16USC2602, and 16USC824

16USC2602, and 16USC824

Page 1985 TITLE 16—CONSERVATION § 2602

§ 2602. Definitions

As used in this Act, except as otherwise specifically

provided—

(1) The term ‘‘antitrust laws’’ includes the

Sherman Antitrust Act (15 U.S.C. 1 and following),

the Clayton Act (15 U.S.C. 12 and following),

the Federal Trade Commission Act (15

U.S.C. 14[41] and following), the Wilson Tariff

Act (15 U.S.C. 8 and 9), and the Act of June 19,

1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and

21A).

(2) The term ‘‘class’’ means, with respect to

electric consumers, any group of such consumers

who have similar characteristics of electric

energy use.

(3) The term ‘‘Commission’’ means the Federal

Energy Regulatory Commission.

(4) The term ‘‘electric utility’’ means any

person, State agency, or Federal agency,

which sells electric energy.

(5) The term ‘‘electric consumer’’ means any

person, State agency, or Federal agency, to

which electric energy is sold other than for

purposes of resale.

(6) The term ‘‘evidentiary hearing’’ means—

(A) in the case of a State agency, a proceeding

which (i) is open to the public, (ii)

includes notice to participants and an opportunity

for such participants to present direct

and rebuttal evidence and to cross-examine

witnesses, (iii) includes a written decision,

based upon evidence appearing in a

written record of the proceeding, and (iv) is

subject to judicial review;

(B) in the case of a Federal agency, a proceeding

conducted as provided in sections

554, 556, and 557 of title 5; and

(C) in the case of a proceeding conducted

by any entity other than a State or Federal

agency, a proceeding which conforms, to the

extent appropriate, with the requirements of

subparagraph (A).

(7) The term ‘‘Federal agency’’ means an executive

agency (as defined in section 105 of

title 5).

(8) The term ‘‘load management technique’’

means any technique (other than a time-ofday

or seasonal rate) to reduce the maximum

kilowatt demand on the electric utility, including

ripple or radio control mechanisms,

and other types of interruptible electric service,

energy storage devices, and load-limiting

devices.

(9) The term ‘‘nonregulated electric utility’’

means any electric utility other than a State

regulated electric utility.

(10) The term ‘‘rate’’ means (A) any price,

rate, charge, or classification made, demanded,

observed, or received with respect to

sale of electric energy by an electric utility to

an electric consumer, (B) any rule, regulation,

or practice respecting any such rate, charge,

or classification, and (C) any contract pertaining

to the sale of electric energy to an electric

consumer.

(11) The term ‘‘ratemaking authority’’

means authority to fix, modify, approve, or

disapprove rates.

(12) The term ‘‘rate schedule’’ means the

designation of the rates which an electric utility

charges for electric energy.

(13) The term ‘‘sale’’ when used with respect

to electric energy includes any exchange of

electric energy.

(14) The term ‘‘Secretary’’ means the Secretary

of Energy.

(15) The term ‘‘State’’ means a State, the

District of Columbia, and Puerto Rico.

(16) The term ‘‘State agency’’ means a State,

political subdivision thereof, and any agency

or instrumentality of either.

(17) The term ‘‘State regulatory authority’’

means any State agency which has ratemaking

authority with respect to the sale of

electric energy by any electric utility (other

than such State agency), and in the case of an

electric utility with respect to which the Tennessee

Valley Authority has ratemaking authority,

such term means the Tennessee Valley

Authority.

(18) The term ‘‘State regulated electric utility’’

means any electric utility with respect to

which a State regulatory authority has ratemaking

authority.

(19) The term ‘‘integrated resource planning’’

means, in the case of an electric utility,

a planning and selection process for new energy

resources that evaluates the full range of

alternatives, including new generating capacity,

power purchases, energy conservation and

efficiency, cogeneration and district heating

and cooling applications, and renewable energy

resources, in order to provide adequate

and reliable service to its electric customers

at the lowest system cost. The process shall

take into account necessary features for system

operation, such as diversity, reliability,

dispatchability, and other factors of risk; shall

take into account the ability to verify energy

savings achieved through energy conservation

and efficiency and the projected durability of

such savings measured over time; and shall

treat demand and supply resources on a consistent

and integrated basis.

(20) The term ‘‘system cost’’ means all direct

and quantifiable net costs for an energy resource

over its available life, including the

cost of production, distribution, transportation,

utilization, waste management, and

environmental compliance.

(21) The term ‘‘demand side management’’

includes load management techniques.

(Pub. L. 95–617, § 3, Nov. 9, 1978, 92 Stat. 3119;

Pub. L. 102–486, title I, § 111(d), Oct. 24, 1992, 106

Stat. 2796.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 95–617, Nov. 9,

1978, 92 Stat. 3117, as amended, known as the Public

Utility Regulatory Policies Act of 1978. For complete

classification of this Act to the Code, see Short Title

note set out under section 2601 of this title and Tables.

The Sherman Antitrust Act (15 U.S.C. 1 and following),

referred to in par. (1), is act July 2, 1890, ch. 647,

26 Stat. 209, as amended, which enacted sections 1 to 7

of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see Short Title note

set out under section 1 of Title 15 and Tables.

