16 U.S.C. § 825f : US Code - Section 825F: Investigations by Commission

Search 16 U.S.C. § 825f : US Code - Section 825F: Investigations by Commission

(a) Scope
The Commission may investigate any facts, conditions, practices,
or matters which it may find necessary or proper in order to
determine whether any person, electric utility, transmitting
utility, or other entity has violated or is about to violate any
provision of this chapter or any rule, regulation, or order
thereunder, or to aid in the enforcement of the provisions of this
chapter or in prescribing rules or regulations thereunder, or in
obtaining information to serve as a basis for recommending further
legislation concerning the matters to which this chapter relates,
or in obtaining information about the sale of electric energy at
wholesale in interstate commerce and the transmission of electric
energy in interstate commerce. The Commission may permit any
person, electric utility, transmitting utility, or other entity to
file with it a statement in writing under oath or otherwise, as it
shall determine, as to any or all facts and circumstances
concerning a matter which may be the subject of investigation. The
Commission, in its discretion, may publish or make available to
State commissions information concerning any such subject.
(b) Attendance of witnesses and production of documents
For the purpose of any investigation or any other proceeding
under this chapter, any member of the Commission, or any officer
designated by it, is empowered to administer oaths and
affirmations, subpena witnesses, compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, contracts, agreements, or other records
which the Commission finds relevant or material to the inquiry.
Such attendance of witnesses and the production of any such records
may be required from any place in the United States at any
designated place of hearing. Witnesses summoned by the Commission
to appear before it shall be paid the same fees and mileage that
are paid witnesses in the courts of the United States.
(c) Resort to courts of United States for failure to obey subpena;
punishment
In case of contumacy by, or refusal to obey a subpena issued to,
any person, the Commission may invoke the aid of any court of the
United States within the jurisdiction of which such investigation
or proceeding is carried on, or where such person resides or
carries on business, in requiring the attendance and testimony of
witnesses and the production of books, papers, correspondence,
memoranda, contracts, agreements, and other records. Such court may
issue an order requiring such person to appear before the
Commission or member or officer designated by the Commission, there
to produce records, if so ordered, or to give testimony touching
the matter under investigation or in question; and any failure to
obey such order of the court may be punished by such court as a
contempt thereof. All process in any such case may be served in the
judicial district whereof such person is an inhabitant or wherever
he may be found or may be doing business. Any person who willfully
shall fail or refuse to attend and testify or to answer any lawful
inquiry or to produce books, papers, correspondence, memoranda,
contracts, agreements, or other records, if in his or its power so
to do, in obedience to the subpena of the Commission, shall be
guilty of a misdemeanor and, upon conviction, shall be subject to a
fine of not more than $1,000 or to imprisonment for a term of not
more than one year, or both.
(d) Testimony by deposition
The testimony of any witness may be taken, at the instance of a
party, in any proceeding or investigation pending before the
Commission, by deposition, at any time after the proceeding is at
issue. The Commission may also order testimony to be taken by
deposition in any proceeding or investigation pending before it, at
any stage of such proceeding or investigation. Such depositions may
be taken before any person authorized to administer oaths not being
of counsel or attorney to either of the parties, nor interested in
the proceeding or investigation. Reasonable notice must first be
given in writing by the party or his attorney proposing to take
such deposition to the opposite party or his attorney of record, as
either may be nearest, which notice shall state the name of the
witness and the time and place of the taking of his deposition. Any
person may be compelled to appear and depose, and to produce
documentary evidence, in the same manner as witnesses may be
compelled to appear and testify and produce documentary evidence
before the Commission, as hereinbefore provided. Such testimony
shall be reduced to writing by the person taking the deposition, or
under his direction, and shall, after it has been reduced to
writing, be subscribed by the deponent.
(e) Deposition of witness in a foreign country
If a witness whose testimony may be desired to be taken by
deposition be in a foreign country, the deposition may be taken
before an officer or person designated by the Commission, or agreed
upon by the parties by stipulation in writing to be filed with the
Commission. All depositions must be promptly filed with the
Commission.
(f) Deposition fees
Witnesses whose depositions are taken as authorized in this
chapter, and the person or officer taking the same, shall be
entitled to the same fees as are paid for like services in the
courts of the United States.