16 USC 824f (FPA Section 207)

§ 824f

TITLE 16—CONSERVATION
LIMITATION ON AUTHORITY PROVIDED

Section 3 of Pub. L. 100–473 provided that: ‘‘Nothing
in subsection (c) of section 206 of the Federal Power
Act, as amended (16 U.S.C. 824e(c)) shall be interpreted
to confer upon the Federal Energy Regulatory Commission any authority not granted to it elsewhere in such
Act [16 U.S.C. 791a et seq.] to issue an order that (1) requires a decrease in system production or transmission
costs to be paid by one or more electric utility companies of a registered holding company; and (2) is based
upon a determination that the amount of such decrease
should be paid through an increase in the costs to be
paid by other electric utility companies of such registered holding company. For purposes of this section,
the terms ‘electric utility companies’ and ‘registered
holding company’ shall have the same meanings as provided in the Public Utility Holding Company Act of
1935, as amended [15 U.S.C. 79 et seq.].’’

Page 1334

§ 824h. References to State boards by Commission

(a) Investigation of property costs
The Commission may investigate and ascertain the actual legitimate cost of the property
of every public utility, the depreciation therein,
and, when found necessary for rate-making purposes, other facts which bear on the determination 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.

(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
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.)

STUDY
Section 5 of Pub. L. 100–473 directed that, no earlier
than three years and no later than four years after Oct.
6, 1988, Federal Energy Regulatory Commission perform
a study of effect of amendments to this section, analyzing (1) impact, if any, of such amendments on cost of
capital paid by public utilities, (2) any change in average time taken to resolve proceedings under this section, and (3) such other matters as Commission may
deem appropriate in public interest, with study to be
sent to Committee on Energy and Natural Resources of
Senate and Committee on Energy and Commerce of
House of Representatives.

§ 824f. Ordering furnishing of adequate service
Whenever the Commission, upon complaint of
a State commission, after notice to each State
commission and public utility affected and after
opportunity for hearing, shall find that any
interstate service of any public utility is inadequate or insufficient, the Commission shall determine the proper, adequate, or sufficient service to be furnished, and shall fix the same by its
order, rule, or regulation: Provided, That the
Commission shall have no authority to compel
the enlargement of generating facilities for such
purposes, nor to compel the public utility to sell
or exchange energy when to do so would impair
its ability to render adequate service to its customers.
(June 10, 1920, ch. 285, pt. II, § 207, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 853.)
§ 824g. Ascertainment of cost of property and depreciation