-CITE-
    16 USC CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF
           POWER                                           01/03/2007

-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        Repealed.                                             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 Repealed or Omitted.                                 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.                         
    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.                      
    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.          
    801.        Transfer of license; obligations of transferee.       
    802.        Information to accompany application for license;
                 landowner notification.                              
    803.        Conditions of license generally.                      
    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.       
    808.        New licenses and renewals.                            
    809.        Temporary use by Government of project works for
                 national safety; compensation for use.               
    810.        Disposition of charges arising from licenses.         
    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.                     
    823b.       Enforcement.                                          
    823c.       Alaska State jurisdiction over small hydroelectric
                 projects.                                            
    823d.       Alternative conditions and prescriptions.             

    SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
                            INTERSTATE COMMERCE
    824.        Declaration of policy; application of subchapter.     
    824a.       Interconnection and coordination of facilities;
                 emergencies; transmission to foreign countries.      
    824a-1.     Pooling.                                              
    824a-2.     Reliability.                                          
    824a-3.     Cogeneration and small power production.              
    824a-4.     Seasonal diversity electricity exchange.              
    824b.       Disposition of property; consolidations; purchase of
                 securities.                                          
    824c.       Issuance of securities; assumption of liabilities.    
    824d.       Rates and charges; schedules; suspension of new rates;
                 automatic adjustment clauses.                        
    824e.       Power of Commission to fix rates and charges;
                 determination of cost of production or transmission. 
    824f.       Ordering furnishing of adequate service.              
    824g.       Ascertainment of cost of property and depreciation.   
    824h.       References to State boards by Commission.             
    824i.       Interconnection authority.                            
    824j.       Wheeling authority.                                   
    824j-1.     Open access by unregulated transmitting utilities.    
    824k.       Orders requiring interconnection or wheeling.         
    824l.       Information requirements.                             
    824m.       Sales by exempt wholesale generators.                 
    824n.       Repealed.                                             
    824o.       Electric reliability.                                 
    824p.       Siting of interstate electric transmission facilities.
    824q.       Native load service obligation.                       
    824r.       Protection of transmission contracts in the Pacific
                 Northwest.                                           
    824s.       Transmission infrastructure investment.               
    824t.       Electricity market transparency rules.                
    824u.       Prohibition on filing false information.              
    824v.       Prohibition of energy market manipulation.            
    824w.       Joint boards on economic dispatch.                    

      SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
                         ADMINISTRATIVE PROVISIONS
    825.        Accounts and records.                                 
    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.                      
    825e.       Complaints.                                           
    825f.       Investigations by Commission.                         
    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.                                     
    825m.       Enforcement provisions.                               
    825n.       Forfeiture for violations; recovery; applicability.   
    825o.       Penalties for violations; applicability of section.   
    825o-1.     Enforcement of certain provisions.                    
    825p.       Jurisdiction of offenses; enforcement of liabilities
                 and duties.                                          
    825q.       Repealed.                                             
    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.                                        
    825s-4.     Southwestern Power Administration; deposit and
                 availability of advance payments.                    
    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.                     

-End-


-CITE-
    16 USC SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF
           WATER POWER AND RESOURCES                       01/03/2007

-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."

-End-



-CITE-
    16 USC Sec. 791                                             01/03/2007

-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. 791. Repealed.

-MISC1-
    Sec. 791. Repealed. Aug. 26, 1935, ch. 687, title II, Sec. 212, 49
      Stat. 847.
      Section, act June 10, 1920, ch. 285, Sec. 30, 41 Stat. 1077,
    designated the act as The Federal Water Power Act.

-End-



-CITE-
    16 USC Sec. 791a                                            01/03/2007

-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. 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.


-MISC1-
                       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'."

-End-



-CITE-
    16 USC Sec. 792                                             01/03/2007

-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. 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 Termination of Federal Power Commission;
    Transfer of Functions note below.


-MISC1-
                                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-
      TERMINATION OF FEDERAL POWER COMMISSION; 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.


-MISC2-
                     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                     

             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.

-End-



-CITE-
    16 USC Sec. 793                                             01/03/2007

-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. 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, Secs. 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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 793a                                            01/03/2007

-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.

-MISC1-
    Sec. 793a. Repealed. Pub. L. 87-367, title I, Sec. 103(5), Oct. 4,
      1961, 75 Stat. 787.
      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.

-End-



-CITE-
    16 USC Secs. 794, 795                                       01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER
    SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND
                    RESOURCES                   

-HEAD-
    Secs. 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.

-End-



-CITE-
    16 USC Sec. 796                                             01/03/2007

-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 that the Commission determines, by
      rule, meets such requirements (including requirements respecting
      fuel use, fuel efficiency, and reliability) as the Commission
      may, by rule, prescribe;
        (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.(!1)


        (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 that 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;
        (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. - (A) The term "electric utility" means
      a person or Federal or State agency (including an entity
      described in section 824(f) of this title) that sells electric
      energy.(!1)
        (B) The term "electric utility" includes the Tennessee Valley
      Authority and each Federal power marketing administration.(!1)
        (23) Transmitting utility. - The term "transmitting utility"
      means an entity (including an entity described in section 824(f)
      of this title) that owns, operates, or controls facilities used
      for the transmission of electric energy - 
          (A) in interstate commerce;
          (B) for the sale of electric energy at wholesale.(!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.(!1)
        (25) Exempt wholesale generator. - The term "exempt wholesale
      generator" shall have the meaning provided by section 79z-5a (!2)
      of title 15.(!1)

        (26) Electric cooperative. - The term "electric cooperative"
      means a cooperatively owned electric utility.(!1)
        (27) RTO. - The term "Regional Transmission Organization" or
      "RTO" means an entity of sufficient regional scope approved by
      the Commission - 
          (A) to exercise operational or functional control of
        facilities used for the transmission of electric energy in
        interstate commerce; and
          (B) to ensure nondiscriminatory access to the facilities.(!1)

        (28) ISO. - The term "Independent System Operator" or "ISO"
      means an entity approved by the Commission - 
          (A) to exercise operational or functional control of
        facilities used for the transmission of electric energy in
        interstate commerce; and
          (B) to ensure nondiscriminatory access to the facilities.(!3)


        (29) Transmission organization. - The term "Transmission
      Organization" means a Regional Transmission Organization,
      Independent System Operator, independent transmission provider,
      or other transmission organization finally approved by the
      Commission for the operation of transmission facilities.

-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, Secs. 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; Pub.
    L. 109-58, title XII, Secs. 1253(b), 1291(b), Aug. 8, 2005, 119
    Stat. 970, 984.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in pars. (1), (2), are
    classified generally to Title 43, Public Lands.
      Section 79z-5a of title 15, referred to in par. (25), was
    repealed by Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119
    Stat. 974.


-MISC1-
                                AMENDMENTS                            
      2005 - Par. (17)(C). Pub. L. 109-58, Sec. 1253(b)(1), amended
    subpar. (C) generally. Prior to amendment, subpar. (C) read as
    follows: " '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);".
      Par. (18)(B). Pub. L. 109-58, Sec. 1253(b)(2), amended subpar.
    (B) generally. Prior to amendment, subpar. (B) read as follows: "
    '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);".
      Pars. (22), (23). Pub. L. 109-58, Sec. 1291(b)(1), added pars.
    (22) and (23) and struck out former pars. (22) and (23) which read
    as follows:
      "(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.
      "(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."
      Pars. (26) to (29). Pub. L. 109-58, Sec. 1291(b)(2), added pars.
    (26) to (29).
      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                  
      Pub. L. 102-486, title VII, Sec. 731, Oct. 24, 1992, 106 Stat.
    2921, provided that: "Nothing in this title [enacting sections
    824l, 824m, and 825o-1 of this title and former sections 79z-5a and
    79z-5b of Title 15, Commerce and Trade, and amending this section,
    sections 824, 824j, 824k, 825n, 825o, and 2621 of this title, and
    provisions formerly set out as a note under former section 79k of
    Title 15] or in any amendment made by this title shall be construed
    as affecting or intending to affect, or in any way to interfere
    with, the authority of any State or local government relating to
    environmental protection or the siting of facilities."


-TRANS-
      TERMINATION OF FEDERAL POWER COMMISSION; 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.

-FOOTNOTE-               

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

    (!2) See References in Text note below.

               

    (!3) So in original. The period probably should be "; and".


-End-



-CITE-
    16 USC Sec. 797                                             01/03/2007

-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 reservation:
    (!1) The license applicant and any party to the proceeding shall be
    entitled to a determination on the record, after opportunity for an
    agency trial-type hearing of no more than 90 days, on any disputed
    issues of material fact with respect to such conditions. All
    disputed issues of material fact raised by any party shall be
    determined in a single trial-type hearing to be conducted by the
    relevant resource agency in accordance with the regulations
    promulgated under this subsection and within the time frame
    established by the Commission for each license proceeding. Within
    90 days of August 8, 2005, the Secretaries of the Interior,
    Commerce, and Agriculture shall establish jointly, by rule, the
    procedures for such expedited trial-type hearing, including the
    opportunity to undertake discovery and cross-examine witnesses, in
    consultation with the Federal Energy Regulatory Commission.(!2)
    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, Secs. 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; Pub. L.
    109-58, title II, Sec. 241(a), Aug. 8, 2005, 119 Stat. 674.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-58, which directed amendment of
    subsec. (e) by inserting after "adequate protection and utilization
    of such reservation." at end of first proviso "The license
    applicant and any party to the proceeding shall be entitled to a
    determination on the record, after opportunity for an agency trial-
    type hearing of no more than 90 days, on any disputed issues of
    material fact with respect to such conditions. All disputed issues
    of material fact raised by any party shall be determined in a
    single trial-type hearing to be conducted by the relevant resource
    agency in accordance with the regulations promulgated under this
    subsection and within the time frame established by the Commission
    for each license proceeding. Within 90 days of August 8, 2005, the
    Secretaries of the Interior, Commerce, and Agriculture shall
    establish jointly, by rule, the procedures for such expedited trial-
    type hearing, including the opportunity to undertake discovery and
    cross-examine witnesses, in consultation with the Federal Energy
    Regulatory Commission.", was executed by making the insertion after
    "adequate protection and utilization of such reservation:" at end
    of first proviso, to reflect the probable intent of Congress.
      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) as (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.


-MISC2-
                     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.

                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.

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

    (!2) So in original. The period probably should be a colon.


-End-



-CITE-
    16 USC Sec. 797a                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 797b                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 797c                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 797d                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 798                                             01/03/2007

-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, Secs. 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.

-End-



-CITE-
    16 USC Sec. 799                                             01/03/2007

-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, Secs. 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.

-End-



-CITE-
    16 USC Sec. 800                                             01/03/2007

-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, Secs. 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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 801                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 802                                             01/03/2007

-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) (!1) Such additional information as the commission may
    require.

      (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.


-MISC1-
                                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.

-FOOTNOTE-
    (!1) See Codification note below.


-End-



-CITE-
    16 USC Sec. 803                                             01/03/2007

-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 (!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.

      (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, Secs. 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, Secs. 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 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.


-MISC1-
                                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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "; and".


-End-



-CITE-
    16 USC Sec. 804                                             01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 805                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 806                                             01/03/2007

-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' ".

-End-



-CITE-
    16 USC Sec. 807                                             01/03/2007

-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 (!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.


-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, Secs. 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.

-FOOTNOTE-
    (!1) So in original. Probably should be "it".


-End-



-CITE-
    16 USC Sec. 808                                             01/03/2007

-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,
    Secs. 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, Secs. 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.

-End-



-CITE-
    16 USC Sec. 809                                             01/03/2007

-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.)


-MISC1-
                    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.

