secretary of Energy who shall

transmit and dispose of such power and energy in such manner as to

encourage the most widespread use thereof at the lowest possible

rates to consumers consistent with sound business principles, the

rate schedules to become effective upon confirmation and approval

by the Secretary of Energy. Rate schedules shall be drawn having

regard to the recovery (upon the basis of the application of such

rate schedules to the capacity of the electric facilities of the

projects) of the cost of producing and transmitting such electric

energy, including the amortization of the capital investment

allocated to power over a reasonable period of years. Preference

in the sale of such power and energy shall be given to public

bodies and cooperatives. The Secretary of Energy is authorized,

from funds to be appropriated by the Congress, to construct or

acquire, by purchase or other agreement, only such transmission

lines and related facilities as may be necessary in order to make

the power and energy generated at said projects available in

wholesale quantities for sale on fair and reasonable terms and

conditions to facilities owned by the Federal Government, public

bodies, cooperatives, and privately owned companies. All moneys

received from such sales shall be deposited in the Treasury of the

United States as miscellaneous receipts.

-SOURCE-

(Dec. 22, 1944, ch. 665, Sec. 5, 58 Stat. 890; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 95-91, title III,

Sec. 301(b), 302(a)(1), Aug. 4, 1977, 91 Stat. 578.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Secretary of

the Interior'' in two places and for ''Federal Power Commission''

pursuant to Pub. L. 95-91, Sec. 301(b), 302(a)(1), which are

classified to sections 7151(b) and 7152(a)(1) of Title 42, The

Public Health and Welfare.

Functions of Secretary of the Interior under this section

transferred to Secretary of Energy by section 7152(a)(1) of Title

42.

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CROSS-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act (43 U.S.C. 1301 et seq.), see section

1303 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 825s-1, 825s-2, 825s-3,

839e of this title; title 42 section 7152.

-CITE-

16 USC Sec. 825s-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825s-1. Southwestern area sale and transmission of electric

power; disposition of receipts; creation of continuing fund;

use of fund

-STATUTE-

All receipts from the transmission and sale of electric power and

energy under the provisions of section 825s of this title,

generated or purchased in the southwestern power area, shall be

covered into the Treasury of the United States as miscellaneous

receipts, except that the Treasury shall set up and maintain from

such receipts a continuing fund of $300,000, including the sum of

$100,000 in the continuing fund established under the Administrator

of the Southwestern Power Administration in the First Supplemental

National Defense Appropriation Act, 1944 (57 Stat. 621), which

shall be transferred to the fund established; and said fund of

$300,000 shall be placed to the credit of the Secretary and shall

be subject to check by him to defray emergency expenses necessary

to insure continuity of electric service and continuous operation

of the facilities, and to cover all costs in connection with the

purchase of electric power and energy and rentals for the use of

facilities for the transmission and distribution of electric power

and energy to public bodies, cooperatives, and privately owned

companies: Provided, That expenditures from this fund to cover such

costs in connection with the purchase of electric power and energy

and rentals for the use of facilities are to be made only in such

amounts as may be approved annually in appropriation Acts.

-SOURCE-

(Oct. 12, 1949, ch. 680, title I, Sec. 101, 63 Stat. 767; Aug. 31,

1951, ch. 375, title I, Sec. 101, 65 Stat. 249.)

-REFTEXT-

REFERENCES IN TEXT

The First Supplemental National Defense Appropriation Act, 1944,

referred to in text, was act Dec. 23, 1943, ch. 380, title I, Sec.

101, 57 Stat. 621, which was not classified to the Code.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

Section as originally enacted contained a provision relating to

maximum expenditures for the fiscal year 1952.

-MISC3-

AMENDMENTS

1951 - Act Aug. 31, 1951, inserted proviso.

USE OF FUND TO PAY FOR PURCHASE POWER AND WHEELING EXPENSES TO MEET

CONTRACTUAL OBLIGATIONS DURING PERIODS OF BELOW-AVERAGE HYDROPOWER

GENERATION

Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 660,

provided: ''That the continuing fund established by the Act of

October 12, 1949, c. 680, title I, section 101, as amended (16

U.S.C. 825s-1), shall also be available on an ongoing basis for

paying for purchase power and wheeling expenses when the

Administrator determines that such expenditures are necessary to

meet contractual obligations for the sale and delivery of power

during periods of below-average hydropower generation. Payments

from the continuing fund shall be limited to the amount required to

replace the generation deficiency, and only for the project where

the deficiency occurred. Replenishment of the fund shall occur

within twelve months of the month in which the funds were first

expended.''

-CITE-

16 USC Sec. 825s-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825s-2. Southeastern area sale and transmission of electric

power; disposition of receipts; creation of continuing funds;

use of fund

-STATUTE-

All receipts from the transmission and sale of electric power and

energy under the provisions of section 825s of this title,

generated or purchased in the southeastern power area, shall be

covered into the Treasury of the United States as miscellaneous

receipts, except that the Treasury shall set up and maintain from

such receipts a continuing fund of $50,000, and said fund shall be

placed to the credit of the Secretary, and shall be subject to

check by him to defray emergency expenses necessary to insure

continuity of electric service and continuous operation of

Government facilities in said area.

-SOURCE-

(Aug. 31, 1951, ch. 375, title I, Sec. 101, 65 Stat. 249.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-CITE-

16 USC Sec. 825s-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825s-3. Southwestern area sale at uniform systemwide rates of

electric power over transmission lines constructed with

appropriated funds or used under contractual arrangements

-STATUTE-

Power and energy marketed by the Southwestern Power

Administration pursuant to section 825s of this title, shall be

sold at uniform systemwide rates, without discrimination between

customers to whom the Southwestern Power Administration delivers

such power and energy by means of transmission lines or facilities

constructed with appropriated funds, and customers to whom the

Southwestern Power Administration delivers such power and energy by

means of transmission lines or facilities, the use of which is

acquired by lease, wheeling, or other contractual arrangements.

