Statute - 16 USC 825h

Page 1353

§ 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and superseded.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972, 973, repealed the Classification Act of 1923 and all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 The Classification Act of 1949 was repealed Pub.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-