-End-



-CITE-
    16 USC Sec. 810                                             01/03/2007

-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, Secs. 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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 811                                             01/03/2007

-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 license applicant and any party to
    the proceeding shall be entitled to a determination on the record,
    after opportunity for an agency trial-type hearing of no more than
    90 days, on any disputed issues of material fact with respect to
    such fishways. All disputed issues of material fact raised by any
    party shall be determined in a single trial-type hearing to be
    conducted by the relevant resource agency in accordance with the
    regulations promulgated under this subsection (!1) and within the
    time frame established by the Commission for each license
    proceeding. Within 90 days of August 8, 2005, the Secretaries of
    the Interior, Commerce, and Agriculture shall establish jointly, by
    rule, the procedures for such expedited trial-type hearing,
    including the opportunity to undertake discovery and cross-examine
    witnesses, in consultation with the Federal Energy Regulatory
    Commission. 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, Secs. 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; Pub. L. 109-58, title II, Sec. 241(b), Aug.
    8, 2005, 119 Stat. 674.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted after first sentence "The license
    applicant and any party to the proceeding shall be entitled to a
    determination on the record, after opportunity for an agency trial-
    type hearing of no more than 90 days, on any disputed issues of
    material fact with respect to such fishways. All disputed issues of
    material fact raised by any party shall be determined in a single
    trial-type hearing to be conducted by the relevant resource agency
    in accordance with the regulations promulgated under this
    subsection and within the time frame established by the Commission
    for each license proceeding. Within 90 days of August 8, 2005, the
    Secretaries of the Interior, Commerce, and Agriculture shall
    establish jointly, by rule, the procedures for such expedited trial-
    type hearing, including the opportunity to undertake discovery and
    cross-examine witnesses, in consultation with the Federal Energy
    Regulatory Commission."
      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.
      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.


-MISC2-
               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."

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    16 USC Sec. 812                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 813                                             01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 814                                             01/03/2007

-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 (!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.


-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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a colon.


-End-



-CITE-
    16 USC Sec. 815                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 816                                             01/03/2007

-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,
    Secs. 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.


-MISC1-
                                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."

-End-



-CITE-
    16 USC Sec. 817                                             01/03/2007

-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,
    Secs. 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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 818                                             01/03/2007

-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, Secs. 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.


-MISC1-
                                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".

-End-



-CITE-
    16 USC Sec. 819                                             01/03/2007

-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.

-MISC1-
    Sec. 819. Repealed. Aug. 26, 1935, ch. 687, title II, Sec. 212, 49
      Stat. 847.
      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.

-End-



-CITE-
    16 USC Sec. 820                                             01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 821                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 822                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 823                                             01/03/2007

-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."

-End-



-CITE-
    16 USC Sec. 823a                                            01/03/2007

-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 (!1) National Marine Fisheries Service (!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 - 

        (1) such terms and conditions as the Fish and Wildlife Service
      (!1) National Marine Fisheries Service (!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.


-MISC1-
                             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.

                       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]."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
    16 USC Sec. 823b                                            01/03/2007

-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,(!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.

      (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,(!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.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    16 USC Sec. 823c                                            01/03/2007

-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) except as provided in subsection (j) of this section,
        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.
    (j) Fish and wildlife
      If the State of Alaska determines that a recommendation under
    subsection (a)(3)(C) of this section is inconsistent with
    paragraphs (1) and (2) of subsection (a) of this section, the State
    of Alaska may decline to adopt all or part of the recommendations
    in accordance with the procedures established under section
    803(j)(2) of this title.

-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; amended Pub. L.
    109-58, title II, Sec. 244, Aug. 8, 2005, 119 Stat. 678.)

-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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(3)(C). Pub. L. 109-58, Sec. 244(1), inserted
    "except as provided in subsection (j) of this section," before
    "conditions".
      Subsec. (j). Pub. L. 109-58, Sec. 244(2), added subsec. (j).


-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.

-End-



-CITE-
    16 USC Sec. 823d                                            01/03/2007

-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. 823d. Alternative conditions and prescriptions

-STATUTE-
    (a) Alternative conditions
      (1) Whenever any person applies for a license for any project
    works within any reservation of the United States, and the
    Secretary of the department under whose supervision such
    reservation falls (referred to in this subsection as the
    "Secretary") deems a condition to such license to be necessary
    under the first proviso of section 797(e) of this title, the
    license applicant or any other party to the license proceeding may
    propose an alternative condition.
      (2) Notwithstanding the first proviso of section 797(e) of this
    title, the Secretary shall accept the proposed alternative
    condition referred to in paragraph (1), and the Commission shall
    include in the license such alternative condition, if the Secretary
    determines, based on substantial evidence provided by the license
    applicant, any other party to the proceeding, or otherwise
    available to the Secretary, that such alternative condition - 
        (A) provides for the adequate protection and utilization of the
      reservation; and
        (B) will either, as compared to the condition initially by the
      Secretary - 
          (i) cost significantly less to implement; or
          (ii) result in improved operation of the project works for
        electricity production.

      (3) In making a determination under paragraph (2), the Secretary
    shall consider evidence provided for the record by any party to a
    licensing proceeding, or otherwise available to the Secretary,
    including any evidence provided by the Commission, on the
    implementation costs or operational impacts for electricity
    production of a proposed alternative.
      (4) The Secretary concerned shall submit into the public record
    of the Commission proceeding with any condition under section
    797(e) of this title or alternative condition it accepts under this
    section, a written statement explaining the basis for such
    condition, and reason for not accepting any alternative condition
    under this section. The written statement must demonstrate that the
    Secretary gave equal consideration to the effects of the condition
    adopted and alternatives not accepted on energy supply,
    distribution, cost, and use; flood control; navigation; water
    supply; and air quality (in addition to the preservation of other
    aspects of environmental quality); based on such information as may
    be available to the Secretary, including information voluntarily
    provided in a timely manner by the applicant and others. The
    Secretary shall also submit, together with the aforementioned
    written statement, all studies, data, and other factual information
    available to the Secretary and relevant to the Secretary's
    decision.
      (5) If the Commission finds that the Secretary's final condition
    would be inconsistent with the purposes of this subchapter, or
    other applicable law, the Commission may refer the dispute to the
    Commission's Dispute Resolution Service. The Dispute Resolution
    Service shall consult with the Secretary and the Commission and
    issue a non-binding advisory within 90 days. The Secretary may
    accept the Dispute Resolution Service advisory unless the Secretary
    finds that the recommendation will not adequately protect the
    reservation. The Secretary shall submit the advisory and the
    Secretary's final written determination into the record of the
    Commission's proceeding.
    (b) Alternative prescriptions
      (1) Whenever the Secretary of the Interior or the Secretary of
    Commerce prescribes a fishway under section 811 of this title, the
    license applicant or any other party to the license proceeding may
    propose an alternative to such prescription to construct, maintain,
    or operate a fishway.
      (2) Notwithstanding section 811 of this title, the Secretary of
    the Interior or the Secretary of Commerce, as appropriate, shall
    accept and prescribe, and the Commission shall require, the
    proposed alternative referred to in paragraph (1), if the Secretary
    of the appropriate department determines, based on substantial
    evidence provided by the license applicant, any other party to the
    proceeding, or otherwise available to the Secretary, that such
    alternative - 
        (A) will be no less protective than the fishway initially
      prescribed by the Secretary; and
        (B) will either, as compared to the fishway initially
      prescribed by the Secretary - 
          (i) cost significantly less to implement; or
          (ii) result in improved operation of the project works for
        electricity production.

      (3) In making a determination under paragraph (2), the Secretary
    shall consider evidence provided for the record by any party to a
    licensing proceeding, or otherwise available to the Secretary,
    including any evidence provided by the Commission, on the
    implementation costs or operational impacts for electricity
    production of a proposed alternative.
      (4) The Secretary concerned shall submit into the public record
    of the Commission proceeding with any prescription under section
    811 of this title or alternative prescription it accepts under this
    section, a written statement explaining the basis for such
    prescription, and reason for not accepting any alternative
    prescription under this section. The written statement must
    demonstrate that the Secretary gave equal consideration to the
    effects of the prescription adopted and alternatives not accepted
    on energy supply, distribution, cost, and use; flood control;
    navigation; water supply; and air quality (in addition to the
    preservation of other aspects of environmental quality); based on
    such information as may be available to the Secretary, including
    information voluntarily provided in a timely manner by the
    applicant and others. The Secretary shall also submit, together
    with the aforementioned written statement, all studies, data, and
    other factual information available to the Secretary and relevant
    to the Secretary's decision.
      (5) If the Commission finds that the Secretary's final
    prescription would be inconsistent with the purposes of this
    subchapter, or other applicable law, the Commission may refer the
    dispute to the Commission's Dispute Resolution Service. The Dispute
    Resolution Service shall consult with the Secretary and the
    Commission and issue a non-binding advisory within 90 days. The
    Secretary may accept the Dispute Resolution Service advisory unless
    the Secretary finds that the recommendation will not adequately
    protect the fish resources. The Secretary shall submit the advisory
    and the Secretary's final written determination into the record of
    the Commission's proceeding.

-SOURCE-
    (June 10, 1920, ch. 285, pt. I, Sec. 33, as added Pub. L. 109-58,
    title II, Sec. 241(c), Aug. 8, 2005, 119 Stat. 675.)

-End-


-CITE-
    16 USC SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY
           COMPANIES ENGAGED IN INTERSTATE COMMERCE        01/03/2007

-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

-End-



-CITE-
    16 USC Sec. 824                                             01/03/2007

-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) Notwithstanding subsection (f) of this section, the
    provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j-1,
    824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, and 824v 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 or rule
    of the Commission under the provisions of section 824b(a)(2),
    824e(e), 824i, 824j, 824j-1, 824k, 824o, 824p, 824q, 824r, 824s,
    824t, 824u, or 824v 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 824e(e), 824e(f),(!1)
    824i, 824j, 824j-1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u,
    or 824v 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, an electric cooperative that receives financing under the
    Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that
    sells less than 4,000,000 megawatt hours of electricity per year,
    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 2005 [42 U.S.C. 16451 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; Pub. L.
    109-58, title XII, Secs. 1277(b)(1), 1291(c), 1295(a), Aug. 8,
    2005, 119 Stat. 978, 985.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Rural Electrification Act of 1936, referred to in subsec.
    (f), 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 Public Utility Holding Company Act of 2005, referred to in
    subsec. (g)(5), is subtitle F of title XII of Pub. L. 109-58, Aug.
    8, 2005, 119 Stat. 972, which is classified principally to part D
    (Sec. 16451 et seq.) of subchapter XII of chapter 149 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 15801
    of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(2). Pub. L. 109-58, Sec. 1295(a)(1),
    substituted "Notwithstanding subsection (f) of this section, the
    provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j-1,
    824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this
    title" for "The provisions of sections 824i, 824j, and 824k of this
    title" and "Compliance with any order or rule of the Commission
    under the provisions of section 824b(a)(2), 824e(e), 824i, 824j,
    824j-1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of
    this title" for "Compliance with any order of the Commission under
    the provisions of section 824i or 824j of this title".
      Subsec. (e). Pub. L. 109-58, Sec. 1295(a)(2), substituted
    "section 824e(e), 824e(f), 824i, 824j, 824j-1, 824k, 824o, 824p,
    824q, 824r, 824s, 824t, 824u, or 824v of this title" for "section
    824i, 824j, or 824k of this title".
      Subsec. (f). Pub. L. 109-58, Sec. 1291(c), which directed
    amendment of subsec. (f) by substituting "political subdivision of
    a State, an electric cooperative that receives financing under the
    Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that
    sells less than 4,000,000 megawatt hours of electricity per year,"
    for "political subdivision of a state,", was executed by making the
    substitution for "political subdivision of a State," to reflect the
    probable intent of Congress.
      Subsec. (g)(5). Pub. L. 109-58, Sec. 1277(b)(1), substituted
    "2005" for "1935".
      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".

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by section 1277(b)(1) of Pub. L. 109-58 effective 6
    months after Aug. 8, 2005, with provisions relating to effect of
    compliance with certain regulations approved and made effective
    prior to such date, see section 1274 of Pub. L. 109-58, set out as
    an Effective Date note under section 16451 of Title 42, The Public
    Health and Welfare.

                      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 796 of this
    title.

                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
    [Federal Energy Regulatory 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."

-FOOTNOTE-
    (!1) So in original. Section 824e of this title does not contain a
         subsec. (f).


-End-



-CITE-
    16 USC Sec. 824a                                            01/03/2007

-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 [Federal Energy
    Regulatory 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-
                          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.


-MISC2-
    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.

-End-



-CITE-
    16 USC Sec. 824a-1                                          01/03/2007

-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                        
      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.

-CROSS-
                                DEFINITIONS                            
      For definitions of terms used in this section, see section 2602
    of this title.

-End-



-CITE-
    16 USC Sec. 824a-2                                          01/03/2007

-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.)

