16 U.S.C. § 824a-1 : US Code - Section 824A-1: Pooling

Search 16 U.S.C. § 824a-1 : US Code - Section 824A-1: Pooling

(a) State laws
The Commission may, on its own motion, and shall, on application
of any person or governmental entity, after public notice and
notice to the Governor of the affected State and after affording an
opportunity for public hearing, exempt electric utilities, in whole
or in part, from any provision of State law, or from any State rule
or regulation, which prohibits or prevents the voluntary
coordination of electric utilities, including any agreement for
central dispatch, if the Commission determines that such voluntary
coordination is designed to obtain economical utilization of
facilities and resources in any area. No such exemption may be
granted if the Commission finds that such provision of State law,
or rule or regulation -
(1) is required by any authority of Federal law, or
(2) is designed to protect public health, safety, or welfare,
or the environment or conserve energy or is designed to mitigate
the effects of emergencies resulting from fuel shortages.
(b) Pooling study
(1) The Commission, in consultation with the reliability councils
established under section 202(a) of the Federal Power Act [16
U.S.C. 824a], the Secretary, and the electric utility industry
shall study the opportunities for -
(A) conservation of energy,
(B) optimization in the efficiency of use of facilities and
resources, and
(C) increased reliability,
through pooling arrangements. Not later than 18 months after
November 9, 1978, the Commission shall submit a report containing
the results of such study to the President and the Congress.
(2) The Commission may recommend to electric utilities that such
utilities should voluntarily enter into negotiations where the
opportunities referred to in paragraph (1) exist. The Commission
shall report annually to the President and the Congress regarding
any such recommendations and subsequent actions taken by electric
utilities, by the Commission, and by the Secretary under this Act,
the Federal Power Act [16 U.S.C. 791a et seq.], and any other
provision of law. Such annual reports shall be included in the
Commission's annual report required under the Department of Energy
Organization Act [42 U.S.C. 7101 et seq.].