16 U.S.C. § 824a : US Code - Section 824A: Interconnection and coordination of facilities; emergencies; transmission to foreign countries

Search 16 U.S.C. § 824a : US Code - Section 824A: Interconnection and coordination of facilities; emergencies; transmission to foreign countries

(a) Regional districts; establishment; notice to State commissions
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 Commission is empowered and directed to divide the
country into regional districts for the voluntary interconnection
and 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 interconnection 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 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.
(b) Sale or exchange of energy; establishing physical connections
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
exchange energy with such persons: Provided, That the 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 such order, including the
apportionment of cost between them and the compensation or
reimbursement reasonably due to any of them.
(c) Temporary connection and exchange of facilities during
emergency
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 as in its judgment
will best meet the emergency and serve the public interest. If the
parties affected by such order fail to agree upon the terms of any
arrangement between them in carrying out such order, the
Commission, after hearing held either before or after such order
takes effect, may prescribe by supplemental order such terms as it
finds to be just and reasonable, including the compensation or
reimbursement which should be paid to or by any such party.
(d) Temporary connection during emergency by persons without
jurisdiction of Commission
During the continuance of any emergency requiring immediate
action, any person engaged in the transmission or sale of electric
energy and not otherwise subject to the jurisdiction of the
Commission may make such temporary connections with any public
utility subject to the jurisdiction of the Commission or may
construct such temporary facilities for the transmission of
electric energy in interstate commerce as may be necessary or
appropriate to meet such emergency, and shall not become subject to
the jurisdiction of the Commission by reason of such temporary
connection or temporary construction: Provided, That such temporary
connection shall be discontinued or such temporary construction
removed or otherwise disposed of upon the termination of such
emergency: Provided further, That upon approval of the Commission
permanent connections for emergency use only may be made hereunder.
(e) Transmission of electric energy to foreign country
After six months from August 26, 1935, no person shall transmit
any electric energy from the United States to a foreign country
without first having secured an order of the Commission authorizing
it to do so. The Commission shall issue such order upon application
unless, after opportunity for hearing, it finds that the proposed
transmission would impair the sufficiency of electric supply within
the United States or would impede or tend to impede the
coordination in the public interest of facilities subject to the
jurisdiction of the Commission. The Commission may by its order
grant such application in whole or in part, with such modifications
and upon such terms and conditions as the Commission may find
necessary or appropriate, and may from time to time, after
opportunity for hearing and for good cause shown, make such
supplemental orders in the premises as it may find necessary or
appropriate.
(f) Transmission or sale at wholesale of electric energy;
regulation
The ownership or operation of facilities for the transmission or
sale at wholesale of electric energy which is (a) generated within
a State and transmitted from the State across an international
boundary and not thereafter transmitted into any other State, or
(b) generated in a foreign country and transmitted across an
international boundary into a State and not thereafter transmitted
into any other State, shall not make a person a public utility
subject to regulation as such under other provisions of this
subchapter. The State within which any such facilities are located
may regulate any such transaction insofar as such State regulation
does not conflict with the exercise of the Commission's powers
under or relating to subsection (e) of this section.
(g) Continuance of service
In order to insure continuity of service to customers of public
utilities, the Commission shall require, by rule, each public
utility to -
(1) report promptly to the Commission and any appropriate State
regulatory authorities any anticipated shortage of electric
energy or capacity which would affect such utility's capability
of serving its wholesale customers,
(2) submit to the Commission, and to any appropriate State
regulatory authority, and periodically revise, contingency plans
respecting -
(A) shortages of electric energy or capacity, and
(B) circumstances which may result in such shortages, and
(3) accommodate any such shortages or circumstances in a manner
which shall -
(A) give due consideration to the public health, safety, and
welfare, and
(B) provide that all persons served directly or indirectly by
such public utility will be treated, without undue prejudice or
disadvantage.