-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.

-CROSS-
                                DEFINITIONS                            
      For definitions of terms used in this section, see section 2602
    of this title.

-End-



-CITE-
    16 USC Sec. 824a-3                                          01/03/2007

-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 (!1) and

        (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,(!2) 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 (!2) 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 (!3) or

        (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)].
    (m) Termination of mandatory purchase and sale requirements
      (1) Obligation to purchase
        After August 8, 2005, no electric utility shall be required to
      enter into a new contract or obligation to purchase electric
      energy from a qualifying cogeneration facility or a qualifying
      small power production facility under this section if the
      Commission finds that the qualifying cogeneration facility or
      qualifying small power production facility has nondiscriminatory
      access to - 
          (A)(i) independently administered, auction-based day ahead
        and real time wholesale markets for the sale of electric
        energy; and (ii) wholesale markets for long-term sales of
        capacity and electric energy; or
          (B)(i) transmission and interconnection services that are
        provided by a Commission-approved regional transmission entity
        and administered pursuant to an open access transmission tariff
        that affords nondiscriminatory treatment to all customers; and
        (ii) competitive wholesale markets that provide a meaningful
        opportunity to sell capacity, including long-term and short-
        term sales, and electric energy, including long-term, short-
        term and real-time sales, to buyers other than the utility to
        which the qualifying facility is interconnected. In determining
        whether a meaningful opportunity to sell exists, the Commission
        shall consider, among other factors, evidence of transactions
        within the relevant market; or
          (C) wholesale markets for the sale of capacity and electric
        energy that are, at a minimum, of comparable competitive
        quality as markets described in subparagraphs (A) and (B).
      (2) Revised purchase and sale obligation for new facilities
        (A) After August 8, 2005, no electric utility shall be required
      pursuant to this section to enter into a new contract or
      obligation to purchase from or sell electric energy to a facility
      that is not an existing qualifying cogeneration facility unless
      the facility meets the criteria for qualifying cogeneration
      facilities established by the Commission pursuant to the
      rulemaking required by subsection (n) of this section.
        (B) For the purposes of this paragraph, the term "existing
      qualifying cogeneration facility" means a facility that - 
          (i) was a qualifying cogeneration facility on August 8, 2005;
        or
          (ii) had filed with the Commission a notice of self-
        certification, self recertification or an application for
        Commission certification under 18 CFR 292.207 prior to the date
        on which the Commission issues the final rule required by
        subsection (n) of this section.
      (3) Commission review
        Any electric utility may file an application with the
      Commission for relief from the mandatory purchase obligation
      pursuant to this subsection on a service territory-wide basis.
      Such application shall set forth the factual basis upon which
      relief is requested and describe why the conditions set forth in
      subparagraph (A), (B), or (C) of paragraph (1) of this subsection
      have been met. After notice, including sufficient notice to
      potentially affected qualifying cogeneration facilities and
      qualifying small power production facilities, and an opportunity
      for comment, the Commission shall make a final determination
      within 90 days of such application regarding whether the
      conditions set forth in subparagraph (A), (B), or (C) of
      paragraph (1) have been met.
      (4) Reinstatement of obligation to purchase
        At any time after the Commission makes a finding under
      paragraph (3) relieving an electric utility of its obligation to
      purchase electric energy, a qualifying cogeneration facility, a
      qualifying small power production facility, a State agency, or
      any other affected person may apply to the Commission for an
      order reinstating the electric utility's obligation to purchase
      electric energy under this section. Such application shall set
      forth the factual basis upon which the application is based and
      describe why the conditions set forth in subparagraph (A), (B),
      or (C) of paragraph (1) of this subsection are no longer met.
      After notice, including sufficient notice to potentially affected
      utilities, and opportunity for comment, the Commission shall
      issue an order within 90 days of such application reinstating the
      electric utility's obligation to purchase electric energy under
      this section if the Commission finds that the conditions set
      forth in subparagraphs (A), (B) or (C) of paragraph (1) which
      relieved the obligation to purchase, are no longer met.
      (5) Obligation to sell
        After August 8, 2005, no electric utility shall be required to
      enter into a new contract or obligation to sell electric energy
      to a qualifying cogeneration facility or a qualifying small power
      production facility under this section if the Commission finds
      that - 
          (A) competing retail electric suppliers are willing and able
        to sell and deliver electric energy to the qualifying
        cogeneration facility or qualifying small power production
        facility; and
          (B) the electric utility is not required by State law to sell
        electric energy in its service territory.
      (6) No effect on existing rights and remedies
        Nothing in this subsection affects the rights or remedies of
      any party under any contract or obligation, in effect or pending
      approval before the appropriate State regulatory authority or non-
      regulated electric utility on August 8, 2005, to purchase
      electric energy or capacity from or to sell electric energy or
      capacity to a qualifying cogeneration facility or qualifying
      small power production facility under this Act (including the
      right to recover costs of purchasing electric energy or
      capacity).
      (7) Recovery of costs
        (A) The Commission shall issue and enforce such regulations as
      are necessary to ensure that an electric utility that purchases
      electric energy or capacity from a qualifying cogeneration
      facility or qualifying small power production facility in
      accordance with any legally enforceable obligation entered into
      or imposed under this section recovers all prudently incurred
      costs associated with the purchase.
        (B) A regulation under subparagraph (A) shall be enforceable in
      accordance with the provisions of law applicable to enforcement
      of regulations under the Federal Power Act (16 U.S.C. 791a et
      seq.).
    (n) Rulemaking for new qualifying facilities
      (1)(A) Not later than 180 days after August 8, 2005, the
    Commission shall issue a rule revising the criteria in 18 CFR
    292.205 for new qualifying cogeneration facilities seeking to sell
    electric energy pursuant to this section to ensure - 
        (i) that the thermal energy output of a new qualifying
      cogeneration facility is used in a productive and beneficial
      manner;
        (ii) the electrical, thermal, and chemical output of the
      cogeneration facility is used fundamentally for industrial,
      commercial, or institutional purposes and is not intended
      fundamentally for sale to an electric utility, taking into
      account technological, efficiency, economic, and variable thermal
      energy requirements, as well as State laws applicable to sales of
      electric energy from a qualifying facility to its host facility;
      and
        (iii) continuing progress in the development of efficient
      electric energy generating technology.

      (B) The rule issued pursuant to paragraph (1)(A) of this
    subsection shall be applicable only to facilities that seek to sell
    electric energy pursuant to this section. For all other purposes,
    except as specifically provided in subsection (m)(2)(A) of this
    section, qualifying facility status shall be determined in
    accordance with the rules and regulations of this Act.
      (2) Notwithstanding rule revisions under paragraph (1), the
    Commission's criteria for qualifying cogeneration facilities in
    effect prior to the date on which the Commission issues the final
    rule required by paragraph (1) shall continue to apply to any
    cogeneration facility that - 
        (A) was a qualifying cogeneration facility on August 8, 2005,
      or
        (B) had filed with the Commission a notice of self-
      certification, self-recertification or an application for
      Commission certification under 18 CFR 292.207 prior to the date
      on which the Commission issues the final rule required by
      paragraph (1).

-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; Pub. L. 109-58,
    title XII, Sec. 1253(a), Aug. 8, 2005, 119 Stat. 967.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsecs. (e), (h), (j)(1),
    and (m)(7)(B), 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,
    title I of act Aug. 26, 1935, ch. 687, 49 Stat. 803, as amended,
    which was classified generally to chapter 2C (Sec. 79 et seq.) of
    Title 15, Commerce and Trade, prior to repeal by Pub. L. 109-58,
    title XII, Sec. 1263, Aug. 8, 2005, 119 Stat. 974. For complete
    classification of this Act to the Code, see 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.
      This Act, referred to in subsecs. (m)(6) and (n)(1)(B), is Pub.
    L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as amended, 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.

-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.
      August 8, 2005, referred to in subsec. (n)(1)(A), was in the
    original "the date of enactment of this section", which was
    translated as meaning the date of enactment of Pub. L. 109-58,
    which enacted subsecs. (m) and (n) of this section, to reflect the
    probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsecs. (m), (n). Pub. L. 109-58 added subsecs. (m) and
    (n).
      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."

-CROSS-
                                DEFINITIONS                            
      For definitions of terms used in this section, see section 2602
    of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be followed by a comma.


-End-



-CITE-
    16 USC Sec. 824a-4                                          01/03/2007

-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,(!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.


    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 (!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.

    (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.)

-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.

-CROSS-
                                DEFINITIONS                            
      For definitions of terms used in this section, see section 2602
    of this title.

-FOOTNOTE-
    (!1) So in original. Comma probably should be deleted.

    (!2) So in original. Probably should be "rights-of-way".


-End-



-CITE-
    16 USC Sec. 824b                                            01/03/2007

-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) Authorization
      (1) No public utility shall, without first having secured an
    order of the Commission authorizing it to do so - 
        (A) 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 $10,000,000;
        (B) merge or consolidate, directly or indirectly, such
      facilities or any part thereof with those of any other person, by
      any means whatsoever;
        (C) purchase, acquire, or take any security with a value in
      excess of $10,000,000 of any other public utility; or
        (D) purchase, lease, or otherwise acquire an existing
      generation facility - 
          (i) that has a value in excess of $10,000,000; and
          (ii) that is used for interstate wholesale sales and over
        which the Commission has jurisdiction for ratemaking purposes.

      (2) No holding company in a holding company system that includes
    a transmitting utility or an electric utility shall purchase,
    acquire, or take any security with a value in excess of $10,000,000
    of, or, by any means whatsoever, directly or indirectly, merge or
    consolidate with, a transmitting utility, an electric utility
    company, or a holding company in a holding company system that
    includes a transmitting utility, or an electric utility company,
    with a value in excess of $10,000,000 without first having secured
    an order of the Commission authorizing it to do so.
      (3) Upon receipt of an 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.
      (4) After notice and opportunity for hearing, the Commission
    shall approve the proposed disposition, consolidation, acquisition,
    or change in control, if it finds that the proposed transaction
    will be consistent with the public interest, and will not result in
    cross-subsidization of a non-utility associate company or the
    pledge or encumbrance of utility assets for the benefit of an
    associate company, unless the Commission determines that the cross-
    subsidization, pledge, or encumbrance will be consistent with the
    public interest.
      (5) The Commission shall, by rule, adopt procedures for the
    expeditious consideration of applications for the approval of
    dispositions, consolidations, or acquisitions, under this section.
    Such rules shall identify classes of transactions, or specify
    criteria for transactions, that normally meet the standards
    established in paragraph (4). The Commission shall provide
    expedited review for such transactions. The Commission shall grant
    or deny any other application for approval of a transaction not
    later than 180 days after the application is filed. If the
    Commission does not act within 180 days, such application shall be
    deemed granted unless the Commission finds, based on good cause,
    that further consideration is required to determine whether the
    proposed transaction meets the standards of paragraph (4) and
    issues an order tolling the time for acting on the application for
    not more than 180 days, at the end of which additional period the
    Commission shall grant or deny the application.
      (6) For purposes of this subsection, the terms "associate
    company", "holding company", and "holding company system" have the
    meaning given those terms in the Public Utility Holding Company Act
    of 2005 [42 U.S.C. 16451 et seq.].
    (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; amended Pub. L. 109-58,
    title XII, Sec. 1289(a), Aug. 8, 2005, 119 Stat. 982.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Utility Holding Company Act of 2005, referred to in
    subsec. (a)(6), is subtitle F of title XII of Pub. L. 109-58, Aug.
    8, 2005, 119 Stat. 972, which is classified principally to part D
    (Sec. 16451 et seq.) of subchapter XII of chapter 149 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 15801
    of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58 amended subsec. (a) generally.
    Prior to amendment, subsec. (a) read as follows: "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."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title XII, Sec. 1289(b), (c), Aug. 8, 2005, 119
    Stat. 983, provided that:
      "(b) Effective Date. - The amendments made by this section
    [amending this section] shall take effect 6 months after the date
    of enactment of this Act [Aug. 8, 2005].
      "(c) Transition Provision. - The amendments made by subsection
    (a) [amending this section] shall not apply to any application
    under section 203 of the Federal Power Act (16 U.S.C. 824b) that
    was filed on or before the date of enactment of this Act [Aug. 8,
    2005]."

