Court may sell project. Vendee to take rights and assume obligations of licensee. State laws not affected. Right to alter, amend, or repeal Act reserved. Inconsistent Acts repealed. Proviso to San Fran cisco not affected. provisions of this Act. In the event a decree revoking a license is entered, the court is empowered to sell the whole or any part of the project or projects under license, to wind up the business of such licensee conducted in connection with such project or projects, to distribute the proceeds to the parties entitled to the same, and to make and enforce such further orders and decrees as equity and justice may require. At such sale or sales the vendee shall take the rights and privileges belonging to the licensee and shall perform the duties of such licensee and assume all outstanding obligations and liabilities of the licensee which the court may deem equitable in the premises; and at such sale or sales the United States may become a purchaser, but it shall not be required to pay a greater amount than it would be required to pay under the provisions of section 14 hereof at the termination of the license. [41 Stat. 1076; 16 U.S.C. 820.] SEC. 27. That nothing herein contained shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein. [41 Stat. 1077; 16 U.S.C. 821] SEC. 28. That the right to alter, amend, or repeal this Act is hereby expressly reserved; but no such alteration, amendment, or repeal shall affect any license theretofore issued under the provisions of this Act, or the rights of any licensee thereunder. [41 Stat. 1077; 16 U.S.C. 822] SEC. 29. That all Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, That Rights granted nothing herein contained shall be held or construed to modify or repeal any of the provisions of the Act of Congress approved December 19, 1913, granting certain rights-of-way to the city and county of San Francisco, in the State of California: Provided further, That section 18 of an Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other pur Proviso-Sec. 18, Act of Aug. 8, 1917, repealed. poses, approved August 8, 1917, is hereby repealed. [41 Stat. 1077; 16 U.S.C. 823] SEC. 30. [Repealed August 26, 1935."1] 21 Sections 212 and 213 of the Public Utility Act of 1935 approved August 26, 1935, read as follows: "SEC. 212. Sections 1 to 29, inclusive, of the Federal Water Power Act, as amended, shall constitute Part I of that Act, and sections 25 and 30 of such Act, as amended, are repealed: Provided, That nothing in that Act, as amended, shall be construed to repeal or amend the provisions of the amendment to the Federal Water Power Act approved March 3, 1921 (41 Stat. 1353), or the provisions of any other Act relating to national parks and natural monuments. "SEC. 213. The Federal Water Power Act, as amended, is further amended by adding thereto the following parts:" [49 Stat. 847] Declaration of policy. Application of Part to transmission and sale in interstate commerce. PART II-REGULATION OF ELECTRIC DECLARATION OF POLICY; APPLICATION OF PART; SECTION 201. (a) It is hereby 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 Part and the Part next following 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. [49 Stat. 847; no State provi- 16 U.S.C. 824 (a)] Wholesale sale of energy. Regulation by sion therefor. Exportation of Jurisdiction of Commission has no jurisdiction over generating facilities, etc. What constitutes "inter state transmis sion." (b) The provisions of this Part shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but 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 Part and the Part next following, 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.1 [49 Stat. 847-848; 16 U.S.C. 824 (b)] (c) For the purpose of this Part, electric energy shall be held to be transmitted in interstate commerce if transmitted from a State and consumed at any 1 See section 272 of the Atomic Energy Act of 1954, on p. 168. point outside thereof; but only insofar as such transmission takes place within the United States. [49 Stat. 848; 16 U.S.C. 824 (c)] sale of energy." "Public (d) The term "sale of electric energy at wholesale" "Wholesale when used in his Part means a sale of electric energy to any person for resale. [49 Stat. 848; 16 U.S.C. 824 (d)] (e) The term "public utility" when used in this Part utility." or in the Part next following means any person who owns or operates facilities subject to the jurisdiction of the Commission under this Part. [49 Stat. 848; 16 U.S.C. 824 (e)] (f) No provision in this Part shall apply to, or be deemed to include, the United States, a State or any political subdivision of a state, 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, employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto. [49 Stat. 848; 16 U.S.C. 824 (f)] Provisions in this Part not applicable to States, or agen United States, cies or corporations of either. Interconnection and coordination of facilities. natural re tricts. INTERCONNECTION AND COORDINATION OF FACILITIES; EMERGENCIES; TRANSMISSION TO FOREIGN COUNTRIES SEC. 202. [As amended August 7, 1953.] (a) For the purpose of assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and conservation of natural resources, the Commis- Conservation of sion is empowered and directed to divide the country sources. into regional districts for the voluntary interconnection Regional disand coordination of facilities for the generation, transmission, and sale of electric energy, and it may at any time thereafter, upon its own motion or upon application, make such modifications thereof as in its judgment will promote the public interest. Each such district shall embrace an area which, in the judgment of the Commission, can economically be served by such interconnected and coordinated electric facilities. It shall be the duty of the Commission to promote and encourage such interconnection and coordination within each such district and between such districts. Before establishing any such district and fixing or modifying the boundaries Voluntary in terconnection and coordina tion of facili ties. Commission to cooperate with States in estabdistricts. lishing regional Hearings upon application for interconnection of facilities. thereof the Commission shall give notice to the State commission of each State situated wholly or in part within such district, and shall afford each such State commission reasonable opportunity to present its views and recommendations, and shall receive and consider such views and recommendations. [49 Stat. 848; 16 U.S.C. 824a (a)] (b) Whenever the Commission, upon application of any State commission or of any person engaged in the transmission or sale of electric energy, and after notice to each State commission and public utility affected and after opportunity for hearing, finds such action necessary or appropriate in the public interest it may by order direct a public utility (if the Commission finds that no undue burden will be placed upon such public utility thereby) to establish physical connection of its transmission facilities with the facilities of one or more other persons engaged in the transmission or sale of electric energy, to sell energy to or Proviso. Com exchange energy with such persons: Provided, That the Commission may order interconnection. mission cannot compel en largement of generating facilities. Commission shall have no authority to compel the enlargement of generating facilities for such purposes, nor to compel such public utility to sell or exchange energy when to do so would impair its ability to render adequate service to its customers. The Commission may prescribe the terms and conditions of the arrangement to be made between the persons affected by any tion and appor such order, including the apportionment of cost between them and the compensation or reimbursement reasonably due to any of them. [49 Stat. 848-849; 16 U.S.C. 824a (b)] Commission may prescribe terms and conditions of arrangements for interconnec tion cost thereof. Temporary interconnection during na tional emer gency. Notice and hearing not required. (c) During the continuance of any war in which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities. for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy |