CHAPTER 12—FEDERAL REGULATION AND DEVELOPMENT OF POWER

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     Repealed.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 Repealed or Omitted.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.

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.

825.     Accounts and records.

(a)     Duty to keep.

(b)     Access to and examination by the Commission.

(c)     Controlling individual.

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

825b.     Requirements applicable to agencies of United States.

825c.     Periodic and special reports; obstructing filing reports or keeping accounts, etc.

825d.     Officials dealing in securities.

(a)     Benefits; making or declaring dividends out of capital account.

(b)     Interlocking directorates.

(c)     Statement of prior positions; definitions.

825e.     Complaints.

825f.     Investigations by Commission.

(a)     Scope.

(b)     Attendance of witnesses and production of documents.

(c)     Resort to courts of United States for failure to obey subpena; punishment.

(d)     Testimony by deposition.

(e)     Deposition of witness in a foreign country.

(f)     Deposition fees.

825g.     Hearings; rules of procedure.

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

825i.     Appointment of officers and employees; compensation.

825j.     Investigations relating to electric energy; reports to Congress.

825k.     Publication and sale of reports.

825l.     Review of orders.

(a)     Application for rehearing; time periods; modification of order.

(b)     Judicial review.

(c)     Stay of Commission’s order.

825m.     Enforcement provisions.

(a)     Enjoining and restraining violations.

(b)     Writs of mandamus.

(c)     Employment of attorneys.

825n.     Forfeiture for violations; recovery; applicability.

(a)     Forfeiture.

(b)     Recovery.

(c)     Applicability.

825o.     Penalties for violations; applicability of section.

(a)     Statutory violations.

(b)     Rules violations.

(c)     Applicability.

825o–1.     Enforcement of certain provisions.

(a)     Violations.

(b)     Civil penalties.

825p.     Jurisdiction of offenses; enforcement of liabilities and duties.

825q.     Conflict of jurisdiction.

825q–1.     Office of Public Participation.

825r.     Separability.

825s.     Sale of electric power from reservoir projects; rate schedules; preference in sale; construction of transmission lines; disposition of moneys.

825s–1.     Southwestern area sale and transmission of electric power; disposition of receipts; creation of continuing fund; use of fund.

825s–2.     Southeastern area sale and transmission of electric power; disposition of receipts; creation of continuing fund; use of fund.

825s–3.     Southwestern area sale at uniform systemwide rates of electric power over transmission lines constructed with appropriated funds or used under contractual arrangements.

825t.     Utilization of power revenues.

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

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.

     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.