-End-



-CITE-
    16 USC Sec. 824c                                            01/03/2007

-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                       
      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, Secs. 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.

-End-



-CITE-
    16 USC Sec. 824d                                            01/03/2007

-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, Secs. 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).

         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.

-End-



-CITE-
    16 USC Sec. 824e                                            01/03/2007

-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 held 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 affecting 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 of the filing of
    such complaint nor later than 5 months after the filing of such
    complaint. 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 of the publication by the Commission of notice of its
    intention to initiate such proceeding nor later than 5 months after
    the publication date. 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 conclusion of the 180-day period
    commencing upon initiation of a proceeding pursuant to this
    section, 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 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.(!1)

    (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.
    (e) Short-term sales
      (1) In this subsection:
        (A) The term "short-term sale" means an agreement for the sale
      of electric energy at wholesale in interstate commerce that is
      for a period of 31 days or less (excluding monthly contracts
      subject to automatic renewal).
        (B) The term "applicable Commission rule" means a Commission
      rule applicable to sales at wholesale by public utilities that
      the Commission determines after notice and comment should also be
      applicable to entities subject to this subsection.

      (2) If an entity described in section 824(f) of this title
    voluntarily makes a short-term sale of electric energy through an
    organized market in which the rates for the sale are established by
    Commission-approved tariff (rather than by contract) and the sale
    violates the terms of the tariff or applicable Commission rules in
    effect at the time of the sale, the entity shall be subject to the
    refund authority of the Commission under this section with respect
    to the violation.
      (3) This section shall not apply to - 
        (A) any entity that sells in total (including affiliates of the
      entity) less than 8,000,000 megawatt hours of electricity per
      year; or
        (B) an electric cooperative.

      (4)(A) The Commission shall have refund authority under paragraph
    (2) with respect to a voluntary short term sale of electric energy
    by the Bonneville Power Administration only if the sale is at an
    unjust and unreasonable rate.
      (B) The Commission may order a refund under subparagraph (A) only
    for short-term sales made by the Bonneville Power Administration at
    rates that are higher than the highest just and reasonable rate
    charged by any other entity for a short-term sale of electric
    energy in the same geographic market for the same, or most nearly
    comparable, period as the sale by the Bonneville Power
    Administration.
      (C) In the case of any Federal power marketing agency or the
    Tennessee Valley Authority, the Commission shall not assert or
    exercise any regulatory authority or power under paragraph (2)
    other than the ordering of refunds to achieve a just and reasonable
    rate.

-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; Pub. L. 109-58, title XII,
    Secs. 1285, 1286, 1295(b), Aug. 8, 2005, 119 Stat. 980, 981, 985.)

-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.
    803, as amended, which was classified generally to chapter 2C (Sec.
    79 et seq.) of Title 15, Commerce and Trade, prior to repeal by
    Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat. 974.
    For complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 1295(b)(1), substituted
    "hearing held" for "hearing had" in first sentence.
      Subsec. (b). Pub. L. 109-58, Sec. 1295(b)(2), struck out "the
    public utility to make" before "refunds of any amounts paid" in
    seventh sentence.
      Pub. L. 109-58, Sec. 1285, in second sentence, substituted "the
    date of the filing of such complaint nor later than 5 months after
    the filing of such complaint" for "the date 60 days after the
    filing of such complaint nor later than 5 months after the
    expiration of such 60-day period", in third sentence, substituted
    "the date of the publication" for "the date 60 days after the
    publication" and "5 months after the publication date" for "5
    months after the expiration of such 60-day period", and in fifth
    sentence, substituted "If no final decision is rendered by the
    conclusion of the 180-day period commencing upon initiation of a
    proceeding pursuant to this section, 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"
    for "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".
      Subsec. (e). Pub. L. 109-58, Sec. 1286, added subsec. (e).
      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."

                     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.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 824f                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 824g                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 824h                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 824i                                            01/03/2007

-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.

      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.

-End-



-CITE-
    16 USC Sec. 824j                                            01/03/2007

-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
      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 - 
        (1) required to be provided to such applicant pursuant to a
      contract during such period, or
        (2) 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 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.
    (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 transmitting 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 (!1)

        (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; Pub. L. 109-58,
    title XII, Sec. 1295(c), Aug. 8, 2005, 119 Stat. 985.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58, Sec. 1295(c)(1), struck out
    par. (2) designation before introductory provisions, redesignated
    former subpars. (A) and (B) as pars. (1) and (2), respectively, and
    in par. (2) substituted "termination or modification" for
    "termination of modification".
      Subsec. (d)(1). Pub. L. 109-58, Sec. 1295(c)(2), substituted "if
    the transmitting utility providing" for "if the electric utility
    providing" in introductory provisions.
      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 796 of this
    title.

-FOOTNOTE-               

    (!1) So in original. The word "or" probably should not appear.


-End-



-CITE-
    16 USC Sec. 824j-1                                          01/03/2007

-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-1. Open access by unregulated transmitting utilities

-STATUTE-
    (a) Definition of unregulated transmitting utility
      In this section, the term "unregulated transmitting utility"
    means an entity that - 
        (1) owns or operates facilities used for the transmission of
      electric energy in interstate commerce; and
        (2) is an entity described in section 824(f) of this title.
    (b) Transmission operation services
      Subject to section 824k(h) of this title, the Commission may, by
    rule or order, require an unregulated transmitting utility to
    provide transmission services - 
        (1) at rates that are comparable to those that the unregulated
      transmitting utility charges itself; and
        (2) on terms and conditions (not relating to rates) that are
      comparable to those under which the unregulated transmitting
      utility provides transmission services to itself and that are not
      unduly discriminatory or preferential.
    (c) Exemption
      The Commission shall exempt from any rule or order under this
    section any unregulated transmitting utility that - 
        (1) sells not more than 4,000,000 megawatt hours of electricity
      per year;
        (2) does not own or operate any transmission facilities that
      are necessary for operating an interconnected transmission system
      (or any portion of the system); or
        (3) meets other criteria the Commission determines to be in the
      public interest.
    (d) Local distribution facilities
      The requirements of subsection (b) of this section shall not
    apply to facilities used in local distribution.
    (e) Exemption termination
      If the Commission, after an evidentiary hearing held on a
    complaint and after giving consideration to reliability standards
    established under section 824o of this title, finds on the basis of
    a preponderance of the evidence that any exemption granted pursuant
    to subsection (c) of this section unreasonably impairs the
    continued reliability of an interconnected transmission system, the
    Commission shall revoke the exemption granted to the transmitting
    utility.
    (f) Application to unregulated transmitting utilities
      The rate changing procedures applicable to public utilities under
    subsections (c) and (d) of section 824d of this title are
    applicable to unregulated transmitting utilities for purposes of
    this section.
    (g) Remand
      In exercising authority under subsection (b)(1) of this section,
    the Commission may remand transmission rates to an unregulated
    transmitting utility for review and revision if necessary to meet
    the requirements of subsection (b) of this section.
    (h) Other requests
      The provision of transmission services under subsection (b) of
    this section does not preclude a request for transmission services
    under section 824j of this title.
    (i) Limitation
      The Commission may not require a State or municipality to take
    action under this section that would violate a private activity
    bond rule for purposes of section 141 of title 26.
    (j) Transfer of control of transmitting facilities
      Nothing in this section authorizes the Commission to require an
    unregulated transmitting utility to transfer control or operational
    control of its transmitting facilities to a Transmission
    Organization that is designated to provide nondiscriminatory
    transmission access.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 211A, as added Pub. L. 109-
    58, title XII, Sec. 1231, Aug. 8, 2005, 119 Stat. 955.)

-End-



-CITE-
    16 USC Sec. 824k                                            01/03/2007

-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.


-MISC1-
                                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 796 of this
    title.

-End-



-CITE-
    16 USC Sec. 824l                                            01/03/2007

-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 796 of this title.

-End-



-CITE-
    16 USC Sec. 824m                                            01/03/2007

-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 16451 of title 42.(!1)


-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; amended
    Pub. L. 109-58, title XII, Sec. 1277(b)(2), Aug. 8, 2005, 119 Stat.
    978.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 16451 of title 42, referred to in text, was in the
    original "section 2(a) of the Public Utility Holding Company Act of
    2005" and was translated as reading "section 1262" of that Act,
    meaning section 1262 of subtitle F of title XII of Pub. L. 109-58,
    to reflect the probable intent of Congress, because subtitle F of
    title XII of Pub. L. 109-58 does not contain a section 2 and
    section 1262 of subtitle F of title XII of Pub. L. 109-58 defines
    terms.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 substituted "section 16451 of title 42" for
    "section 79b(a) of title 15".

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-58 effective 6 months after Aug. 8,
    2005, with provisions relating to effect of compliance with certain
    regulations approved and made effective prior to such date, see
    section 1274 of Pub. L. 109-58, set out as an Effective Date note
    under section 16451 of Title 42, The Public Health and Welfare.

                      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 796 of this title.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 824n                                            01/03/2007

-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. Repealed.

-MISC1-
    Sec. 824n. Repealed. Pub. L. 109-58, title XII, Sec. 1232(e)(3),
      Aug. 8, 2005, 119 Stat. 957.
      Section, Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 311],
    Oct. 27, 2000, 114 Stat. 1441, 1441A-80, related to authority
    regarding formation and operation of regional transmission
    organizations.

-End-



-CITE-
    16 USC Sec. 824o                                            01/03/2007

-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. 824o. Electric reliability

-STATUTE-
    (a) Definitions
      For purposes of this section:
        (1) The term "bulk-power system" means - 
          (A) facilities and control systems necessary for operating an
        interconnected electric energy transmission network (or any
        portion thereof); and
          (B) electric energy from generation facilities needed to
        maintain transmission system reliability.

