Laws: Cases and Codes : U.S. Code : Title 16
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U.S. Code as of:
01/19/04
Chapter 12 - Notes
SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND
RESOURCES
Sec.
791. Repealed.
791a. Short title.
792. Federal Power Commission; creation; number;
appointment; term; qualifications; vacancies; quorum;
chairman; salary; place of holding sessions.
793. Appointment of officers and employees of Commission;
duties, and salaries; detail of officers and
employees from other departments; expenditures
authorized.
793a to 795. Repealed or Omitted.
796. Definitions.
797. General powers of Commission.
(a) Investigations and data.
(b) Statements as to investment of licenses in
projects; access to projects, maps, etc.
(c) Cooperation with executive departments;
information and aid furnished Commission.
(d) Publication of information, etc.; reports to
Congress.
(e) Issue of licenses for construction, etc., of
dams, conduits, reservoirs, etc.
(f) Preliminary permits; notice of application.
(g) Investigation of occupancy for developing
power; orders.
797a. Congressional authorization for permits, licenses,
leases, or authorizations for dams, conduits,
reservoirs, etc., within national parks or monuments.
797b. Duty to keep Congress fully and currently informed.
797c. Dams in National Park System units.
797d. Third party contracting by FERC.
(a) Environmental impact statements.
(b) Environmental assessments.
(c) Effective date.
798. Purpose and scope of preliminary permits; transfer and
cancellation.
799. License; duration, conditions, revocation, alteration,
or surrender.
800. Issuance of preliminary permits or licenses.
(a) Preference.
(b) Development of water resources by United
States; reports.
(c) Assumption of project by United States after
expiration of license.
801. Transfer of license; obligations of transferee.
802. Information to accompany application for license;
landowner notification.
803. Conditions of license generally.
(a) Modification of plans; factors considered to
secure adaptability of project;
recommendations for proposed terms and
conditions.
(b) Alterations in project works.
(c) Maintenance and repair of project works;
liability of licensee for damages.
(d) Amortization reserves.
(e) Annual charges payable by licensees; maximum
rates; application; review and report to
Congress.
(f) Reimbursement by licensee of other licensees,
etc.
(g) Conditions in discretion of commission.
(h) Monopolistic combinations; prevention or
minimization of anticompetitive conduct;
action by Commission regarding license and
operation and maintenance of project.
(i) Waiver of conditions.
(j) Fish and wildlife protection, mitigation and
enhancement; consideration of recommendations;
findings.
804. Project works affecting navigable waters; requirements
insertable in license.
805. Participation by Government in costs of locks, etc.
806. Time limit for construction of project works;
extension of time; termination or revocation of
licenses for delay.
807. Right of Government to take over project works.
(a) Compensation; condemnation by Federal or State
Government.
(b) Relicensing proceedings; Federal agency
recommendations of take over by Government;
stay of orders for new licenses; termination
of stay; notice to Congress.
808. New licenses and renewals.
(a) Relicensing procedures; terms and conditions;
issuance to applicant with proposal best
adapted to serve public interest; factors
considered.
(b) Notification of intention regarding renewal;
public availability of documents; notice to
public and Federal agencies; identification of
Federal or Indian lands included; additional
information required.
(c) Time of filing application; consultation and
participation in studies with fish and
wildlife agencies; notice to applicants;
adjustment of time periods.
(d) Adequacy of transmission facilities; provision
of services to successor by existing licensee;
tariff; final order; modification, extension
or termination of order.
(e) License term on relicensing.
(f) Nonpower use licenses; recordkeeping.
809. Temporary use by Government of project works for
national safety; compensation for use.
810. Disposition of charges arising from licenses.
(a) Receipts from charges.
(b) Delinquent payments.
811. Operation of navigation facilities; rules and
regulations; penalties.
812. Public-service licensee; regulations by State or by
commission as to service, rates, charges, etc.
813. Power entering into interstate commerce; regulation of
rates, charges, etc.
814. Exercise by licensee of power of eminent domain.
815. Contract to furnish power extending beyond period of
license; obligations of new licensee.
816. Preservation of rights vested prior to June 10, 1920.
817. Projects not affecting navigable waters; necessity for
Federal license, permit or right-of-way; unauthorized
activities.
818. Public lands included in project; reservation of lands
from entry.
819. Repealed.
820. Proceedings for revocation of license or to prevent
violations of license.
821. State laws and water rights unaffected.
822. Reservation of right to alter or repeal chapter.
823. Repeal of inconsistent laws.
823a. Conduit hydroelectric facilities.
