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Sec.

804.

805.

806.

807.

808.

809.

(h) Monopolistic combinations; prevention or minimization of anticompetitive conduct; action by Commission regarding license and operation and maintenance of project.

(i) Waiver of conditions.

(j) Fish and wildlife protection, mitigation and enhancement; consideration of recommendations; findings.

Project works affecting navigable waters; requirements insertable in license. Participation by Government in costs of locks, etc.

Time limit for construction of project works; extension of time; termination or revocation of licenses for delay.

Right of Government to take over project works.

(a) Compensation; condemnation by
Federal or State Government.
(b) Relicensing proceedings; Federal
agency recommendations of take
over by Government; stay of orders
for new licenses; termination of
stay; notice to Congress.

New licenses and renewals.

(a) Relicensing procedures; terms and
conditions; issuance to applicant
with proposal best adapted to serve
public interest; factors considered.
(b) Notification of intention regarding
renewal; public availability of docu-
ments; notice to public and Federal
agencies; identification of Federal
or Indian lands included; additional
information required.

(c) Time of filing application; consulta-
tion and participation in studies
with fish and wildlife agencies;
notice to applicants; adjustment of
time periods.

(d) Adequacy of transmission facilities;
provision of services to successor by
existing licensee; tariff; final order;
modification, extension or termina-
tion of order.

(e) License term on relicensing.
(f) Nonpower use licenses; recordkeep-
ing.

Temporary use by Government of project

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824a.

Declaration of policy; application of subchapter.

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

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

(c) Electric energy in interstate com

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(e) "Public utility" defined.

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

(g) Books and records.

Interconnection and coordination of facilities; emergencies; transmission to foreign countries.

(a) Regional districts; establishment;
notice to State commissions.
(b) Sale or exchange of energy; estab-
lishing physical connections.
(c) Temporary connection and exchange
of facilities during emergency.
(d) Temporary connection during emer-
gency by persons without jurisdic-
tion of Commission.

(e) Transmission of electric energy to
foreign country.

(f) Transmission or sale at wholesale of electric energy; regulation.

(g) Continuance of service.

(a) State laws.

(b) Pooling study.

(a) Study.

(b) Examination of reliability issues by reliability councils.

works for national safety; compensation for use.

824a-1.

Pooling.

810.

Disposition of charges arising from licenses.

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Reliability.

811.

Operation of navigation facilities; rules and

regulations; penalties.

812.

Public-service licensee; regulations by State or by commission as to service, rates, charges, etc.

813.

824a-3.

814.

815.

816.

817.

818.

819.

820.

821.

Power entering into interstate commerce; regulation of rates, charges, etc. Exercise by licensee of power of eminent domain.

Contract to furnish power extending beyond period of license; obligations of new licens

ee.

Preservation of rights vested prior to June 10, 1920.

Projects not affecting navigable waters; necessity for Federal license, permit or rightof-way; unauthorized activities.

Public lands included in project; reservation of lands from entry. Repealed.

Proceedings for revocation of license or to prevent violations of license.

State laws and water rights unaffected.

(c) Department of Energy recommendations.

Cogeneration and small power production. (a) Cogeneration and small power production rules.

(b) Rates for purchases by electric utili-
ties.

(c) Rates for sales by utilities.
(d) "Incremental cost of alternative elec-
tric energy" defined.

(e) Exemptions.
(f) Implementation of rules for qualify-
ing cogeneration and qualifying
small power production facilities.
(g) Judicial review and enforcement.
(h) Commission enforcement.
(i) Federal contracts.

(j) New dams and diversions.

(k) "New dam or diversion" defined.
(1) Definitions.

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Wheeling authority.

(b) Permit.

824b.

824c.

824d.

824e.

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(d) Authorization of capitalization not to exceed amount paid.

(e) Notes or drafts maturing less than one year after issuance.

(f) Public utility securities regulated by State not affected.

(g) Guarantee or obligation on part of United States.

(h) Filing duplicate reports with the Securities and Exchange Commission. Rates and charges; schedules; suspension of new rates; automatic adjustment clauses. (a) Just and reasonable rates.

(b) Preference or advantage unlawful.
(c) Schedules.

(d) Notice required for rate changes.

(e) Suspension of new rates; hearings;

five-month period.

(f) Review of automatic

adjustment

clauses and public utility practices; action by Commission; "automatic adjustment clause" defined.

Power of Commission to fix rates and charges; determination of cost of production or transmission.

(a) Unjust or preferential rates, etc.; statement of reasons for changes; hearing; specification of issues.

(b) Refund effective date; preferential proceedings; statement of reasons for delay; burden of proof; scope of refund order; refund orders in cases of dilatory behavior; interest.

(c) Refund considerations; shifting costs; reduction in revenues; "electric utility companies" and "registered holding company" defined.

