FPA Section 210

Page 1337

TITLE 16—CONSERVATION

§ 824i

tion of such cost or depreciation, and the fair
value of such property.
(b) Request for inventory and cost statements
Every public utility upon request shall file
with the Commission an inventory of all or any
part of its property and a statement of the original cost thereof, and shall keep the Commission
informed regarding the cost of all additions, betterments, extensions, and new construction.

and proper conduct of its affairs, it may upon request from a State make available to such State
as witnesses any of its trained rate, valuation,
or other experts, subject to reimbursement to
the Commission by such State of the compensation and traveling expenses of such witnesses.
All sums collected hereunder shall be credited to
the appropriation from which the amounts were
expended in carrying out the provisions of this
subsection.

(June 10, 1920, ch. 285, pt. II, § 208, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 853.)

(June 10, 1920, ch. 285, pt. II, § 209, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 853.)

§ 824h. References to State boards by Commission

§ 824i. Interconnection authority

(a) Composition of boards; force and effect of
proceedings
The Commission may refer any matter arising
in the administration of this subchapter to a
board to be composed of a member or members,
as determined by the Commission, from the
State or each of the States affected or to be affected by such matter. Any such board shall be
vested with the same power and be subject to
the same duties and liabilities as in the case of
a member of the Commission when designated
by the Commission to hold any hearings. The
action of such board shall have such force and
effect and its proceedings shall be conducted in
such manner as the Commission shall by regulations prescribe. The board shall be appointed by
the Commission from persons nominated by the
State commission of each State affected or by
the Governor of such State if there is no State
commission. Each State affected shall be entitled to the same number of representatives on
the board unless the nominating power of such
State waives such right. The Commission shall
have discretion to reject the nominee from any
State, but shall thereupon invite a new nomination from that State. The members of a board
shall receive such allowances for expenses as the
Commission shall provide. The Commission
may, when in its discretion sufficient reason exists therefor, revoke any reference to such a
board.
(b) Cooperation with State commissions
The Commission may confer with any State
commission regarding the relationship between
rate structures, costs, accounts, charges, practices, classifications, and regulations of public
utilities subject to the jurisdiction of such State
commission and of the Commission; and the
Commission is authorized, under such rules and
regulations as it shall prescribe, to hold joint
hearings with any State commission in connection with any matter with respect to which the
Commission is authorized to act. The Commission is authorized in the administration of this
chapter to avail itself of such cooperation, services, records, and facilities as may be afforded
by any State commission.
(c) Availability of information and reports to
State commissions; Commission experts
The Commission shall make available to the
several State commissions such information and
reports as may be of assistance in State regulation of public utilities. Whenever the Commission can do so without prejudice to the efficient

(a) Powers of Commission; application by State
regulatory authority
(1) Upon application of any electric utility,
Federal power marketing agency, geothermal
power producer (including a producer which is
not an electric utility), qualifying cogenerator,
or qualifying small power producer, the Commission may issue an order requiring—
(A) the physical connection of any cogeneration facility, any small power production facility, or the transmission facilities of any
electric utility, with the facilities of such applicant,
(B) such action as may be necessary to make
effective any physical connection described in
subparagraph (A), which physical connection
is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability,
(C) such sale or exchange of electric energy
or other coordination, as may be necessary to
carry out the purposes of any order under subparagraph (A) or (B), or
(D) such increase in transmission capacity
as may be necessary to carry out the purposes
of any order under subparagraph (A) or (B).
(2) Any State regulatory authority may apply
to the Commission for an order for any action
referred to in subparagraph (A), (B), (C), or (D)
of paragraph (1). No such order may be issued by
the Commission with respect to a Federal power
marketing agency upon application of a State
regulatory authority.
(b) Notice, hearing and determination by Commission
Upon receipt of an application under subsection (a) of this section, the Commission
shall—
(1) issue notice to each affected State regulatory authority, each affected electric utility, each affected Federal power marketing
agency, each affected owner or operator of a
cogeneration facility or of a small power production facility, and to the public.
(2) afford an opportunity for an evidentiary
hearing, and
(3) make a determination with respect to the
matters referred to in subsection (c) of this
section.
(c) Necessary findings
No order may be issued by the Commission
under subsection (a) of this section unless the
Commission determines that such order—
(1) is in the public interest,