(a) Exemption qualifications.
(b) Maximum installation capacity for exemption.
(c) Consultation with Federal and State agencies.
(d) Violation of terms of exemption.
(e) Fees for studies.
823b. Enforcement.
(a) Monitoring and investigation.
(b) Revocation orders.
(c) Civil penalty.
(d) Assessment.
823c. Alaska State jurisdiction over small hydroelectric
projects.
(a) Discontinuance of regulation by the Commission.
(b) Definition of "qualifying project works".
(c) Election of State licensing.
(d) Project works on Federal lands.
(e) Consultation with affected agencies.
(f) Application of Federal laws.
(g) Oversight by the Commission.
(h) Resumption of Commission authority.
(i) Determination by the Commission.
SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
INTERSTATE COMMERCE
824. Declaration of policy; application of subchapter.
(a) Federal regulation of transmission and sale of
electric energy.
(b) Use or sale of electric energy in interstate
commerce.
(c) Electric energy in interstate commerce.
(d) "Sale of electric energy at wholesale" defined.
(e) "Public utility" defined.
(f) United States, State, political subdivision of
a State, or agency or instrumentality thereof
exempt.
(g) Books and records.
824a. Interconnection and coordination of facilities;
emergencies; transmission to foreign countries.
(a) Regional districts; establishment; notice to
State commissions.
(b) Sale or exchange of energy; establishing
physical connections.
(c) Temporary connection and exchange of facilities
during emergency.
(d) Temporary connection during emergency by
persons without jurisdiction of Commission.
(e) Transmission of electric energy to foreign
country.
(f) Transmission or sale at wholesale of electric
energy; regulation.
(g) Continuance of service.
824a-1. Pooling.
(a) State laws.
(b) Pooling study.
824a-2. Reliability.
(a) Study.
(b) Examination of reliability issues by
reliability councils.
(c) Department of Energy recommendations.
824a-3. Cogeneration and small power production.
(a) Cogeneration and small power production rules.
(b) Rates for purchases by electric utilities.
(c) Rates for sales by utilities.
(d) "Incremental cost of alternative electric
energy" defined.
(e) Exemptions.
(f) Implementation of rules for qualifying
cogeneration and qualifying small power
production facilities.
(g) Judicial review and enforcement.
(h) Commission enforcement.
(i) Federal contracts.
(j) New dams and diversions.
(k) "New dam or diversion" defined.
(l) Definitions.
824a-4. Seasonal diversity electricity exchange.
(a) Authority.
(b) Permit.
(c) Timely acquisition by other means.
(d) Payments by permittees.
(e) Federal law governing Federal lands.
824b. Disposition of property; consolidations; purchase of
securities.
(a) Authorizations.
(b) Orders of Commission.
824c. Issuance of securities; assumption of liabilities.
(a) Authorization by Commission.
(b) Application approval or modification;
supplemental orders.
(c) Compliance with order of Commission.
(d) Authorization of capitalization not to exceed
amount paid.
(e) Notes or drafts maturing less than one year
after issuance.
(f) Public utility securities regulated by State
not affected.
(g) Guarantee or obligation on part of United
States.
(h) Filing duplicate reports with the Securities
and Exchange Commission.
824d. Rates and charges; schedules; suspension of new rates;
automatic adjustment clauses.
(a) Just and reasonable rates.
(b) Preference or advantage unlawful.
(c) Schedules.
(d) Notice required for rate changes.
(e) Suspension of new rates; hearings; five-month
period.
(f) Review of automatic adjustment clauses and
public utility practices; action by
Commission; "automatic adjustment clause"
defined.
824e. Power of Commission to fix rates and charges;
determination of cost of production or transmission.
(a) Unjust or preferential rates, etc.; statement
of reasons for changes; hearing; specification
of issues.
(b) Refund effective date; preferential
proceedings; statement of reasons for delay;
burden of proof; scope of refund order; refund
orders in cases of dilatory behavior;
interest.
(c) Refund considerations; shifting costs;
reduction in revenues; "electric utility
companies" and "registered holding company"
defined.
(d) Investigation of costs.
824f. Ordering furnishing of adequate service.
824g. Ascertainment of cost of property and depreciation.
(a) Investigation of property costs.
(b) Request for inventory and cost statements.
824h. References to State boards by Commission.
(a) Composition of boards; force and effect of
proceedings.
(b) Cooperation with State commissions.
(c) Availability of information and reports to
State commissions; Commission experts.
824i. Interconnection authority.
(a) Powers of Commission; application by State
regulatory authority.