      The term does not include facilities used in the local
      distribution of electric energy.
        (2) The terms "Electric Reliability Organization" and "ERO"
      mean the organization certified by the Commission under
      subsection (c) of this section the purpose of which is to
      establish and enforce reliability standards for the bulk-power
      system, subject to Commission review.
        (3) The term "reliability standard" means a requirement,
      approved by the Commission under this section, to provide for
      reliable operation of the bulk-power system. The term includes
      requirements for the operation of existing bulk-power system
      facilities, including cybersecurity protection, and the design of
      planned additions or modifications to such facilities to the
      extent necessary to provide for reliable operation of the bulk-
      power system, but the term does not include any requirement to
      enlarge such facilities or to construct new transmission capacity
      or generation capacity.
        (4) The term "reliable operation" means operating the elements
      of the bulk-power system within equipment and electric system
      thermal, voltage, and stability limits so that instability,
      uncontrolled separation, or cascading failures of such system
      will not occur as a result of a sudden disturbance, including a
      cybersecurity incident, or unanticipated failure of system
      elements.
        (5) The term "Interconnection" means a geographic area in which
      the operation of bulk-power system components is synchronized
      such that the failure of one or more of such components may
      adversely affect the ability of the operators of other components
      within the system to maintain reliable operation of the
      facilities within their control.
        (6) The term "transmission organization" means a Regional
      Transmission Organization, Independent System Operator,
      independent transmission provider, or other transmission
      organization finally approved by the Commission for the operation
      of transmission facilities.
        (7) The term "regional entity" means an entity having
      enforcement authority pursuant to subsection (e)(4) of this
      section.
        (8) The term "cybersecurity incident" means a malicious act or
      suspicious event that disrupts, or was an attempt to disrupt, the
      operation of those programmable electronic devices and
      communication networks including hardware, software and data that
      are essential to the reliable operation of the bulk power system.
    (b) Jurisdiction and applicability
      (1) The Commission shall have jurisdiction, within the United
    States, over the ERO certified by the Commission under subsection
    (c) of this section, any regional entities, and all users, owners
    and operators of the bulk-power system, including but not limited
    to the entities described in section 824(f) of this title, for
    purposes of approving reliability standards established under this
    section and enforcing compliance with this section. All users,
    owners and operators of the bulk-power system shall comply with
    reliability standards that take effect under this section.
      (2) The Commission shall issue a final rule to implement the
    requirements of this section not later than 180 days after August
    8, 2005.
    (c) Certification
      Following the issuance of a Commission rule under subsection
    (b)(2) of this section, any person may submit an application to the
    Commission for certification as the Electric Reliability
    Organization. The Commission may certify one such ERO if the
    Commission determines that such ERO - 
        (1) has the ability to develop and enforce, subject to
      subsection (e)(2) of this section, reliability standards that
      provide for an adequate level of reliability of the bulk-power
      system; and
        (2) has established rules that - 
          (A) assure its independence of the users and owners and
        operators of the bulk-power system, while assuring fair
        stakeholder representation in the selection of its directors
        and balanced decisionmaking in any ERO committee or subordinate
        organizational structure;
          (B) allocate equitably reasonable dues, fees, and other
        charges among end users for all activities under this section;
          (C) provide fair and impartial procedures for enforcement of
        reliability standards through the imposition of penalties in
        accordance with subsection (e) of this section (including
        limitations on activities, functions, or operations, or other
        appropriate sanctions);
          (D) provide for reasonable notice and opportunity for public
        comment, due process, openness, and balance of interests in
        developing reliability standards and otherwise exercising its
        duties; and
          (E) provide for taking, after certification, appropriate
        steps to gain recognition in Canada and Mexico.
    (d) Reliability standards
      (1) The Electric Reliability Organization shall file each
    reliability standard or modification to a reliability standard that
    it proposes to be made effective under this section with the
    Commission.
      (2) The Commission may approve, by rule or order, a proposed
    reliability standard or modification to a reliability standard if
    it determines that the standard is just, reasonable, not unduly
    discriminatory or preferential, and in the public interest. The
    Commission shall give due weight to the technical expertise of the
    Electric Reliability Organization with respect to the content of a
    proposed standard or modification to a reliability standard and to
    the technical expertise of a regional entity organized on an
    Interconnection-wide basis with respect to a reliability standard
    to be applicable within that Interconnection, but shall not defer
    with respect to the effect of a standard on competition. A proposed
    standard or modification shall take effect upon approval by the
    Commission.
      (3) The Electric Reliability Organization shall rebuttably
    presume that a proposal from a regional entity organized on an
    Interconnection-wide basis for a reliability standard or
    modification to a reliability standard to be applicable on an
    Interconnection-wide basis is just, reasonable, and not unduly
    discriminatory or preferential, and in the public interest.
      (4) The Commission shall remand to the Electric Reliability
    Organization for further consideration a proposed reliability
    standard or a modification to a reliability standard that the
    Commission disapproves in whole or in part.
      (5) The Commission, upon its own motion or upon complaint, may
    order the Electric Reliability Organization to submit to the
    Commission a proposed reliability standard or a modification to a
    reliability standard that addresses a specific matter if the
    Commission considers such a new or modified reliability standard
    appropriate to carry out this section.
      (6) The final rule adopted under subsection (b)(2) of this
    section shall include fair processes for the identification and
    timely resolution of any conflict between a reliability standard
    and any function, rule, order, tariff, rate schedule, or agreement
    accepted, approved, or ordered by the Commission applicable to a
    transmission organization. Such transmission organization shall
    continue to comply with such function, rule, order, tariff, rate
    schedule or agreement accepted, approved, or ordered by the
    Commission until - 
        (A) the Commission finds a conflict exists between a
      reliability standard and any such provision;
        (B) the Commission orders a change to such provision pursuant
      to section 824e of this title; and
        (C) the ordered change becomes effective under this subchapter.

    If the Commission determines that a reliability standard needs to
    be changed as a result of such a conflict, it shall order the ERO
    to develop and file with the Commission a modified reliability
    standard under paragraph (4) or (5) of this subsection.
    (e) Enforcement
      (1) The ERO may impose, subject to paragraph (2), a penalty on a
    user or owner or operator of the bulk-power system for a violation
    of a reliability standard approved by the Commission under
    subsection (d) of this section if the ERO, after notice and an
    opportunity for a hearing - 
        (A) finds that the user or owner or operator has violated a
      reliability standard approved by the Commission under subsection
      (d) of this section; and
        (B) files notice and the record of the proceeding with the
      Commission.

      (2) A penalty imposed under paragraph (1) may take effect not
    earlier than the 31st day after the ERO files with the Commission
    notice of the penalty and the record of proceedings. Such penalty
    shall be subject to review by the Commission, on its own motion or
    upon application by the user, owner or operator that is the subject
    of the penalty filed within 30 days after the date such notice is
    filed with the Commission. Application to the Commission for
    review, or the initiation of review by the Commission on its own
    motion, shall not operate as a stay of such penalty unless the
    Commission otherwise orders upon its own motion or upon application
    by the user, owner or operator that is the subject of such penalty.
    In any proceeding to review a penalty imposed under paragraph (1),
    the Commission, after notice and opportunity for hearing (which
    hearing may consist solely of the record before the ERO and
    opportunity for the presentation of supporting reasons to affirm,
    modify, or set aside the penalty), shall by order affirm, set
    aside, reinstate, or modify the penalty, and, if appropriate,
    remand to the ERO for further proceedings. The Commission shall
    implement expedited procedures for such hearings.
      (3) On its own motion or upon complaint, the Commission may order
    compliance with a reliability standard and may impose a penalty
    against a user or owner or operator of the bulk-power system if the
    Commission finds, after notice and opportunity for a hearing, that
    the user or owner or operator of the bulk-power system has engaged
    or is about to engage in any acts or practices that constitute or
    will constitute a violation of a reliability standard.
      (4) The Commission shall issue regulations authorizing the ERO to
    enter into an agreement to delegate authority to a regional entity
    for the purpose of proposing reliability standards to the ERO and
    enforcing reliability standards under paragraph (1) if - 
        (A) the regional entity is governed by - 
          (i) an independent board;
          (ii) a balanced stakeholder board; or
          (iii) a combination independent and balanced stakeholder
        board.

        (B) the regional entity otherwise satisfies the provisions of
      subsection (c)(1) and (2) of this section; and
        (C) the agreement promotes effective and efficient
      administration of bulk-power system reliability.

    The Commission may modify such delegation. The ERO and the
    Commission shall rebuttably presume that a proposal for delegation
    to a regional entity organized on an Interconnection-wide basis
    promotes effective and efficient administration of bulk-power
    system reliability and should be approved. Such regulation may
    provide that the Commission may assign the ERO's authority to
    enforce reliability standards under paragraph (1) directly to a
    regional entity consistent with the requirements of this paragraph.
      (5) The Commission may take such action as is necessary or
    appropriate against the ERO or a regional entity to ensure
    compliance with a reliability standard or any Commission order
    affecting the ERO or a regional entity.
      (6) Any penalty imposed under this section shall bear a
    reasonable relation to the seriousness of the violation and shall
    take into consideration the efforts of such user, owner, or
    operator to remedy the violation in a timely manner.
    (f) Changes in Electric Reliability Organization rules
      The Electric Reliability Organization shall file with the
    Commission for approval any proposed rule or proposed rule change,
    accompanied by an explanation of its basis and purpose. The
    Commission, upon its own motion or complaint, may propose a change
    to the rules of the ERO. A proposed rule or proposed rule change
    shall take effect upon a finding by the Commission, after notice
    and opportunity for comment, that the change is just, reasonable,
    not unduly discriminatory or preferential, is in the public
    interest, and satisfies the requirements of subsection (c) of this
    section.
    (g) Reliability reports
      The ERO shall conduct periodic assessments of the reliability and
    adequacy of the bulk-power system in North America.
    (h) Coordination with Canada and Mexico
      The President is urged to negotiate international agreements with
    the governments of Canada and Mexico to provide for effective
    compliance with reliability standards and the effectiveness of the
    ERO in the United States and Canada or Mexico.
    (i) Savings provisions
      (1) The ERO shall have authority to develop and enforce
    compliance with reliability standards for only the bulk-power
    system.
      (2) This section does not authorize the ERO or the Commission to
    order the construction of additional generation or transmission
    capacity or to set and enforce compliance with standards for
    adequacy or safety of electric facilities or services.
      (3) Nothing in this section shall be construed to preempt any
    authority of any State to take action to ensure the safety,
    adequacy, and reliability of electric service within that State, as
    long as such action is not inconsistent with any reliability
    standard, except that the State of New York may establish rules
    that result in greater reliability within that State, as long as
    such action does not result in lesser reliability outside the State
    than that provided by the reliability standards.
      (4) Within 90 days of the application of the Electric Reliability
    Organization or other affected party, and after notice and
    opportunity for comment, the Commission shall issue a final order
    determining whether a State action is inconsistent with a
    reliability standard, taking into consideration any recommendation
    of the ERO.
      (5) The Commission, after consultation with the ERO and the State
    taking action, may stay the effectiveness of any State action,
    pending the Commission's issuance of a final order.
    (j) Regional advisory bodies
      The Commission shall establish a regional advisory body on the
    petition of at least two-thirds of the States within a region that
    have more than one-half of their electric load served within the
    region. A regional advisory body shall be composed of one member
    from each participating State in the region, appointed by the
    Governor of each State, and may include representatives of
    agencies, States, and provinces outside the United States. A
    regional advisory body may provide advice to the Electric
    Reliability Organization, a regional entity, or the Commission
    regarding the governance of an existing or proposed regional entity
    within the same region, whether a standard proposed to apply within
    the region is just, reasonable, not unduly discriminatory or
    preferential, and in the public interest, whether fees proposed to
    be assessed within the region are just, reasonable, not unduly
    discriminatory or preferential, and in the public interest and any
    other responsibilities requested by the Commission. The Commission
    may give deference to the advice of any such regional advisory body
    if that body is organized on an Interconnection-wide basis.
    (k) Alaska and Hawaii
      The provisions of this section do not apply to Alaska or Hawaii.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 215, as added Pub. L. 109-58,
    title XII, Sec. 1211(a), Aug. 8, 2005, 119 Stat. 941.)


-MISC1-
                               STATUS OF ERO                           
      Pub. L. 109-58, title XII, Sec. 1211(b), Aug. 8, 2005, 119 Stat.
    946, provided that: "The Electric Reliability Organization
    certified by the Federal Energy Regulatory Commission under section
    215(c) of the Federal Power Act [16 U.S.C. 824o(c)] and any
    regional entity delegated enforcement authority pursuant to section
    215(e)(4) of that Act [16 U.S.C. 824o(e)(4)] are not departments,
    agencies, or instrumentalities of the United States Government."

                   ACCESS APPROVALS BY FEDERAL AGENCIES               
      Pub. L. 109-58, title XII, Sec. 1211(c), Aug. 8, 2005, 119 Stat.
    946, provided that: "Federal agencies responsible for approving
    access to electric transmission or distribution facilities located
    on lands within the United States shall, in accordance with
    applicable law, expedite any Federal agency approvals that are
    necessary to allow the owners or operators of such facilities to
    comply with any reliability standard, approved by the [Federal
    Energy Regulatory] Commission under section 215 of the Federal
    Power Act [16 U.S.C. 824o], that pertains to vegetation management,
    electric service restoration, or resolution of situations that
    imminently endanger the reliability or safety of the facilities."