824k.

8241.

824m.

(a) Transmission service by any electric
utility; notice, hearing and findings
by Commission.

(b) Reliability of electric service.
(c) Replacement of electric energy.
(d) Termination or modification of
order; notice, hearing and findings
of Commission; contents of order;
inclusion in order of terms and con-
ditions agreed upon by parties.

(e) "Facilities" defined.

Orders requiring interconnection or wheeling.

(a) Rates, charges, terms, and conditions for wholesale transmission services. (b) Repealed.

(c) Issuance of proposed order; agree-
ment by parties to terms and condi-
tions of order; approval by Com-
mission; inclusion in final order;
failure to agree.

(d) Statement of reasons for denial.
(e) Savings provisions.

(f) Effective date of order; hearing;
notice; review.

(g) Prohibition on orders inconsistent
with retail marketing areas.
(h) Prohibition on

mandatory retail wheeling and sham wholesale transactions.

(i) Laws applicable to Federal Columbia River Transmission System.

(j) Equitability within territory restricted electric systems.

(k) ERCOT utilities.

Information requirements.

(a) Requests for wholesale transmission

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(d) Investigation of costs.

824f.

824g.

Ordering furnishing of adequate service. Ascertainment of cost of property and depreciation.

825c.

825d.

824h.

824i.

(a) Investigation of property costs.
(b) Request for inventory and cost state-
ments.

References to State boards by Commission.
(a) Composition of boards; force and
effect of proceedings.

(b) Cooperation with State commissions. (c) Availability of information and reports to State commissions; Commission experts.

Interconnection authority.

(a) Powers of Commission; application by State regulatory authority.

(b) Notice, hearing and determination by Commission.

(c) Necessary findings.

(d) Motion of Commission.

(e) Definitions.

825e. 825f.

825g.

PUBLIC

(a) Duty to keep.

(b) Access to and examination by the

Commission.

(c) Controlling individual.

Rates of depreciation; notice to State authorities before fixing.

Requirements applicable to agencies of United States.

Periodic and special reports; obstructing filing reports or keeping accounts, etc. Officials dealing in securities.

(a) Benefits; making or declaring dividends out of capital account.

(b) Interlocking directorates.

(c) Statement of prior positions; definitions.

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8250.

(a) Forfeiture.

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828.

Utilization of power revenues.

Interest rate on power bonds held by Admin-
istrator of General Services.

SUBCHAPTER IV-STATE AND MUNICIPAL
WATER CONSERVATION FACILITIES

828a.

828b.

828c.

Facilitation of development and construction of water conservation facilities; exemption from certain Federal requirements. Definitions.

Exemption from formula, books and records, and project cost statement requirements; annual charges.

Applicability of this subchapter.

APPLICATION TO NATIONAL PARKS

Acadia National Park, see section 342b of this title. Big Bend National Park, see section 158 of this title. Bryce Canyon National Park, see section 402e of this title.

Carlsbad Caverns National Park, see section 407b of this title.

Everglades National Park, see section 410b of this title.

Grand Canyon National Park, see section 221b of this title.

Great Smoky Mountains National Park, see section 403b of this title.

Hawaii National Park, see sections 391, 391b-1 of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 21b, 47b, 47f, 90d-4, 108, 158, 197, 201b, 2047, 205a, 207a, 221b, 342b, 391, 391b-1, 402e, 403b, 404b, 405, 407b, 408b, 410b, 435, 459a-1, 460m-11, 460m-21, 460ee, 460gg-2, 460ii-3, 460iii-3, 577b, 824a-1, 824a-3, 832h, 833g, 836, 839e, 1278, 2603, 2705, 3215 of this title; title 15 section 790a; title 25 section 326; title 30 section 621; title 33 section 467a; title 42 sections 2019, 7172, 7173, 7473, 7651b; title 43 sections 617d, 617e, 617k, 6177, 1634, 1761.

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Section 212 of act of Aug. 26, 1935, ch. 687, 49 Stat. 847, provided that sections 1 to 29 of the Federal Water Power Act, as amended (sections 792, 793, 794 to 797, 798 to 818, 819, and 820 to 823 of this title) shall constitute part I of the act. Said section 212 also repealed sections 25 and 30 of the act (sections 819, 791 of this title). It also contained a proviso as follows: "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 [section 797a of this title]), or the provisions of any other Act relating to national parks and national monuments."

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 797b, 797c, 797d, 824a-3, 8250, 2705, 3215 of this title; title 42 section 7172; title 43 sections 1555, 1634, 1761.

§ 791. Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847

Section, act June 10, 1920, ch. 285, § 30, 41 Stat. 1077, designated the act as The Federal Water Power Act.

§ 791a. Short title

This chapter may be cited as the "Federal Power Act".