§ 824j

TITLE 16—CONSERVATION

(2) would—
(A) encourage overall conservation of energy or capital,
(B) optimize the efficiency of use of facilities and resources, or
(C) improve the reliability of any electric
utility system or Federal power marketing
agency to which the order applies, and
(3) meets the requirements of section 824k of
this title.
(d) Motion of Commission
The Commission may, on its own motion,
after compliance with the requirements of paragraphs (1) and (2) of subsection (b) of this section, issue an order requiring any action described in subsection (a)(1) of this section if the
Commission determines that such order meets
the requirements of subsection (c) of this section. No such order may be issued upon the Commission’s own motion with respect to a Federal
power marketing agency.
(e) Definitions
(1) As used in this section, the term ‘‘facilities’’ means only facilities used for the generation or transmission of electric energy.
(2) With respect to an order issued pursuant to
an application of a qualifying cogenerator or
qualifying small power producer under subsection (a)(1) of this section, the term ‘‘facilities
of such applicant’’ means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified
in the application. With respect to an order issued pursuant to an application under subsection (a)(2) of this section, the term ‘‘facilities
of such applicant’’ means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities
of an electric utility, as specified in the application. With respect to an order issued by the
Commission on its own motion under subsection
(d) of this section, such term means the qualifying cogeneration facilities, qualifying small
power production facilities, or the transmission
facilities of an electric utility, as specified in
the proposed order.
(June 10, 1920, ch. 285, pt. II, § 210, as added Pub.
L. 95–617, title II, § 202, Nov. 9, 1978, 92 Stat. 3135;
amended Pub. L. 96–294, title VI, § 643(a)(2), June
30, 1980, 94 Stat. 770.)
AMENDMENTS
1980—Subsec. (a)(1). Pub. L. 96–294 added applicability
to geothermal power producers.
STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON
APPLICATION OF PROVISIONS RELATING TO COGENERATION, SMALL POWER PRODUCTION, AND INTERCONNECTION AUTHORITY TO HYDROELECTRIC POWER FACILITIES

For provisions requiring the Federal Energy Regulatory Commission to conduct a study and report to
Congress on whether the benefits of this section and
section 824a–3 of this title should be applied to hydroelectric power facilities utilizing new dams or diversions, within the meaning of section 824a–3(k) of this
title, see section 8(d) of Pub. L. 99–495, set out as a note
under section 824a–3 of this title.

Page 1338

§ 824j. Wheeling authority
(a) Transmission service by any electric utility;
notice, hearing and findings by Commission
Any electric utility, Federal power marketing
agency, or any other person generating electric
energy for sale for resale, may apply to the
Commission for an order under this subsection
requiring a transmitting utility to provide
transmission services (including any enlargement of transmission capacity necessary to provide such services) to the applicant. Upon receipt of such application, after public notice and
notice to each affected State regulatory authority, each affected electric utility, and each affected Federal power marketing agency, and
after affording an opportunity for an evidentiary hearing, the Commission may issue
such order if it finds that such order meets the
requirements of section 824k of this title, and
would otherwise be in the public interest. No
order may be issued under this subsection unless
the applicant has made a request for transmission services to the transmitting utility that
would be the subject of such order at least 60
days prior to its filing of an application for such
order.
(b) Reliability of electric service
No order may be issued under this section or
section 824i of this title if, after giving consideration to consistently applied regional or national reliability standards, guidelines, or criteria, the Commission finds that such order
would unreasonably impair the continued reliability of electric systems affected by the order.
(c) Replacement of electric energy
No order may be issued under subsection (a) or
(b) of this section which requires the transmitting utility subject to the order to transmit,
during any period, an amount of electric energy
which replaces any amount of electric energy—
(1) required to be provided to such applicant
pursuant to a contract during such period, or
(2) currently provided to the applicant by
the utility subject to the order pursuant to a
rate schedule on file during such period with
the Commission: Provided, That nothing in
this subparagraph shall prevent an application
for an order hereunder to be filed prior to termination or modification of an existing rate
schedule: Provided, That such order shall not
become effective until termination of such
rate schedule or the modification becomes effective.
(d) Termination or modification of order; notice,
hearing and findings of Commission; contents of order; inclusion in order of terms
and conditions agreed upon by parties
(1) Any transmitting utility ordered under
subsection (a) or (b) of this section to provide
transmission services may apply to the Commission for an order permitting such transmitting
utility to cease providing all, or any portion of,
such services. After public notice, notice to each
affected State regulatory authority, each affected Federal power marketing agency, each affected transmitting utility, and each affected
electric utility, and after an opportunity for an
evidentiary hearing, the Commission shall issue