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FEDERAL POWER ACT

PART I

Federal Power
Commission.

composition of.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled [as amended 1], That a commission is hereby created and established, to be known as the Federal Power Commission (hereinafter referred to as the "commission") which shall be composed of five Creation and commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission: Provided, That after the expiration of the original term of the commissioner so designated as chairman by the President, chairmen shall be elected by the Commission itself, each chairman when so elected to act as such until the expiration of his term of office. [41 Stat. 1063; 46 Stat. 797; 16 U.S.C. 792]

Chairman of,

appointed by Previse. ceeding chairTenure.

President.

Election of suc

men.

Terms of com

The commissioners first appointed under this section, missioners. as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from the date this section, as amended, takes effect, the term of each to be designated by the President at the time

of nomination. Their successors shall be appointed each of successors. for a term of five years from the date of the expiration of the term for which his predecessor was appointed and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except

that any person appointed to fill a vacancy occurring Exceptions. prior to the expiration of the term for which his

1 See Foreword.

2 See Reorganization Plan No. 9 on p. 155

1

Restriction of appointment because of political, etc., affiliations.

predecessor was appointed shall be appointed only for the unexpired term.3 Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner Other business, pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioner. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, and the Commission shall have an official seal of which judicial notice shall Election of vice be taken. The Commission shall annually elect a vice

etc., by commissioners prohib

ited.

Right to function if vacancy exists.

Quorum and seal.

chairman.

Compensation, traveling, etc., expenses.

Principal office in District for general sessions.

Special sessions.

Office personnel.

chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman. [46 Stat. 797-798; 16 U.S.C. 792]

Each commissioner shall receive an annual salary of $10,000, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law, while away from the seat of government upon official business.* [46 Stat. 798; 16 U.S.C. 792]

The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special session in any part of the United States. [46 Stat. 798; 16 U.S.C. 792]

SEC. 2. [As amended June 23, 1930, Oct. 28, 1949, and Oct. 31, 1951.15 The Commission shall have authority

Amended by Act of July 12, 1960, 74 Stat. 407.

The Federal Executive Salary Act of 1964, as amended, P.L. 88-426, 78 Stat. 400, 415, 417, 419, Aug. 14, 1964, codified by P.L. 89-554, 80 Stat. 378, 461, 463, Sept. 6, 1966, placed the Chairman, F.P.C., in Level III and the Members, F.P.C., in Level IV of the Federal Executive Salary Schedule, for which the annual rate of basic compensation is, respectively, $40,000 for the Chairman and $38,000 for the Members. This superseded the Act of Oct. 15, 1949, 63 Stat. 880-881, which fixed the rate for all Members at $15,000; and the Act of July 31, 1956, 70 Stat. 737-738, which fixed the Chairman's salary at $20,500 and that of the Members at $20,000 per annum. See note in 5 U.S.C. 5314, 5315 fixing current salary levels.

5 See Reorganization Plan No. 9 on p. 155.

and salaries.

Detail of

officers

from other

to appoint, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general counsel, a solici- Appointment tor, and a chief accountants; and may, subject to the civil service laws, appoint such other officers and employees as are necessary in the execution of its functions and fix their salaries in accordance with the Classification Act of 1949. The Commission may request the President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, departments. to serve the Commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the Commission; and such detail is hereby authorized. The President may also, at the request of the Commission, detail, assign, or transfer to the Commission engineers in or under the Departments of the Interior or Agriculture for field work outside the seat of government under the direction of the Commission. [46 Stat. 798; 63 Stat. 792; 16 U.S.C. 793]

penses author

The Commission may make such expenditures (including expenditures for rent and personal services at the Contingent exseat of government and elsewhere, for law books, ized. periodicals, and books of reference, and for printing and binding) as are necessary to execute its functions. Expenditures by the Commission shall be allowed and paid upon the presentation of itemized vouchers therefor, approved by the chairman of the Commission or by such other member or officer as may be authorized by the Commission for that purpose subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended. [46 Stat. 798; 65 Stat. 707; 16 U.S.C. 793]

SEC. 3. [As amended August 26, 1935.] The words defined in this section shall have the following meanings for purposes of this Act, to wit:

Meaning of terms as used.

(1) "public lands" means such lands and interest in lands owned by the United States as are subject to "Public lands.” private appropriation and disposal under public land laws. It shall not include "reservations," as herein

•These positions are now in the classified civil service and subject to the applicable compensation schedules. The authority for covering excepted positions into the classified civil service was given to the President by the Act of November 26, 1940 (54 Stat. 1211, 5 U.S.C. 631a (1964)), codified in part to 5 U.S.C. 2102 (1964 ed., Supp. V, 1965-1969)) and exercised by Executive Order 8743, April 25, 1941, as amended (5 U.S.C. 631a note (1964 ed.)).

"Reservations."

"Corporation."

"Person."

"Licensee."

"State."

"Municipality."

"Navigable waters."

after defined; [41 Stat. 1063; 49 Stat. 838; 16 U.S.C. 796 (1)]

(2) "reservations" means national forest, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks; [41 Stat. 1063–1064; 49 Stat. 838; 16 U.S.C. 796(2)]

(3) "corporation" means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include "municipalities" as hereinafter defined; [41 Stat. 1064; 49 Stat. 838; 16 U.S.C. 796 (3)]

(4) "person" means an individual or a corporation; [49 Stat. 838; 16 U.S.C. 796 (4)]

(5) "licensee" means any person, State, or municipality licensed under the provisions of section 4 of this Act, and any assignee or successor in interest thereof; [49 Stat. 838; 16 U.S.C. 796 (5)]

(6) "State" means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States; [41 Stat. 1064; 49 Stat. 838; 16 U.S.C. 796(6)]

(7) "municipality" means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power; [41 Stat. 1064; 49 Stat. 838; 16 U.S.C. 796 (7)]

(8) "navigable waters" means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in inter

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