### **CHAPTER 12—FEDERAL REGULATION AND DEVELOPMENT OF POWER**

#### 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Repealed.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 Repealed or Omitted.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Repealed.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.
823e.
Promoting hydropower development at existing nonpowered dams.
823f.
Closed-loop pumped storage projects.
823g.
Considerations for relicensing terms.

#### 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.
824 l.
Information requirements.
824m.
Sales by exempt wholesale generators.
824n.
Repealed.
824 o.
Electric reliability.
824o–1.
Critical electric infrastructure security.
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.
824s–1.
Incentives for cybersecurity investments.
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.
825 l.
Review of orders.
825m.
Enforcement provisions.
825n.
Forfeiture for violations; recovery; applicability.
825 o.
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.
825s–5.
Southeastern Power Administration; deposit and availability of advance payments.
825s–6.
Southeastern Power Administration; deposit and availability of discretionary offsetting collections.
825s–7.
Southwestern Power Administration; deposit and availability of discretionary offsetting collections.
825s–8.
Southeastern Power Administration: rates of basic and premium pay.
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.

#### **Statutory Notes and Related Subsidiaries**

#### Findings

Pub. L. 113–23, §2, Aug. 9, 2013, 127 Stat. 493, provided that: "Congress finds that—

"(1) the hydropower industry currently employs approximately 300,000 workers across the United States;

"(2) hydropower is the largest source of clean, renewable electricity in the United States;

"(3) as of the date of enactment of this Act [Aug. 9, 2013], hydropower resources, including pumped storage facilities, provide—

"(A) nearly 7 percent of the electricity generated in the United States; and

"(B) approximately 100,000 megawatts of electric capacity in the United States;

"(4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and

"(5) according to one study, by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs over the next 13 years."