-End-



-CITE-
    16 USC Sec. 824p                                            01/03/2007

-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. 824p. Siting of interstate electric transmission facilities

-STATUTE-
    (a) Designation of national interest electric transmission
      corridors
      (1) Not later than 1 year after August 8, 2005, and every 3 years
    thereafter, the Secretary of Energy (referred to in this section as
    the "Secretary"), in consultation with affected States, shall
    conduct a study of electric transmission congestion.
      (2) After considering alternatives and recommendations from
    interested parties (including an opportunity for comment from
    affected States), the Secretary shall issue a report, based on the
    study, which may designate any geographic area experiencing
    electric energy transmission capacity constraints or congestion
    that adversely affects consumers as a national interest electric
    transmission corridor.
      (3) The Secretary shall conduct the study and issue the report in
    consultation with any appropriate regional entity referred to in
    section 824o of this title.
      (4) In determining whether to designate a national interest
    electric transmission corridor under paragraph (2), the Secretary
    may consider whether - 
        (A) the economic vitality and development of the corridor, or
      the end markets served by the corridor, may be constrained by
      lack of adequate or reasonably priced electricity;
        (B)(i) economic growth in the corridor, or the end markets
      served by the corridor, may be jeopardized by reliance on limited
      sources of energy; and
        (ii) a diversification of supply is warranted;
        (C) the energy independence of the United States would be
      served by the designation;
        (D) the designation would be in the interest of national energy
      policy; and
        (E) the designation would enhance national defense and homeland
      security.
    (b) Construction permit
      Except as provided in subsection (i) of this section, the
    Commission may, after notice and an opportunity for hearing, issue
    one or more permits for the construction or modification of
    electric transmission facilities in a national interest electric
    transmission corridor designated by the Secretary under subsection
    (a) of this section if the Commission finds that - 
        (1)(A) a State in which the transmission facilities are to be
      constructed or modified does not have authority to - 
          (i) approve the siting of the facilities; or
          (ii) consider the interstate benefits expected to be achieved
        by the proposed construction or modification of transmission
        facilities in the State;

        (B) the applicant for a permit is a transmitting utility under
      this chapter but does not qualify to apply for a permit or siting
      approval for the proposed project in a State because the
      applicant does not serve end-use customers in the State; or
        (C) a State commission or other entity that has authority to
      approve the siting of the facilities has - 
          (i) withheld approval for more than 1 year after the filing
        of an application seeking approval pursuant to applicable law
        or 1 year after the designation of the relevant national
        interest electric transmission corridor, whichever is later; or
          (ii) conditioned its approval in such a manner that the
        proposed construction or modification will not significantly
        reduce transmission congestion in interstate commerce or is not
        economically feasible;

        (2) the facilities to be authorized by the permit will be used
      for the transmission of electric energy in interstate commerce;
        (3) the proposed construction or modification is consistent
      with the public interest;
        (4) the proposed construction or modification will
      significantly reduce transmission congestion in interstate
      commerce and protects or benefits consumers;
        (5) the proposed construction or modification is consistent
      with sound national energy policy and will enhance energy
      independence; and
        (6) the proposed modification will maximize, to the extent
      reasonable and economical, the transmission capabilities of
      existing towers or structures.
    (c) Permit applications
      (1) Permit applications under subsection (b) of this section
    shall be made in writing to the Commission.
      (2) The Commission shall issue rules specifying - 
        (A) the form of the application;
        (B) the information to be contained in the application; and
        (C) the manner of service of notice of the permit application
      on interested persons.
    (d) Comments
      In any proceeding before the Commission under subsection (b) of
    this section, the Commission shall afford each State in which a
    transmission facility covered by the permit is or will be located,
    each affected Federal agency and Indian tribe, private property
    owners, and other interested persons, a reasonable opportunity to
    present their views and recommendations with respect to the need
    for and impact of a facility covered by the permit.
    (e) Rights-of-way
      (1) In the case of a permit under subsection (b) of this section
    for electric transmission facilities to be located on property
    other than property owned by the United States or a State, if the
    permit holder cannot acquire by contract, or is unable to agree
    with the owner of the property to the compensation to be paid for,
    the necessary right-of-way to construct or modify the transmission
    facilities, the permit holder may acquire the right-of-way by the
    exercise of the right of eminent domain in the district court of
    the United States for the district in which the property concerned
    is located, or in the appropriate court of the State in which the
    property is located.
      (2) Any right-of-way acquired under paragraph (1) shall be used
    exclusively for the construction or modification of electric
    transmission facilities within a reasonable period of time after
    the acquisition.
      (3) The practice and procedure in any action or proceeding under
    this subsection in the district court of the United States shall
    conform as nearly as practicable to the practice and procedure in a
    similar action or proceeding in the courts of the State in which
    the property is located.
      (4) Nothing in this subsection shall be construed to authorize
    the use of eminent domain to acquire a right-of-way for any purpose
    other than the construction, modification, operation, or
    maintenance of electric transmission facilities and related
    facilities. The right-of-way cannot be used for any other purpose,
    and the right-of-way shall terminate upon the termination of the
    use for which the right-of-way was acquired.
    (f) Compensation
      (1) Any right-of-way acquired pursuant to subsection (e) of this
    section shall be considered a taking of private property for which
    just compensation is due.
      (2) Just compensation shall be an amount equal to the fair market
    value (including applicable severance damages) of the property
    taken on the date of the exercise of eminent domain authority.
    (g) State law
      Nothing in this section precludes any person from constructing or
    modifying any transmission facility in accordance with State law.
    (h) Coordination of Federal authorizations for transmission
      facilities
      (1) In this subsection:
        (A) The term "Federal authorization" means any authorization
      required under Federal law in order to site a transmission
      facility.
        (B) The term "Federal authorization" includes such permits,
      special use authorizations, certifications, opinions, or other
      approvals as may be required under Federal law in order to site a
      transmission facility.

      (2) The Department of Energy shall act as the lead agency for
    purposes of coordinating all applicable Federal authorizations and
    related environmental reviews of the facility.
      (3) To the maximum extent practicable under applicable Federal
    law, the Secretary shall coordinate the Federal authorization and
    review process under this subsection with any Indian tribes,
    multistate entities, and State agencies that are responsible for
    conducting any separate permitting and environmental reviews of the
    facility, to ensure timely and efficient review and permit
    decisions.
      (4)(A) As head of the lead agency, the Secretary, in consultation
    with agencies responsible for Federal authorizations and, as
    appropriate, with Indian tribes, multistate entities, and State
    agencies that are willing to coordinate their own separate
    permitting and environmental reviews with the Federal authorization
    and environmental reviews, shall establish prompt and binding
    intermediate milestones and ultimate deadlines for the review of,
    and Federal authorization decisions relating to, the proposed
    facility.
      (B) The Secretary shall ensure that, once an application has been
    submitted with such data as the Secretary considers necessary, all
    permit decisions and related environmental reviews under all
    applicable Federal laws shall be completed - 
        (i) within 1 year; or
        (ii) if a requirement of another provision of Federal law does
      not permit compliance with clause (i), as soon thereafter as is
      practicable.

      (C) The Secretary shall provide an expeditious pre-application
    mechanism for prospective applicants to confer with the agencies
    involved to have each such agency determine and communicate to the
    prospective applicant not later than 60 days after the prospective
    applicant submits a request for such information concerning - 
        (i) the likelihood of approval for a potential facility; and
        (ii) key issues of concern to the agencies and public.

      (5)(A) As lead agency head, the Secretary, in consultation with
    the affected agencies, shall prepare a single environmental review
    document, which shall be used as the basis for all decisions on the
    proposed project under Federal law.
      (B) The Secretary and the heads of other agencies shall
    streamline the review and permitting of transmission within
    corridors designated under section 503 of the Federal Land Policy
    and Management Act (!1) (43 U.S.C. 1763) by fully taking into
    account prior analyses and decisions relating to the corridors.

      (C) The document shall include consideration by the relevant
    agencies of any applicable criteria or other matters as required
    under applicable law.
      (6)(A) If any agency has denied a Federal authorization required
    for a transmission facility, or has failed to act by the deadline
    established by the Secretary pursuant to this section for deciding
    whether to issue the authorization, the applicant or any State in
    which the facility would be located may file an appeal with the
    President, who shall, in consultation with the affected agency,
    review the denial or failure to take action on the pending
    application.
      (B) Based on the overall record and in consultation with the
    affected agency, the President may - 
        (i) issue the necessary authorization with any appropriate
      conditions; or
        (ii) deny the application.

      (C) The President shall issue a decision not later than 90 days
    after the date of the filing of the appeal.
      (D) In making a decision under this paragraph, the President
    shall comply with applicable requirements of Federal law, including
    any requirements of - 
        (i) the National Forest Management Act of 1976 (16 U.S.C. 472a
      et seq.);
        (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
      seq.);
        (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251
      et seq.);
        (iv) the National Environmental Policy Act of 1969 (42 U.S.C.
      4321 et seq.); and
        (v) the Federal Land Policy and Management Act of 1976 (43
      U.S.C. 1701 et seq.).

      (7)(A) Not later than 18 months after August 8, 2005, the
    Secretary shall issue any regulations necessary to implement this
    subsection.
      (B)(i) Not later than 1 year after August 8, 2005, the Secretary
    and the heads of all Federal agencies with authority to issue
    Federal authorizations shall enter into a memorandum of
    understanding to ensure the timely and coordinated review and
    permitting of electricity transmission facilities.
      (ii) Interested Indian tribes, multistate entities, and State
    agencies may enter the memorandum of understanding.
      (C) The head of each Federal agency with authority to issue a
    Federal authorization shall designate a senior official responsible
    for, and dedicate sufficient other staff and resources to ensure,
    full implementation of the regulations and memorandum required
    under this paragraph.
      (8)(A) Each Federal land use authorization for an electricity
    transmission facility shall be issued - 
        (i) for a duration, as determined by the Secretary,
      commensurate with the anticipated use of the facility; and
        (ii) with appropriate authority to manage the right-of-way for
      reliability and environmental protection.

      (B) On the expiration of the authorization (including an
    authorization issued before August 8, 2005), the authorization
    shall be reviewed for renewal taking fully into account reliance on
    such electricity infrastructure, recognizing the importance of the
    authorization for public health, safety, and economic welfare and
    as a legitimate use of Federal land.
      (9) In exercising the responsibilities under this section, the
    Secretary shall consult regularly with - 
        (A) the Federal Energy Regulatory Commission;
        (B) electric reliability organizations (including related
      regional entities) approved by the Commission; and
        (C) Transmission Organizations approved by the Commission.
    (i) Interstate compacts
      (1) The consent of Congress is given for three or more contiguous
    States to enter into an interstate compact, subject to approval by
    Congress, establishing regional transmission siting agencies to - 
        (A) facilitate siting of future electric energy transmission
      facilities within those States; and
        (B) carry out the electric energy transmission siting
      responsibilities of those States.

      (2) The Secretary may provide technical assistance to regional
    transmission siting agencies established under this subsection.
      (3) The regional transmission siting agencies shall have the
    authority to review, certify, and permit siting of transmission
    facilities, including facilities in national interest electric
    transmission corridors (other than facilities on property owned by
    the United States).
      (4) The Commission shall have no authority to issue a permit for
    the construction or modification of an electric transmission
    facility within a State that is a party to a compact, unless the
    members of the compact are in disagreement and the Secretary makes,
    after notice and an opportunity for a hearing, the finding
    described in subsection (b)(1)(C) of this section.
    (j) Relationship to other laws
      (1) Except as specifically provided, nothing in this section
    affects any requirement of an environmental law of the United
    States, including the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.).
      (2) Subsection (h)(6) of this section shall not apply to any unit
    of the National Park System, the National Wildlife Refuge System,
    the National Wild and Scenic Rivers System, the National Trails
    System, the National Wilderness Preservation System, or a National
    Monument.
    (k) ERCOT
      This section shall not apply within the area referred to in
    section 824k(k)(2)(A) of this title.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 216, as added Pub. L. 109-58,
    title XII, Sec. 1221(a), Aug. 8, 2005, 119 Stat. 946.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Forest Management Act of 1976, referred to in
    subsec. (h)(6)(D)(i), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat.
    2949, as amended, which enacted sections 472a, 521b, 1600, and 1611
    to 1614 of this title, amended sections 500, 515, 516, 518, 576b,
    and 1601 to 1610 of this title, repealed sections 476, 513, and 514
    of this title, and enacted provisions set out as notes under
    sections 476, 513, 528, 594-2, and 1600 of this title. For complete
    classification of this Act to the Code, see Short Title of 1976
    Amendment note set out under section 1600 of this title and Tables.
      The Endangered Species Act of 1973, referred to in subsec.
    (h)(6)(D)(ii), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as
    amended, which is classified principally 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 Federal Water Pollution Control Act, referred to in subsec.
    (h)(6)(D)(iii), is act June 30, 1948, ch. 758, as amended generally
    by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
    Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsecs. (h)(6)(D)(iv) and (j), 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 Land Policy and Management Act of 1976, referred to
    in subsec. (h)(6)(D)(v), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
    2743, as amended, which is classified principally to chapter 35
    (Sec. 1701 et seq.) of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 43 and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "of 1976".


