16 U.S.C. § 824 : US Code - Section 824: Declaration of policy; application of subchapter

Search 16 U.S.C. § 824 : US Code - Section 824: Declaration of policy; application of subchapter

(a) Federal regulation of transmission and sale of electric energy
It is 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 subchapter
and subchapter III of this chapter 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.
(b) Use or sale of electric energy in interstate commerce
(1) The provisions of this subchapter shall apply to the
transmission of electric energy in interstate commerce and to the
sale of electric energy at wholesale in interstate commerce, but
except as provided in paragraph (2) 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 subchapter
and subchapter III of this chapter, 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.
(2) Notwithstanding subsection (f) of this section, the
provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j-1,
824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this
title shall apply to the entities described in such provisions, and
such entities shall be subject to the jurisdiction of the
Commission for purposes of carrying out such provisions and for
purposes of applying the enforcement authorities of this chapter
with respect to such provisions. Compliance with any order or rule
of the Commission under the provisions of section 824b(a)(2),
824e(e), 824i, 824j, 824j-1, 824k, 824o, 824p, 824q, 824r, 824s,
824t, 824u, or 824v of this title, shall not make an electric
utility or other entity subject to the jurisdiction of the
Commission for any purposes other than the purposes specified in
the preceding sentence.
(c) Electric energy in interstate commerce
For the purpose of this subchapter, electric energy shall be held
to be transmitted in interstate commerce if transmitted from a
State and consumed at any point outside thereof; but only insofar
as such transmission takes place within the United States.
(d) "Sale of electric energy at wholesale" defined
The term "sale of electric energy at wholesale" when used in this
subchapter, means a sale of electric energy to any person for
resale.
(e) "Public utility" defined
The term "public utility" when used in this subchapter and
subchapter III of this chapter means any person who owns or
operates facilities subject to the jurisdiction of the Commission
under this subchapter (other than facilities subject to such
jurisdiction solely by reason of section 824e(e), 824e(f),(!1)
824i, 824j, 824j-1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u,
or 824v of this title).
(f) United States, State, political subdivision of a State, or
agency or instrumentality thereof exempt
No provision in this subchapter shall apply to, or be deemed to
include, the United States, a State or any political subdivision of
a State, an electric cooperative that receives financing under the
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that
sells less than 4,000,000 megawatt hours of electricity per year,
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, or employee of any of the foregoing acting as such in the
course of his official duty, unless such provision makes specific
reference thereto.
(g) Books and records
(1) Upon written order of a State commission, a State commission
may examine the books, accounts, memoranda, contracts, and records
of -
(A) an electric utility company subject to its regulatory
authority under State law,
(B) any exempt wholesale generator selling energy at wholesale
to such electric utility, and
(C) any electric utility company, or holding company thereof,
which is an associate company or affiliate of an exempt wholesale
generator which sells electric energy to an electric utility
company referred to in subparagraph (A),
wherever located, if such examination is required for the effective
discharge of the State commission's regulatory responsibilities
affecting the provision of electric service.
(2) Where a State commission issues an order pursuant to
paragraph (1), the State commission shall not publicly disclose
trade secrets or sensitive commercial information.
(3) Any United States district court located in the State in
which the State commission referred to in paragraph (1) is located
shall have jurisdiction to enforce compliance with this subsection.
(4) Nothing in this section shall -
(A) preempt applicable State law concerning the provision of
records and other information; or
(B) in any way limit rights to obtain records and other
information under Federal law, contracts, or otherwise.
(5) As used in this subsection the terms "affiliate", "associate
company", "electric utility company", "holding company",
"subsidiary company", and "exempt wholesale generator" shall have
the same meaning as when used in the Public Utility Holding Company
Act of 2005 [42 U.S.C. 16451 et seq.].