-SOURCE-

(Pub. L. 95-456, Sec. 1, Oct. 13, 1978, 92 Stat. 1230.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section 2 of Pub. L. 95-456 provided that: ''This Act (enacting

this section) shall not become effective until Contract No.

14-02-00001-1002, effective August 1, 1962, between the United

States of America and Associated Electric Cooperative, Inc.,

Springfield, Missouri, has been amended in a manner mutually

agreeable to the parties thereto.''

-CITE-

16 USC Sec. 825t 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825t. Utilization of power revenues

-STATUTE-

No power revenues on any project shall be distributed as profits,

before or after retirement of the project debt, and nothing

contained in any previous appropriation Act shall be deemed to have

authorized such distribution: Provided, That the application of

such revenues to the cost of operation, maintenance, and debt

service of the irrigation system of the project, or to other

purposes in aid of such irrigation system, shall not be construed

to be such a distribution.

-SOURCE-

(July 1, 1946, ch. 529, Sec. 1, 60 Stat. 366.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-CITE-

16 USC Sec. 825u 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 825u. Interest rate on power bonds held by Administrator of

General Services

-STATUTE-

The Administrator of General Services or his successor in

interest is authorized to reduce the rate of interest to 2 1/2 per

centum on all power bonds held by such Agency issued by States,

public authorities, counties, municipalities, and other

subdivisions of State governments for power projects financed by

the Public Works Administration.

-SOURCE-

(July 31, 1946, ch. 710, Sec. 6, 60 Stat. 744; June 30, 1949, ch.

288, title I, Sec. 103(a), 63 Stat. 380.)

-COD-

CODIFICATION

This section was not enacted as part of the Federal Power Act

which generally comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Works Agency and of all agencies thereof,

together with functions of Federal Works Administrator, transferred

to Administrator of General Services by section 103(a) of act June

30, 1949. Both Federal Works Agency and office of Federal Works

Administrator abolished by section 103(b) of said act. See text

of, and Historical and Revision Notes under, section 303(b) of

Title 40, Public Buildings, Property, and Works. Transfer of

functions of Federal Works Agency effective July 1, 1949, see

section 605, formerly Sec. 505, of act June 30, 1949, ch. 288, 63

Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a),

(b), 64 Stat. 583.

Functions of Public Works Administration transferred to Federal

Works Administrator by Ex. Ord. No. 9357, June 30, 1943, 8 F.R.

9041.

-CITE-

16 USC SUBCHAPTER IV - STATE AND MUNICIPAL WATER

CONSERVATION FACILITIES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

.

-HEAD-

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 808 of this title.

-CITE-

16 USC Sec. 828 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

-HEAD-

Sec. 828. Facilitation of development and construction of water

conservation facilities; exemption from certain Federal

requirements

-STATUTE-

In order to facilitate the development and construction by States

and municipalities of water conservation facilities, certain

requirements in this chapter are made inapplicable to States and

municipalities as provided in this subchapter.

-SOURCE-

(Aug. 15, 1953, ch. 503, Sec. 1, 67 Stat. 587.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-CITE-

16 USC Sec. 828a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

-HEAD-

Sec. 828a. Definitions

-STATUTE-

The words used in this subchapter shall have the same meanings

ascribed to them in this chapter.

-SOURCE-

(Aug. 15, 1953, ch. 503, Sec. 2, 67 Stat. 587.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-CITE-

16 USC Sec. 828b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

-HEAD-

Sec. 828b. Exemption from formula, books and records, and project

cost statement requirements; annual charges

-STATUTE-

Section 807 of this title pertaining to the taking over by the

United States of any project upon or after the expiration of a

license, and sections 825 and 825a of this title requiring certain

records and accounting procedures and section 797(b) of this title

requiring the preparation and filing of the statement of actual

legitimate original cost of a project, shall not be applicable to

any project owned by a State or municipality, and such rights and

requirements shall not exist under any license heretofore or

hereafter granted to any State or municipality. The Secretary of

Energy in determining the amount of annual charges applicable to

any such project may determine the annual charges with reference to

the actual cost of services incurred by the Secretary with respect

to the project.

-SOURCE-

(Aug. 15, 1953, ch. 503, Sec. 3, 67 Stat. 587; Pub. L. 86-124, July

31, 1959, 73 Stat. 271; Pub. L. 95-91, title III, Sec. 301(b), Aug.

4, 1977, 91 Stat. 578.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-MISC3-

AMENDMENTS

1959 - Pub. L. 86-124 struck out ''except that the provisions of

sections 797(b) and 807 of this title shall continue to be

applicable to any license issued for a hydroelectric development in

the International Rapids section of the Saint Lawrence River'' in

first sentence.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' and ''Secretary'' substituted in text for

''Federal Power Commission'' and ''Commission'', respectively,

pursuant to Pub. L. 95-91, Sec. 301(b), which is classified to

section 7151(b) of Title 42, The Public Health and Welfare.

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42.

-CITE-

16 USC Sec. 828c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER IV - STATE AND MUNICIPAL WATER CONSERVATION FACILITIES

-HEAD-

Sec. 828c. Applicability of this subchapter

-STATUTE-

Except as herein provided, the provisions of this subchapter

shall not be construed as repealing or affecting any of the

provisions of this chapter.

-SOURCE-

(Aug. 15, 1953, ch. 503, Sec. 4, 67 Stat. 587.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Power Act which

generally comprises this chapter.

-CITE-