§ 2603 TITLE 16—CONSERVATION Page 1986

The Clayton Act (15 U.S.C. 12 and following), referred

to in par. (1), is act Oct. 15, 1914, ch. 323, 38 Stat. 730,

as amended, which is classified generally to sections 12,

13, 14 to 19, 21, and 22 to 27 of Title 15, Commerce and

Trade, and sections 52 and 53 of Title 29, Labor. For further

details and complete classification of this Act to

the Code, see References in Text note set out under section

12 of Title 15 and Tables.

The Federal Trade Commission Act (15 U.S.C. 14 and

following), referred to in par. (1), is act Sept. 26, 1914,

ch. 311, 38 Stat. 717, as amended, which is classified generally

to subchapter I (§ 41 et seq.) of chapter 2 of Title

15, Commerce and Trade. For complete classification of

this Act to the Code, see section 58 of Title 15 and

Tables.

The Wilson Tariff Act (15 U.S.C. 8 and 9), referred to

in par. (1), is sections 73 to 77 of act Aug. 27, 1894, ch.

349, 28 Stat. 570. Sections 73 to 76 enacted sections 8 to

11 of Title 15, Commerce and Trade. Section 77 of said

Act was not classified to the Code. For complete classification

of this Act to the Code, see Short Title note

under section 8 of Title 15 and Tables.

Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b,

and 21A), referred to in par. (1), is act June 19, 1936, ch.

592, 49 Stat. 1526, popularly known as the Robinson-Patman

Antidiscrimination Act and also as the Robinson-

Patman Price Discrimination Act, which enacted sections

13a, 13b, and 21a of Title 15, Commerce and Trade,

and amended section 13 of Title 15. For complete classification

of this Act to the Code, see Short Title note

set out under section 13 of Title 15 and Tables.

CODIFICATION

This section was not enacted as part of title I of Pub.

L. 95–617 which comprises this chapter.

AMENDMENTS

1992—Pars. (19) to (21). Pub. L. 102–486 added pars. (19)

to (21).

16 USC 824: Declaration of policy; application of subchapter

Text contains those laws in effect on February 3, 2021

From Title 16-CONSERVATION

CHAPTER 12-FEDERAL REGULATION AND DEVELOPMENT OF POWER

SUBCHAPTER II-REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE

Jump To:

Source Credit

References In Text

Amendments

Effective Date

Construction

Miscellaneous

§824. Declaration of policy; application of subchapter

(a) Federal regulation of transmission and sale of electric energy

It is declared that the business of transmitting and selling electric energy for ultimate distribution to the public is affected with a public interest, and that Federal regulation of matters relating to generation to the extent provided in this subchapter and subchapter III of this chapter and of that part of such business which consists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States.

(b) Use or sale of electric energy in interstate commerce

(1) The provisions of this subchapter shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but except as provided in paragraph (2) shall not apply to any other sale of electric energy or deprive a State or State commission of its lawful authority now exercised over the exportation of hydroelectric energy which is transmitted across a State line. The Commission shall have jurisdiction over all facilities for such transmission or sale of electric energy, but shall not have jurisdiction, except as specifically provided in this subchapter and subchapter III of this chapter, over facilities used for the generation of electric energy or over facilities used in local distribution or only for the transmission of electric energy in intrastate commerce, or over facilities for the transmission of electric energy consumed wholly by the transmitter.

(2) Notwithstanding subsection (f), the provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this title shall apply to the entities described in such provisions, and such entities shall be subject to the jurisdiction of the Commission for purposes of carrying out such provisions and for purposes of applying the enforcement authorities of this chapter with respect to such provisions. Compliance with any order or rule of the Commission under the provisions of section 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title, shall not make an electric utility or other entity subject to the jurisdiction of the Commission for any purposes other than the purposes specified in the preceding sentence.

(c) Electric energy in interstate commerce

For the purpose of this subchapter, electric energy shall be held to be transmitted in interstate commerce if transmitted from a State and consumed at any point outside thereof; but only insofar as such transmission takes place within the United States.

(d) "Sale of electric energy at wholesale" defined

The term "sale of electric energy at wholesale" when used in this subchapter, means a sale of electric energy to any person for resale.

(e) "Public utility" defined

The term "public utility" when used in this subchapter and subchapter III of this chapter means any person who owns or operates facilities subject to the jurisdiction of the Commission under this subchapter (other than facilities subject to such jurisdiction solely by reason of section 824e(e), 824e(f),1 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title).

(f) United States, State, political subdivision of a State, or agency or instrumentality thereof exempt

No provision in this subchapter shall apply to, or be deemed to include, the United States, a State or any political subdivision of a State, an electric cooperative that receives financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that sells less than 4,000,000 megawatt hours of electricity per year, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned, directly or indirectly, by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto.

