16 Usc 825

Page 1351

TITLE 16—CONSERVATION

(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.
(June 10, 1920, ch. 285, pt. II, § 223, as added Pub.
L. 109–58, title XII, § 1298, Aug. 8, 2005, 119 Stat.
986.)
SUBCHAPTER III—LICENSEES AND PUBLIC
UTILITIES; PROCEDURAL AND ADMINISTRATIVE PROVISIONS
§ 825. Accounts and records
(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 knowl-

§ 825b

edge 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.
(June 10, 1920, ch. 285, pt. III, § 301, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 854.)
§ 825a. Rates of depreciation; notice to State authorities before fixing
(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.
(June 10, 1920, ch. 285, pt. III, § 302, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 855.)
§ 825b. Requirements applicable to agencies of
United States
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

§ 825c

TITLE 16—CONSERVATION

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.
(June 10, 1920, ch. 285, pt. III, § 303, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 855.)
§ 825c. Periodic and special reports; obstructing
filing reports or keeping accounts, etc.
(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.
(June 10, 1920, ch. 285, pt. III, § 304, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 855.)
§ 825d. Officials dealing in securities
(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 di-

Page 1352

rector 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

Page 1353

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
(June 10, 1920, ch. 285, pt. III, § 305, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 856; amended Pub. L. 95–617, title II, § 211(a), Nov. 9, 1978, 92
Stat. 3147; Pub. L. 106–102, title VII, § 737, Nov.
12, 1999, 113 Stat. 1479.)
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 (§ 79 et seq.) of Title 15,
Commerce and Trade, prior to repeal by Pub. L. 109–58,
title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete
classification of this Act to the Code, see Tables.
1 See

§ 825f

TITLE 16—CONSERVATION

References in Text note below.

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.’’

§ 825e. Complaints
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.
(June 10, 1920, ch. 285, pt. III, § 306, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 856; amended Pub. L. 109–58, title XII, § 1284(a), Aug. 8, 2005,
119 Stat. 980.)
AMENDMENTS
2005—Pub. L. 109–58 inserted ‘‘electric utility,’’ after
‘‘Any person,’’ and ‘‘, transmitting utility,’’ after ‘‘licensee’’ wherever appearing.

§ 825f. Investigations by Commission
(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 cir-

§ 825g

TITLE 16—CONSERVATION

cumstances 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 in-

Page 1354

terested 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.
(June 10, 1920, ch. 285, pt. III, § 307, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 856; amended Pub. L. 91–452, title II, § 221, Oct. 15, 1970, 84
Stat. 929; Pub. L. 109–58, title XII, § 1284(b), Aug.
8, 2005, 119 Stat. 980.)
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.

§ 825g. Hearings; rules of procedure
(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 inter-

Page 1355

§ 825j

TITLE 16—CONSERVATION

ested 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.

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.

(June 10, 1920, ch. 285, pt. III, § 308, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 858.)

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, § 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, § 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, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

§ 825h. Administrative powers of Commission;
rules, regulations, and orders
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.
(June 10, 1920, ch. 285, pt. III, § 309, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 858.)
COMMISSION REVIEW
Pub. L. 99–495, § 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.’’

§ 825i. Appointment of officers and employees;
compensation
The Commission is authorized to appoint and
fix the compensation of such officers, attorneys,

(June 10, 1920, ch. 285, pt. III, § 310, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 859; amended Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat.
972.)
CODIFICATION

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, § 8, 80 Stat. 632, 655.

§ 825j. Investigations relating to electric energy;
reports to Congress
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, oper-

§ 825k

TITLE 16—CONSERVATION

ation, 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.
(June 10, 1920, ch. 285, pt. III, § 311, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 859.)
§ 825k. Publication and sale of reports
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.
(June 10, 1920, ch. 285, pt. III, § 312, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 859.)
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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Page 1356

§ 825l. Review of orders
(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

Page 1357

§ 825m

TITLE 16—CONSERVATION

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.
(June 10, 1920, ch. 285, pt. III, § 313, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 860; amended June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May
24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791,
§ 16, Aug. 28, 1958, 72 Stat. 947; Pub. L. 109–58,
title XII, § 1284(c), Aug. 8, 2005, 119 Stat. 980.)
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.
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, § 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, § 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 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’’.

§ 825m. Enforcement provisions
(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.
(June 10, 1920, ch. 285, pt. III, § 314, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amended June 25, 1936, ch. 804, 49 Stat. 1921; June 25,
1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch.
139, § 127, 63 Stat. 107; Pub. L. 109–58, title XII,
§ 1288, Aug. 8, 2005, 119 Stat. 982.)
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

§ 825n

TITLE 16—CONSERVATION

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’’.
AMENDMENTS
2005—Subsec. (d). Pub. L. 109–58 added subsec. (d).

§ 825n. Forfeiture for violations; recovery; applicability
(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.
(June 10, 1920, ch. 285, pt. III, § 315, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amended June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L.
102–486, title VII, § 725(a), Oct. 24, 1992, 106 Stat.
2920; Pub. L. 109–58, title XII, § 1295(d), Aug. 8,
2005, 119 Stat. 985.)
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 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.

Page 1358

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.

§ 825o. Penalties for violations; applicability of
section
(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.
(June 10, 1920, ch. 285, pt. III, § 316, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 862; amended July 26, 1947, ch. 343, title II, § 205(a), 61 Stat.
501; Pub. L. 102–486, title VII, § 725(a), Oct. 24,
1992, 106 Stat. 2920; Pub. L. 109–58, title XII,
§ 1284(d), Aug. 8, 2005, 119 Stat. 980.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–58, § 1284(d)(1), substituted ‘‘$1,000,000’’ for ‘‘$5,000’’ and ‘‘5 years’’ for ‘‘two
years’’.
Subsec. (b). Pub. L. 109–58, § 1284(d)(2), substituted
‘‘$25,000’’ for ‘‘$500’’.
Subsec. (c). Pub. L. 109–58, § 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 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.
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.

Page 1359

§ 825q–1

TITLE 16—CONSERVATION

§ 825o–1. Enforcement of certain provisions
(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.
(June 10, 1920, ch. 285, pt. III, § 316A, as added
Pub. L. 102–486, title VII, § 725(b), Oct. 24, 1992,
106 Stat. 2920; amended Pub. L. 109–58, title XII,
§ 1284(e), Aug. 8, 2005, 119 Stat. 980.)
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.

§ 825p. Jurisdiction of offenses; enforcement of liabilities and duties
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.
(June 10, 1920, ch. 285, pt. III, § 317, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 862; amend-

ed June 25, 1936, ch. 804, 49 Stat. 1921; June 25,
1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch.
139, § 127, 63 Stat. 107.)
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.

§ 825q. Repealed. Pub. L. 109–58, title
§ 1277(a), Aug. 8, 2005, 119 Stat. 978

XII,

Section, act June 10, 1920, ch. 285, pt. III, § 318, as
added Aug. 26, 1935, ch. 687, title II, § 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.

§ 825q–1. Office of Public Participation
(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

§ 825r

TITLE 16—CONSERVATION

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.
(June 10, 1920, ch. 285, pt. III, § 319, as added Pub.
L. 95–617, title II, § 212, Nov. 9, 1978, 92 Stat. 3148.)
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, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 825r. Separability
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.
(June 10, 1920, ch. 285, pt. III, § 320, formerly § 319,
as added Aug. 26, 1935, ch. 687, title II, § 213, 49
Stat. 863, and renumbered § 320, Pub. L. 95–617,
title II, § 212, Nov. 9, 1978, 92 Stat. 3148.)
§ 825s. Sale of electric power from reservoir
projects; rate schedules; preference in sale;
construction of transmission lines; disposition of moneys
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

Page 1360

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.
(Dec. 22, 1944, ch. 665, § 5, 58 Stat. 890; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L.
95–91, title III, §§ 301(b), 302(a)(1), Aug. 4, 1977, 91
Stat. 578.)
CODIFICATION
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.
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.
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, §§ 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, §§ 1, 2, eff. May 24,
1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under
section 792 of this title.
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.