-End-



-CITE-
    16 USC Sec. 824q                                            01/03/2007

-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. 824q. Native load service obligation

-STATUTE-
    (a) Definitions
      In this section:
        (1) The term "distribution utility" means an electric utility
      that has a service obligation to end-users or to a State utility
      or electric cooperative that, directly or indirectly, through one
      or more additional State utilities or electric cooperatives,
      provides electric service to end-users.
        (2) The term "load-serving entity" means a distribution utility
      or an electric utility that has a service obligation.
        (3) The term "service obligation" means a requirement
      applicable to, or the exercise of authority granted to, an
      electric utility under Federal, State, or local law or under long-
      term contracts to provide electric service to end-users or to a
      distribution utility.
        (4) The term "State utility" means a State or any political
      subdivision of a State, or any agency, authority, or
      instrumentality of any one or more of the foregoing, or a
      corporation that is wholly owned, directly or indirectly, by any
      one or more of the foregoing, competent to carry on the business
      of developing, transmitting, utilizing, or distributing power.
    (b) Meeting service obligations
      (1) Paragraph (2) applies to any load-serving entity that, as of
    August 8, 2005 - 
        (A) owns generation facilities, markets the output of Federal
      generation facilities, or holds rights under one or more
      wholesale contracts to purchase electric energy, for the purpose
      of meeting a service obligation; and
        (B) by reason of ownership of transmission facilities, or one
      or more contracts or service agreements for firm transmission
      service, holds firm transmission rights for delivery of the
      output of the generation facilities or the purchased energy to
      meet the service obligation.

      (2) Any load-serving entity described in paragraph (1) is
    entitled to use the firm transmission rights, or, equivalent
    tradable or financial transmission rights, in order to deliver the
    output or purchased energy, or the output of other generating
    facilities or purchased energy to the extent deliverable using the
    rights, to the extent required to meet the service obligation of
    the load-serving entity.
      (3)(A) To the extent that all or a portion of the service
    obligation covered by the firm transmission rights or equivalent
    tradable or financial transmission rights is transferred to another
    load-serving entity, the successor load-serving entity shall be
    entitled to use the firm transmission rights or equivalent tradable
    or financial transmission rights associated with the transferred
    service obligation.
      (B) Subsequent transfers to another load-serving entity, or back
    to the original load-serving entity, shall be entitled to the same
    rights.
      (4) The Commission shall exercise the authority of the Commission
    under this chapter in a manner that facilitates the planning and
    expansion of transmission facilities to meet the reasonable needs
    of load-serving entities to satisfy the service obligations of the
    load-serving entities, and enables load-serving entities to secure
    firm transmission rights (or equivalent tradable or financial
    rights) on a long-term basis for long-term power supply
    arrangements made, or planned, to meet such needs.
    (c) Allocation of transmission rights
      Nothing in subsections (b)(1), (b)(2), and (b)(3) of this section
    shall affect any existing or future methodology employed by a
    Transmission Organization for allocating or auctioning transmission
    rights if such Transmission Organization was authorized by the
    Commission to allocate or auction financial transmission rights on
    its system as of January 1, 2005, and the Commission determines
    that any future allocation or auction is just, reasonable and not
    unduly discriminatory or preferential, provided, however, that if
    such a Transmission Organization never allocated financial
    transmission rights on its system that pertained to a period before
    January 1, 2005, with respect to any application by such
    Transmission Organization that would change its methodology the
    Commission shall exercise its authority in a manner consistent with
    the (!1) chapter and that takes into account the policies expressed
    in subsections (b)(1), (b)(2), and (b)(3) of this section as
    applied to firm transmission rights held by a load-serving entity
    as of January 1, 2005, to the extent the associated generation
    ownership or power purchase arrangements remain in effect.

    (d) Certain transmission rights
      The Commission may exercise authority under this chapter to make
    transmission rights not used to meet an obligation covered by
    subsection (b) of this section available to other entities in a
    manner determined by the Commission to be just, reasonable, and not
    unduly discriminatory or preferential.
    (e) Obligation to build
      Nothing in this chapter relieves a load-serving entity from any
    obligation under State or local law to build transmission or
    distribution facilities adequate to meet the service obligations of
    the load-serving entity.
    (f) Contracts
      Nothing in this section shall provide a basis for abrogating any
    contract or service agreement for firm transmission service or
    rights in effect as of August 8, 2005. If an ISO in the Western
    Interconnection had allocated financial transmission rights prior
    to August 8, 2005, but had not done so with respect to one or more
    load-serving entities' firm transmission rights held under
    contracts to which the preceding sentence applies (or held by
    reason of ownership or future ownership of transmission
    facilities), such load-serving entities may not be required,
    without their consent, to convert such firm transmission rights to
    tradable or financial rights, except where the load-serving entity
    has voluntarily joined the ISO as a participating transmission
    owner (or its successor) in accordance with the ISO tariff.
    (g) Water pumping facilities
      The Commission shall ensure that any entity described in section
    824(f) of this title that owns transmission facilities used
    predominately to support its own water pumping facilities shall
    have, with respect to the facilities, protections for transmission
    service comparable to those provided to load-serving entities
    pursuant to this section.
    (h) ERCOT
      This section shall not apply within the area referred to in
    section 824k(k)(2)(A) of this title.
    (i) Jurisdiction
      This section does not authorize the Commission to take any action
    not otherwise within the jurisdiction of the Commission.
    (j) TVA area
      (1) Subject to paragraphs (2) and (3), for purposes of subsection
    (b)(1)(B) of this section, a load-serving entity that is located
    within the service area of the Tennessee Valley Authority and that
    has a firm wholesale power supply contract with the Tennessee
    Valley Authority shall be considered to hold firm transmission
    rights for the transmission of the power provided.
      (2) Nothing in this subsection affects the requirements of
    section 824k(j) of this title.
      (3) The Commission shall not issue an order on the basis of this
    subsection that is contrary to the purposes of section 824k(j) of
    this title.
    (k) Effect of exercising rights
      An entity that to the extent required to meet its service
    obligations exercises rights described in subsection (b) of this
    section shall not be considered by such action as engaging in undue
    discrimination or preference under this chapter.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 217, as added Pub. L. 109-58,
    title XII, Sec. 1233(a), Aug. 8, 2005, 119 Stat. 957.)


-MISC1-
       FERC RULEMAKING ON LONG-TERM TRANSMISSION RIGHTS IN ORGANIZED
                                  MARKETS
      Pub. L. 109-58, title XII, Sec. 1233(b), Aug. 8, 2005, 119 Stat.
    960, provided that: "Within 1 year after the date of enactment of
    this section [Aug. 8, 2005] and after notice and an opportunity for
    comment, the [Federal Energy Regulatory] Commission shall by rule
    or order, implement section 217(b)(4) of the Federal Power Act [16
    U.S.C. 824q(b)(4)] in Transmission Organizations, as defined by
    that Act [16 U.S.C. 791a et seq.] with organized electricity
    markets."

-FOOTNOTE-
    (!1) So in original. Probably should be "this".


-End-



-CITE-
    16 USC Sec. 824r                                            01/03/2007

-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. 824r. Protection of transmission contracts in the Pacific
      Northwest

-STATUTE-
    (a) Definition of electric utility or person
      In this section, the term "electric utility or person" means an
    electric utility or person that - 
        (1) as of August 8, 2005, holds firm transmission rights
      pursuant to contract or by reason of ownership of transmission
      facilities; and
        (2) is located - 
          (A) in the Pacific Northwest, as that region is defined in
        section 839a of this title; or
          (B) in that portion of a State included in the geographic
        area proposed for a regional transmission organization in
        Commission Docket Number RT01-35 on the date on which that
        docket was opened.
    (b) Protection of transmission contracts
      Nothing in this chapter confers on the Commission the authority
    to require an electric utility or person to convert to tradable or
    financial rights - 
        (1) firm transmission rights described in subsection (a) of
      this section; or
        (2) firm transmission rights obtained by exercising contract or
      tariff rights associated with the firm transmission rights
      described in subsection (a) of this section.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 218, as added Pub. L. 109-58,
    title XII, Sec. 1235, Aug. 8, 2005, 119 Stat. 960.)

-End-



-CITE-
    16 USC Sec. 824s                                            01/03/2007

-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. 824s. Transmission infrastructure investment

-STATUTE-
    (a) Rulemaking requirement
      Not later than 1 year after August 8, 2005, the Commission shall
    establish, by rule, incentive-based (including performance-based)
    rate treatments for the transmission of electric energy in
    interstate commerce by public utilities for the purpose of
    benefitting consumers by ensuring reliability and reducing the cost
    of delivered power by reducing transmission congestion.
    (b) Contents
      The rule shall - 
        (1) promote reliable and economically efficient transmission
      and generation of electricity by promoting capital investment in
      the enlargement, improvement, maintenance, and operation of all
      facilities for the transmission of electric energy in interstate
      commerce, regardless of the ownership of the facilities;
        (2) provide a return on equity that attracts new investment in
      transmission facilities (including related transmission
      technologies);
        (3) encourage deployment of transmission technologies and other
      measures to increase the capacity and efficiency of existing
      transmission facilities and improve the operation of the
      facilities; and
        (4) allow recovery of - 
          (A) all prudently incurred costs necessary to comply with
        mandatory reliability standards issued pursuant to section 824o
        of this title; and
          (B) all prudently incurred costs related to transmission
        infrastructure development pursuant to section 824p of this
        title.
    (c) Incentives
      In the rule issued under this section, the Commission shall, to
    the extent within its jurisdiction, provide for incentives to each
    transmitting utility or electric utility that joins a Transmission
    Organization. The Commission shall ensure that any costs
    recoverable pursuant to this subsection may be recovered by such
    utility through the transmission rates charged by such utility or
    through the transmission rates charged by the Transmission
    Organization that provides transmission service to such utility.
    (d) Just and reasonable rates
      All rates approved under the rules adopted pursuant to this
    section, including any revisions to the rules, are subject to the
    requirements of sections 824d and 824e of this title that all
    rates, charges, terms, and conditions be just and reasonable and
    not unduly discriminatory or preferential.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 219, as added Pub. L. 109-58,
    title XII, Sec. 1241, Aug. 8, 2005, 119 Stat. 961.)

-End-



-CITE-
    16 USC Sec. 824t                                            01/03/2007

-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. 824t. Electricity market transparency rules

-STATUTE-
    (a) In general
      (1) The Commission is directed to facilitate price transparency
    in markets for the sale and transmission of electric energy in
    interstate commerce, having due regard for the public interest, the
    integrity of those markets, fair competition, and the protection of
    consumers.
      (2) The Commission may prescribe such rules as the Commission
    determines necessary and appropriate to carry out the purposes of
    this section. The rules shall provide for the dissemination, on a
    timely basis, of information about the availability and prices of
    wholesale electric energy and transmission service to the
    Commission, State commissions, buyers and sellers of wholesale
    electric energy, users of transmission services, and the public.
      (3) The Commission may - 
        (A) obtain the information described in paragraph (2) from any
      market participant; and
        (B) rely on entities other than the Commission to receive and
      make public the information, subject to the disclosure rules in
      subsection (b) of this section.

      (4) In carrying out this section, the Commission shall consider
    the degree of price transparency provided by existing price
    publishers and providers of trade processing services, and shall
    rely on such publishers and services to the maximum extent
    possible. The Commission may establish an electronic information
    system if it determines that existing price publications are not
    adequately providing price discovery or market transparency.
    Nothing in this section, however, shall affect any electronic
    information filing requirements in effect under this chapter as of
    August 8, 2005.
    (b) Exemption of information from disclosure
      (1) Rules described in subsection (a)(2) of this section, if
    adopted, shall exempt from disclosure information the Commission
    determines would, if disclosed, be detrimental to the operation of
    an effective market or jeopardize system security.
      (2) In determining the information to be made available under
    this section and time to make the information available, the
    Commission shall seek to ensure that consumers and competitive
    markets are protected from the adverse effects of potential
    collusion or other anticompetitive behaviors that can be
    facilitated by untimely public disclosure of transaction-specific
    information.
    (c) Information sharing
      (1) Within 180 days of August 8, 2005, the Commission shall
    conclude a memorandum of understanding with the Commodity Futures
    Trading Commission relating to information sharing, which shall
    include, among other things, provisions ensuring that information
    requests to markets within the respective jurisdiction of each
    agency are properly coordinated to minimize duplicative information
    requests, and provisions regarding the treatment of proprietary
    trading information.
      (2) Nothing in this section may be construed to limit or affect
    the exclusive jurisdiction of the Commodity Futures Trading
    Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
    (d) Exemption from reporting requirements
      The Commission shall not require entities who have a de minimis
    market presence to comply with the reporting requirements of this
    section.
    (e) Penalties for violations occurring before notice
      (1) Except as provided in paragraph (2), no person shall be
    subject to any civil penalty under this section with respect to any
    violation occurring more than 3 years before the date on which the
    person is provided notice of the proposed penalty under section
    825o-1 of this title.
      (2) Paragraph (1) shall not apply in any case in which the
    Commission finds that a seller that has entered into a contract for
    the sale of electric energy at wholesale or transmission service
    subject to the jurisdiction of the Commission has engaged in
    fraudulent market manipulation activities materially affecting the
    contract in violation of section 824v of this title.
    (f) ERCOT utilities
      This section shall not apply to a transaction for the purchase or
    sale of wholesale electric energy or transmission services within
    the area described in section 824k(k)(2)(A) of this title.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 220, as added Pub. L. 109-58,
    title XII, Sec. 1281, Aug. 8, 2005, 119 Stat. 978.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Commodity Exchange Act, referred to in subsec. (c)(2), is act
    Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is
    classified generally to chapter 1 (Sec. 1 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see section 1 of Title 7 and Tables.