(g) Books and records

(1) Upon written order of a State commission, a State commission may examine the books, accounts, memoranda, contracts, and records of-

(A) an electric utility company subject to its regulatory authority under State law,

(B) any exempt wholesale generator selling energy at wholesale to such electric utility, and

(C) any electric utility company, or holding company thereof, which is an associate company or affiliate of an exempt wholesale generator which sells electric energy to an electric utility company referred to in subparagraph (A),

wherever located, if such examination is required for the effective discharge of the State commission's regulatory responsibilities affecting the provision of electric service.

(2) Where a State commission issues an order pursuant to paragraph (1), the State commission shall not publicly disclose trade secrets or sensitive commercial information.

(3) Any United States district court located in the State in which the State commission referred to in paragraph (1) is located shall have jurisdiction to enforce compliance with this subsection.

(4) Nothing in this section shall-

(A) preempt applicable State law concerning the provision of records and other information; or

(B) in any way limit rights to obtain records and other information under Federal law, contracts, or otherwise.

(5) As used in this subsection the terms "affiliate", "associate company", "electric utility company", "holding company", "subsidiary company", and "exempt wholesale generator" shall have the same meaning as when used in the Public Utility Holding Company Act of 2005 [42 U.S.C. 16451 et seq.].

(June 10, 1920, ch. 285, pt. II, §201, as added Aug. 26, 1935, ch. 687, title II, §213, 49 Stat. 847 ; amended Pub. L. 95–617, title II, §204(b), Nov. 9, 1978, 92 Stat. 3140 ; Pub. L. 102–486, title VII, §714, Oct. 24, 1992, 106 Stat. 2911 ; Pub. L. 109–58, title XII, §§1277(b)(1), 1291(c), 1295(a), Aug. 8, 2005, 119 Stat. 978 , 985; Pub. L. 114–94, div. F, §61003(b), Dec. 4, 2015, 129 Stat. 1778 .)

References in Text

The Rural Electrification Act of 1936, referred to in subsec. (f), is act May 20, 1936, ch. 432, 49 Stat. 1363 , as amended, which is classified generally to chapter 31 (§901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 and Tables.

The Public Utility Holding Company Act of 2005, referred to in subsec. (g)(5), is subtitle F of title XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972 , which is classified principally to part D (§16451 et seq.) of subchapter XII of chapter 149 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of Title 42 and Tables.

Amendments

2015-Subsec. (b)(2). Pub. L. 114–94, §61003(b)(1), inserted "824o–1," after "824o," in two places.

Subsec. (e). Pub. L. 114–94, §61003(b)(2), inserted "824o–1," after "824o,".

2005-Subsec. (b)(2). Pub. L. 109–58, §1295(a)(1), substituted "Notwithstanding subsection (f), the provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this title" for "The provisions of sections 824i, 824j, and 824k of this title" and "Compliance with any order or rule of the Commission under the provisions of section 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title" for "Compliance with any order of the Commission under the provisions of section 824i or 824j of this title".

Subsec. (e). Pub. L. 109–58, §1295(a)(2), substituted "section 824e(e), 824e(f), 824i, 824j, 824j–1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title" for "section 824i, 824j, or 824k of this title".

Subsec. (f). Pub. L. 109–58, §1291(c), which directed amendment of subsec. (f) by substituting "political subdivision of a State, an electric cooperative that receives financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that sells less than 4,000,000 megawatt hours of electricity per year," for "political subdivision of a state,", was executed by making the substitution for "political subdivision of a State," to reflect the probable intent of Congress.

Subsec. (g)(5). Pub. L. 109–58, §1277(b)(1), substituted "2005" for "1935".

1992-Subsec. (g). Pub. L. 102–486 added subsec. (g).

1978-Subsec. (b). Pub. L. 95–617, §204(b)(1), designated existing provisions as par. (1), inserted "except as provided in paragraph (2)" after "in interstate commerce, but", and added par. (2).

Subsec. (e). Pub. L. 95–617, §204(b)(2), inserted "(other than facilities subject to such jurisdiction solely by reason of section 824i, 824j, or 824k of this title)" after "under this subchapter".

Effective Date of 2005 Amendment

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

State Authorities; Construction

Nothing in amendment by Pub. L. 102–486 to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title.

Prior Actions; Effect On Other Authorities

Pub. L. 95–617, title II, §214, Nov. 9, 1978, 92 Stat. 3149 , provided that:

"(a) Prior Actions.-No provision of this title [enacting sections 823a, 824i to 824k, 824a–1 to 824a–3 and 825q–1 of this title, amending sections 796, 824, 824a, 824d, and 825d of this title and enacting provisions set out as notes under sections 824a, 824d, and 825d of this title] or of any amendment made by this title shall apply to, or affect, any action taken by the Commission [Federal Energy Regulatory Commission] before the date of the enactment of this Act [Nov. 9, 1978].

"(b) Other Authorities.-No provision of this title [enacting sections 823a, 824i to 824k, 824a–1 to 824a–3 and 825q–1 of this title, amending sections 796, 824, 824a, 824d, and 825d of this title and enacting provisions set out as notes under sections 824a, 824d, and 825d of this title] or of any amendment made by this title shall limit, impair or otherwise affect any authority of the Commission or any other agency or instrumentality of the United States under any other provision of law except as specifically provided in this title."

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