Page 1361

§ 825s–4

TITLE 16—CONSERVATION

§ 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 funds; use of
fund

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.

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.

(Oct. 12, 1949, ch. 680, title I, § 101, 63 Stat. 767;
Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 249.)
REFERENCES IN TEXT
The First Supplemental National Defense Appropriation Act, 1944, referred to in text, was act Dec. 23, 1943,
ch. 380, title I, § 101, 57 Stat. 621, which was not classified to the Code.
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.
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.’’

(Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 249.)
CODIFICATION
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.

§ 825s–3. Southwestern area sale at uniform systemwide rates of electric power over transmission lines constructed with appropriated
funds or used under contractual arrangements
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.
(Pub. L. 95–456, § 1, Oct. 13, 1978, 92 Stat. 1230.)
CODIFICATION
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.
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.’’

§ 825s–4. Southwestern Power Administration;
deposit and availability of advance payments
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.
(Pub. L. 108–447, div. C, title III, Dec. 8, 2004, 118
Stat. 2956.)

§ 825s–5

TITLE 16—CONSERVATION
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.
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.

§ 825s–5. Southeastern Power Administration; deposit and availability of advance payments
Notwithstanding the provisions of section 3302
of title 31, beginning in fiscal year 2008 and
thereafter, such funds as are received by the
Southeastern Power Administration from any
State, municipality, corporation, association,
firm, district, or individual as advance payment
for work that is associated with Southeastern’s
Operations and Maintenance, consistent with
that authorized in section 825s of this title, shall
be credited to this account and be available
until expended.
(Pub. L. 110–161, div. C, title III, Dec. 26, 2007, 121
Stat. 1965.)
CODIFICATION
Section was enacted as part of the Energy and Water
Development and Related Agencies Appropriations Act,
2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the Federal Power
Act which generally comprises this chapter.

Page 1362

the Southwestern Power Administration that
are applicable to the repayment of the annual
expenses of this account in this and subsequent
fiscal years shall be credited to this account as
discretionary offsetting collections for the sole
purpose of funding such expenses, with such
funds remaining available until expended: Provided further, That for purposes of this appropriation, annual expenses means expenditures
that are generally recovered in the same year
that they are incurred (excluding purchase
power and wheeling expenses).
(Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat.
2869.)
REFERENCES IN TEXT
This fiscal year, referred to in text, is the fiscal year
ending Sept. 30, 2010.
CODIFICATION
Section was enacted as part of the Energy and Water
Development and Related Agencies Appropriations Act,
2010, and not as part of the Federal Power Act which
generally comprises this chapter.

§ 825t. Utilization of power revenues
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.

§ 825s–6. Southeastern Power Administration; deposit and availability of discretionary offsetting collections

(July 1, 1946, ch. 529, § 1, 60 Stat. 366.)

Notwithstanding the provisions of section 3302
of title 31 and section 825s of this title, all funds
collected by the Southeastern Power Administration that are applicable to the repayment of
the annual expenses of this account in this and
subsequent fiscal years shall be credited to this
account as discretionary offsetting collections
for the sole purpose of funding such expenses,
with such funds remaining available until expended: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are generally recovered in the
same year that they are incurred (excluding purchase power and wheeling expenses).

Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.

(Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat.
2869.)
REFERENCES IN TEXT
This fiscal year, referred to in text, is the fiscal year
ending Sept. 30, 2010.

CODIFICATION

§ 825u. Interest rate on power bonds held by Administrator of General Services
The Administrator of General Services or his
successor in interest is authorized to reduce the
rate of interest to 21⁄2 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.
(July 31, 1946, ch. 710, § 6, 60 Stat. 744; June 30,
1949, ch. 288, title I, § 103(a), 63 Stat. 380.)
CODIFICATION
This section was not enacted as part of the Federal
Power Act which generally comprises this chapter.