(June 10, 1920, ch. 285, pt. III, § 321, formerly § 320, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863; renumbered Nov. 9, 1978, Pub. L. 95-617, title II, § 212, 92 Stat. 3148.)

CODIFICATION

Section was enacted as part of part III of the Federal Power Act, and not as part of part I of that Act which comprises this subchapter.

SHORT TITLE OF 1990 Amendment Pub. L. 101-575, § 1, Nov. 15, 1990, 104 Stat. 2834, provided that: "This Act [enacting section 2243 of Title 42. The Public Health and Welfare, amending sections 796 and 824a-3 of this title and sections 2014, 2061, 2201, and 2284 of Title 42, and enacting provisions set out as a note under section 796 of this title] may be cited as the 'Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-473, § 1, Oct. 6, 1988, 102 Stat. 2299, provided that: "This Act [amending section 824e of this title and enacting provisions set out as notes under section 824e of this title] may be cited as the 'Regulatory Fairness Act'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-495, § 1(a), Oct. 16, 1986, 100 Stat. 1243, provided that: "This Act [enacting sections 797b and 823b of this title, amending sections 797, 800, 802, 803, 807, 808, 817, 823a, 824a-3, and 824j of this title, and enacting provisions set out as notes under sections 797, 803, 823a, 824a-3, and 825h of this title] may be cited as the Electric Consumers Protection Act of 1986'." 8792. Federal Power Commission; creation; number; appointment; term; qualifications; vacancies; quorum; chairman; salary; place of holding sessions

A commission is created and established to be known as the Federal Power Commission (hereinafter referred to as the "commission") which shall be composed of five 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. Each chairman, when so designated, shall act as such until the expiration of his term of office.

The commissioners first appointed under this section, as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from June 23, 1930, the term of each to be designated by the President at the time of nomination. Their successors shall be appointed each 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 prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term. 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 pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioners. 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 be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman.

Each commissioner shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitation prescribed by law, while away from the seat of government upon official business.

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 sessions in any part of the United States.

(June 10, 1920, ch. 285, pt. I, § 1, 41 Stat. 1063; June 23, 1930, ch. 572, § 1, 46 Stat. 797; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; 1950 Reorg. Plan No. 9, § 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265; July 12, 1960, Pub. L. 86-619, § 1, 74 Stat. 407.)

CODIFICATION

Provisions which prescribed the compensation of commissioners were omitted as obsolete. Compensation of the Chairman and members of the Commission was prescribed by sections 5314 and 5315 of Title 5, Government Organization and Employees, prior to termination of the Commission. See Transfer of Functions note below.

AMENDMENTS

1960-Pub. L. 86-619 provided for continuation in office of a commissioner upon termination of his term until a successor is appointed and has qualified, not beyond expiration of next session of Congress subsequent to the expiration of said fixed term of office.

1930-Act June 23, 1938, amended section generally. Prior to amendment section read as follows: "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 the Secretary of War, the Secretary of the Interior, and the Secretary of Agriculture. Two members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal, which shall be judicially noticed. The President shall designate the chairman of the commission."

REPEALS

Act Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 655.

TRANSFER OF FUNCTIONS

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, The Public Health and Welfare.

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, set out below.

REORGANIZATION PLAN NO. 9 OF 1950

Eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.).

FEDERAL POWER COMMISSION

SECTION 1. Transfer of FUNCTIONS TO THE CHAIRMAN

(a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Power Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds.

(b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission.

(3) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any functions transferred to the Chairman by the provisions of this reorganization plan.

SEC. 3. DESIGnation of CHAIRMAN

The functions of the Commission with respect to choosing a chairman from among the commissioners composing the Commission are hereby transferred to the President.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 10 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Securities and Exchange Commission. My reasons for transmitting this plan are stated in an accompanying general message.

After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 10 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.

The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable.

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§ 793. Appointment of officers and employees of Commission; duties, and salaries; detail of officers and employees from other departments; expenditures authorized

The commission shall have authority to appoint, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general counsel, a solicitor, and a chief accountant; 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 chapter 51 and subchapter III of chapter 53 of title 5. 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, 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 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. The commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for law books, 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 [40 U.S.C. 471 et seq.].

(June 10, 1920, ch. 285, pt. I, § 2, 41 Stat. 1063; June 23, 1930, ch. 572, § 1, 46 Stat. 798; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Oct. 31, 1951, ch. 654, § 2(14), 65 Stat. 707.)

REFERENCES IN TEXT

The civil service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 of et seq. of Title 5.

The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to regulations are classified to section 486 of Title 40, Public Buildings, Property, and Works. Provisions of that act relating to contracts are classified to subchapter IV (§ 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.

CODIFICATION

All appointments referred to in the first sentence are subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 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.

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