(b) Notice, hearing and determination by
Commission.
(c) Necessary findings.
(d) Motion of Commission.
(e) Definitions.
824j. Wheeling authority.
(a) Transmission service by any electric utility;
notice, hearing and findings by Commission.
(b) Reliability of electric service.
(c) Replacement of electric energy.
(d) Termination or modification of order; notice,
hearing and findings of Commission; contents
of order; inclusion in order of terms and
conditions agreed upon by parties.
(e) "Facilities" defined.
824k. Orders requiring interconnection or wheeling.
(a) Rates, charges, terms, and conditions for
wholesale transmission services.
(b) Repealed.
(c) Issuance of proposed order; agreement by
parties to terms and conditions of order;
approval by Commission; inclusion in final
order; failure to agree.
(d) Statement of reasons for denial.
(e) Savings provisions.
(f) Effective date of order; hearing; notice;
review.
(g) Prohibition on orders inconsistent with retail
marketing areas.
(h) Prohibition on mandatory retail wheeling and
sham wholesale transactions.
(i) Laws applicable to Federal Columbia River
Transmission System.
(j) Equitability within territory restricted
electric systems.
(k) ERCOT utilities.
824l. Information requirements.
(a) Requests for wholesale transmission services.
(b) Transmission capacity and constraints.
824m. Sales by exempt wholesale generators.
824n. Authority relating to formation and operation of
regional transmission organizations.
SUBCHAPTER III - LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
825. Accounts and records.
(a) Duty to keep.
(b) Access to and examination by the Commission.
(c) Controlling individual.
825a. Rates of depreciation; notice to State authorities
before fixing.
825b. Requirements applicable to agencies of United States.
825c. Periodic and special reports; obstructing filing
reports or keeping accounts, etc.
825d. Officials dealing in securities.
(a) Benefits; making or declaring dividends out of
capital account.
(b) Interlocking directorates.
(c) Statement of prior positions; definitions.
825e. Complaints.
825f. Investigations by Commission.
(a) Scope.
(b) Attendance of witnesses and production of
documents.
(c) Resort to courts of United States for failure
to obey subpena; punishment.
(d) Testimony by deposition.
(e) Deposition of witness in a foreign country.
(f) Deposition fees.
825g. Hearings; rules of procedure.
825h. Administrative powers of Commission; rules,
regulations, and orders.
825i. Appointment of officers and employees; compensation.
825j. Investigations relating to electric energy; reports to
Congress.
825k. Publication and sale of reports.
825l. Review of orders.
(a) Application for rehearing; time periods;
modification of order.
(b) Judicial review.
(c) Stay of Commission's order.
825m. Enforcement provisions.
(a) Enjoining and restraining violations.
(b) Writs of mandamus.
(c) Employment of attorneys.
825n. Forfeiture for violations; recovery; applicability.
(a) Forfeiture.
(b) Recovery.
(c) Applicability.
825o. Penalties for violations; applicability of section.
(a) Statutory violations.
(b) Rules violations.
(c) Applicability.
825o-1. Enforcement of certain provisions.
(a) Violations.
(b) Civil penalties.
825p. Jurisdiction of offenses; enforcement of liabilities
and duties.
825q. Conflict of jurisdiction.
825q-1. Office of Public Participation.
825r. Separability.
825s. Sale of electric power from reservoir projects; rate
schedules; preference in sale; construction of
transmission lines; disposition of moneys.
825s-1. Southwestern area sale and transmission of electric
power; disposition of receipts; creation of
continuing fund; use of fund.
825s-2. Southeastern area sale and transmission of electric
power; disposition of receipts; creation of
continuing fund; use of fund.
825s-3. Southwestern area sale at uniform systemwide rates of
electric power over transmission lines constructed
with appropriated funds or used under contractual
arrangements.
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.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 21b, 47b, 47f, 90d-4,
108, 158, 197, 201b, 204l, 205a, 207a, 221b, 342b, 391, 391b-1,
402e, 403b, 404b, 405, 407b, 408b, 410b, 435, 459a-1, 460m-11,
460m-21, 460ee, 460gg-2, 460ii-3, 460iii-3, 545b, 577b, 698v-7,
824a-1, 824a-3, 832h, 833g, 836, 839e, 1278, 2603, 2705, 3215 of
this title; title 15 section 790a; title 25 section 326; title 30
section 621; title 33 section 467a; title 42 sections 2019, 7172,
7173, 7473, 7651b; title 43 sections 617d, 617e, 617k, 617l, 1634,
1761.
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