CODIFICATION

TRANSFER OF FUNCTIONS

Section was enacted as part of the Energy and Water
Development and Related Agencies Appropriations Act,
2010, and not as part of the Federal Power Act which
generally comprises this chapter.

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 § 505, of act June 30, 1949,
ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch.

§ 825s–7. Southwestern Power Administration;
deposit and availability of discretionary offsetting collections
Notwithstanding section 3302 of title 31 and
section 825s of this title, all funds collected by

Page 1363

§ 828c

TITLE 16—CONSERVATION

849, § 6(a), (b), 64 Stat. 583. Section 303(b) of Title 40 was
amended generally by Pub. L. 109–313, § 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.

SUBCHAPTER IV—STATE AND MUNICIPAL
WATER CONSERVATION FACILITIES
§ 828. Facilitation of development and construction of water conservation facilities; exemption from certain Federal requirements
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.
(Aug. 15, 1953, ch. 503, § 1, 67 Stat. 587.)

TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ and ‘‘Secretary’’ substituted
in text for ‘‘Federal Power Commission’’ and ‘‘Commission’’, respectively, pursuant to Pub. L. 95–91, § 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.

§ 828c. Applicability of this subchapter
Except as herein provided, the provisions of
this subchapter shall not be construed as repealing or affecting any of the provisions of this
chapter.
(Aug. 15, 1953, ch. 503, § 4, 67 Stat. 587.)
CODIFICATION
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.

CODIFICATION

CHAPTER 12A—TENNESSEE VALLEY
AUTHORITY

Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.
Sec.

§ 828a. Definitions

831.
831a.

The words used in this subchapter shall have
the same meanings ascribed to them in this
chapter.

831b.

(Aug. 15, 1953, ch. 503, § 2, 67 Stat. 587.)

831b–1.
831c.

CODIFICATION
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.

§ 828b. Exemption from formula, books and
records, and project cost statement requirements; annual charges
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.
(Aug. 15, 1953, ch. 503, § 3, 67 Stat. 587; Pub. L.
86–124, July 31, 1959, 73 Stat. 271; Pub. L. 95–91,
title III, § 301(b), Aug. 4, 1977, 91 Stat. 578.)
CODIFICATION
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.

831c–1.
831c–2.
831c–3.
831d.
831e.
831f.
831g.
831h.
831h–1.
831h–2.
831i.
831j.
831k.
831k–1.
831l.

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.

831m.

Creation; short title.
Membership, operation, and duties of the
Board of Directors.
Officers and employees; wages of laborers and
mechanics; application of employees’ compensation provisions.
Acceptance of services of volunteers.
Corporate powers generally; eminent domain;
construction of dams, transmission lines,
etc.
Bridges endangered or damaged by dams, etc.;
compensation of and contracts with owner
for protection, replacements, etc.
Civil actions for injury or loss of property or
personal injury or death.
Law enforcement.
Directors; maintenance and operation of
plant for production, sale, and distribution
of fertilizer and power.
Officers and employees; nonpolitical appointment; removal for violation.
Control of plants and property vested in Corporation; transfer of other property to Corporation.
Principal office of Corporation; books; directors’ oath.
Annual financial statement; purchases and
contracts; audit by Comptroller General.
Operation of dams primarily for promotion of
navigation and controlling floods; generation and sale of electricity.
Repealed.
Sale of surplus power; preferences; experimental work; acquisition of existing electric facilities.
Equitable distribution of surplus power
among States and municipalities; improvement in production of fertilizer.
Transmission lines; construction or lease;
sale of power over other than Government
lines; rates when sold for resale at profit.
Extension of credit to States, municipalities
and nonprofit organizations to assist in operation of existing facilities.
Financial assistance to States and local governments in lieu of taxation; apportionment; limitation on contracts for sale of
power to municipalities; report to Congress.
Allocation and charge of value and cost of
plants to particular objects; cost accounting; reports of costs of operation; sale of
surplus power at profit.