-End-



-CITE-
    16 USC Sec. 824u                                            01/03/2007

-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. 824u. Prohibition on filing false information

-STATUTE-
      No entity (including an entity described in section 824(f) of
    this title) shall willfully and knowingly report any information
    relating to the price of electricity sold at wholesale or the
    availability of transmission capacity, which information the person
    or any other entity knew to be false at the time of the reporting,
    to a Federal agency with intent to fraudulently affect the data
    being compiled by the Federal agency.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 221, as added Pub. L. 109-58,
    title XII, Sec. 1282, Aug. 8, 2005, 119 Stat. 979.)

-End-



-CITE-
    16 USC Sec. 824v                                            01/03/2007

-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. 824v. Prohibition of energy market manipulation

-STATUTE-
    (a) In general
      It shall be unlawful for any entity (including an entity
    described in section 824(f) of this title), directly or indirectly,
    to use or employ, in connection with the purchase or sale of
    electric energy or the purchase or sale of transmission services
    subject to the jurisdiction of the Commission, any manipulative or
    deceptive device or contrivance (as those terms are used in section
    78j(b) of title 15), in contravention of such rules and regulations
    as the Commission may prescribe as necessary or appropriate in the
    public interest or for the protection of electric ratepayers.
    (b) No private right of action
      Nothing in this section shall be construed to create a private
    right of action.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 222, as added Pub. L. 109-58,
    title XII, Sec. 1283, Aug. 8, 2005, 119 Stat. 979.)

-End-



-CITE-
    16 USC Sec. 824w                                            01/03/2007

-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. 824w. Joint boards on economic dispatch

-STATUTE-
    (a) In general
      The Commission shall convene joint boards on a regional basis
    pursuant to section 824h of this title to study the issue of
    security constrained economic dispatch for the various market
    regions. The Commission shall designate the appropriate regions to
    be covered by each such joint board for purposes of this section.
    (b) Membership
      The Commission shall request each State to nominate a
    representative for the appropriate regional joint board, and shall
    designate a member of the Commission to chair and participate as a
    member of each such board.
    (c) Powers
      The sole authority of each joint board convened under this
    section shall be to consider issues relevant to what constitutes
    "security constrained economic dispatch" and how such a mode of
    operating an electric energy system affects or enhances the
    reliability and affordability of service to customers in the region
    concerned and to make recommendations to the Commission regarding
    such issues.
    (d) Report to the Congress
      Within 1 year after August 8, 2005, the Commission shall issue a
    report and submit such report to the Congress regarding the
    recommendations of the joint boards under this section and the
    Commission may consolidate the recommendations of more than one
    such regional joint board, including any consensus recommendations
    for statutory or regulatory reform.

-SOURCE-
    (June 10, 1920, ch. 285, pt. II, Sec. 223, as added Pub. L. 109-58,
    title XII, Sec. 1298, Aug. 8, 2005, 119 Stat. 986.)

-End-


-CITE-
    16 USC SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES;
           PROCEDURAL AND ADMINISTRATIVE PROVISIONS        01/03/2007

-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

-End-



-CITE-
    16 USC Sec. 825                                             01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825a                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825b                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825c                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825d                                            01/03/2007

-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.(!1)


-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 title I of act Aug. 26, 1935, ch. 687, 49
    Stat. 803, as amended, which was classified generally to chapter 2C
    (Sec. 79 et seq.) of Title 15, Commerce and Trade, prior to repeal
    by Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat.
    974. For complete classification of this Act to the Code, see
    Tables.


-MISC1-
                                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."

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 825e                                            01/03/2007

-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, electric utility, State, municipality, or State
    commission complaining of anything done or omitted to be done by
    any licensee, transmitting utility, 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, transmitting utility, 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, transmitting utility, 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; amended Pub. L. 109-58,
    title XII, Sec. 1284(a), Aug. 8, 2005, 119 Stat. 980.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted "electric utility," after "Any
    person," and ", transmitting utility," after "licensee" wherever
    appearing.

-End-



-CITE-
    16 USC Sec. 825f                                            01/03/2007

-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, electric utility, transmitting
    utility, or other entity 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,
    or in obtaining information about the sale of electric energy at
    wholesale in interstate commerce and the transmission of electric
    energy in interstate commerce. The Commission may permit any
    person, electric utility, transmitting utility, or other entity 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; Pub. L. 109-58,
    title XII, Sec. 1284(b), Aug. 8, 2005, 119 Stat. 980.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58 inserted ", electric utility,
    transmitting utility, or other entity" after "person" in two places
    and inserted ", or in obtaining information about the sale of
    electric energy at wholesale in interstate commerce and the
    transmission of electric energy in interstate commerce" before
    period at end of first sentence.
      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.

-End-



-CITE-
    16 USC Sec. 825g                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825h                                            01/03/2007

-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.)


-MISC1-
                             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."

-End-



-CITE-
    16 USC Sec. 825i                                            01/03/2007

-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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 825j                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825k                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 825l                                            01/03/2007

-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, electric utility, State, municipality, or State
    commission aggrieved by an order issued by the Commission in a
    proceeding under this chapter to which such person, electric
    utility, 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 entity unless such
    entity 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;
    Pub. L. 109-58, title XII, Sec. 1284(c), Aug. 8, 2005, 119 Stat.
    980.)

-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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58 inserted "electric utility,"
    after "Any person," and "to which such person," and substituted
    "brought by any entity unless such entity" for "brought by any
    person unless such person".
      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".

-End-



-CITE-
    16 USC Sec. 825m                                            01/03/2007

-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.
    (d) Prohibitions on violators
      In any proceedings under subsection (a) of this section, the
    court may prohibit, conditionally or unconditionally, and
    permanently or for such period of time as the court determines, any
    individual who is engaged or has engaged in practices constituting
    a violation of section 824u of this title (and related rules and
    regulations) from - 
        (1) acting as an officer or director of an electric utility; or
        (2) engaging in the business of purchasing or selling - 
          (A) electric energy; or
          (B) transmission services subject to the jurisdiction of 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; Pub. L.
    109-58, title XII, Sec. 1288, Aug. 8, 2005, 119 Stat. 982.)

-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".


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (d). Pub. L. 109-58 added subsec. (d).

-End-



-CITE-
    16 USC Sec. 825n                                            01/03/2007

-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 section 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.

-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; Pub. L. 109-58, title XII,
    Sec. 1295(d), Aug. 8, 2005, 119 Stat. 985.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58 substituted "This section" for
    "This subsection".
      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.


-MISC2-
                      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 796 of this
    title.

-End-



-CITE-
    16 USC Sec. 825o                                            01/03/2007

-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 $1,000,000 or by imprisonment for not more than 5
    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 $25,000 for each and every day during which
    such offense occurs.

-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; Pub. L. 109-
    58, title XII, Sec. 1284(d), Aug. 8, 2005, 119 Stat. 980.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 1284(d)(1), substituted
    "$1,000,000" for "$5,000" and "5 years" for "two years".
      Subsec. (b). Pub. L. 109-58, Sec. 1284(d)(2), substituted
    "$25,000" for "$500".
      Subsec. (c). Pub. L. 109-58, Sec. 1284(d)(3), struck out subsec.
    (c) which read as follows: "This subsection 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."
      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.


-MISC2-
                      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 796 of this
    title.

-End-



-CITE-
    16 USC Sec. 825o-1                                          01/03/2007

-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
    subchapter II of this chapter or any rule or order issued under any
    such provision.
    (b) Civil penalties
      Any person who violates any provision of subchapter II of this
    chapter or any provision of any rule or order thereunder shall be
    subject to a civil penalty of not more than $1,000,000 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;
    amended Pub. L. 109-58, title XII, Sec. 1284(e), Aug. 8, 2005, 119
    Stat. 980.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 substituted "subchapter II of this chapter"
    for "section 824j, 824k, 824l, or 824m of this title" in subsecs.
    (a) and (b) and "$1,000,000" for "$10,000" in subsec. (b).

                      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 796 of this title.

-End-



-CITE-
    16 USC Sec. 825p                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 825q                                            01/03/2007

-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. Repealed.

-MISC1-
    Sec. 825q. Repealed. Pub. L. 109-58, title XII, Sec. 1277(a), Aug.
      8, 2005, 119 Stat. 978.
      Section, act June 10, 1920, ch. 285, pt. III, Sec. 318, as added
    Aug. 26, 1935, ch. 687, title II, Sec. 213, 49 Stat. 863, related
    to conflict of jurisdiction.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 6 months after Aug. 8, 2005, with provisions
    relating to effect of compliance with certain regulations approved
    and made effective prior to such date, see section 1274 of Pub. L.
    109-58, set out as an Effective Date note under section 16451 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    16 USC Sec. 825q-1                                          01/03/2007

-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.)


-MISC1-
          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.

-End-



-CITE-
    16 USC Sec. 825r                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 825s                                            01/03/2007

-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,
    Secs. 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, Secs. 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, Secs. 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.

-End-



-CITE-
    16 USC Sec. 825s-1                                          01/03/2007

-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.


-MISC1-
                                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."

-End-



-CITE-
    16 USC Sec. 825s-2                                          01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 825s-3                                          01/03/2007

-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.


-MISC1-
                              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."

-End-



-CITE-
    16 USC Sec. 825s-4                                          01/03/2007

-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-4. Southwestern Power Administration; deposit and
      availability of advance payments

-STATUTE-
      Notwithstanding section 3302 of title 31, beginning in fiscal
    year 2005 and thereafter, such funds as are received by the
    Southwestern Power Administration from any State, municipality,
    corporation, association, firm, district, or individual as advance
    payment for work that is associated with Southwestern's
    transmission facilities, consistent with that authorized in section
    825s of this title, shall be credited to this account and be
    available until expended.

-SOURCE-
    (Pub. L. 108-447, div. C, title III, Dec. 8, 2004, 118 Stat. 2956.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 2005, and also as part of the Consolidated
    Appropriations Act, 2005, and not as part of the Federal Power Act
    which generally comprises this chapter. Section is based on the
    proviso in the paragraph under the headings "POWER MARKETING
    ADMINISTRATIONS" and "Operation and Maintenance, Southwestern Power
    Administration" in title III of div. C of Pub. L. 108-447.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation act:
      Pub. L. 108-137, title III, Dec. 1, 2003, 117 Stat. 1858.

-End-



-CITE-
    16 USC Sec. 825t                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 825u                                            01/03/2007

-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
    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. Section 303(b) of Title 40 was amended generally by Pub. L.
    109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so
    amended, no longer relates to the Federal Works Agency and
    Commissioner of Public Buildings. See 2006 Amendment note under
    section 303 of Title 40.
      Functions of Public Works Administration transferred to Federal
    Works Administrator by Ex. Ord. No. 9357, June 30, 1943, 8 F.R.
    9041.

-End-


-CITE-
    16 USC SUBCHAPTER IV - STATE AND MUNICIPAL WATER
           CONSERVATION FACILITIES                         01/03/2007

-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 

-End-



-CITE-
    16 USC Sec. 828                                             01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 828a                                            01/03/2007

-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.

-End-



-CITE-
    16 USC Sec. 828b                                            01/03/2007

-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.


-MISC1-
                                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.

-End-



-CITE-
    16 USC Sec. 828c                                            01/03/2007

-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.

-End-