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16 U.S.C. § 2601 — Gathering information on costs of service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Information required to be gathered** Each electric utility shall periodically gather information under such rules (promulgated by the Commission) as the Commission determines necessary to allow determination of the costs associated with providing electric service. For purposes of this section, and for purposes of any consideration and determination respecting the standard established by [section 2621(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621/d/2&num=0&edition=prelim), such costs shall be separated, to the maximum extent practicable, into the following components: customer cost component, demand cost component, and energy cost component. Rules under this subsection shall include requirements for the gathering of the following information with respect to each electric utility—
(1) the costs of serving each electric consumer class, including costs of serving different consumption patterns within such class, based on voltage level, time of use, and other appropriate factors;
(2) daily kilowatt demand load curves for all electric consumer classes combined representative of daily and seasonal differences in demand, and daily kilowatt demand load curves for each electric consumer class for which there is a separate rate, representative of daily and seasonal differences in demand;
(3) annual capital, operating, and maintenance costs—
(A) for transmission and distribution services, and
(B) for each type of generating unit; and
(4) costs of purchased power, including representative daily and seasonal differences in the amount of such costs.
Such rules shall provide that information required to be gathered under this section shall be presented in such categories and such detail as may be necessary to carr
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2601
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Stable record: federal_law:legal_authorities:record_usc_067002681922314e9c7bddbd
Source file: Laws/federal/codes/united-states-code/title-16/section-2601-gathering-information-on-costs-of-service--e136c16c75.md
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Source location: Title 16, Chapter 46, § 2601; chapter-046-public-utility-regulatory-policies.md
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**(a) Information required to be gathered** Each electric utility shall periodically gather information under such rules (promulgated by the Commission) as the Commission determines necessary to allow determination of the costs associated with providing electric service. For purposes of this section, and for purposes of any consideration and determination respecting the standard established by [section 2621(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621/d/2&num=0&edition=prelim), such costs shall be separated, to the maximum extent practicable, into the following components: customer cost component, demand cost component, and energy cost component. Rules under this subsection shall include requirements for the gathering of the following information with respect to each electric utility—
(1) the costs of serving each electric consumer class, including costs of serving different consumption patterns within such class, based on voltage level, time of use, and other appropriate factors;
(2) daily kilowatt demand load curves for all electric consumer classes combined representative of daily and seasonal differences in demand, and daily kilowatt demand load curves for each electric consumer class for which there is a separate rate, representative of daily and seasonal differences in demand;
(3) annual capital, operating, and maintenance costs—
(A) for transmission and distribution services, and
(B) for each type of generating unit; and
(4) costs of purchased power, including representative daily and seasonal differences in the amount of such costs.
Such rules shall provide that information required to be gathered under this section shall be presented in such categories and such detail as may be necessary to carry out the purposes of this section.
**(b) Commission rules** The Commission shall, within 180 days after November 9, 1978, by rule, prescribe the methods, procedure, and format to be used by electric utilities in gathering the information described in this section. Such rules may provide for the exemption by the Commission of an electric utility or class of electric utilities from gathering all or part of such information, in cases where such utility or utilities show and the Commission finds, after public notice and opportunity for the presentation of written data, views, and arguments, that gathering such information is not likely to carry out the purposes of this section. The Commission shall periodically review such findings and may revise such rules.
**(c) Filing and publication** Not later than two years after November 9, 1978, and periodically, but not less frequently than every two years thereafter, each electric utility shall file with—
(1) the Commission, and
(2) any State regulatory authority which has ratemaking authority for such utility,
the information gathered pursuant to this section and make such information available to the public in such form and manner as the Commission shall prescribe. In addition, at the time of application for, or proposal of, any rate increase, each electric utility shall make such information available to the public in such form and manner as the Commission shall prescribe. The two-year period after November 9, 1978, specified in this subsection may be extended by the Commission for a reasonable additional period in the case of any electric utility for good cause shown.
**(d) Enforcement** For purposes of enforcement, any violation of a requirement of this section shall be treated as a violation of a provision of the Energy Supply and Environmental Coordination Act of 1974 [[15 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section791&num=0&edition=prelim) et seq.] enforceable under section 12 of such Act [[15 U.S.C. 797](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section797&num=0&edition=prelim)] (notwithstanding any expiration date in such Act) except that in applying the provisions of such section 12 any reference to the Federal Energy Administrator shall be treated as a reference to the Commission.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations** It shall be unlawful for any person to violate any provision of [section 792 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim) (relating to coal conversion and allocation) or [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim) (relating to energy information) or to violate any rule, regulation, or order issued pursuant to any such provision.
**(b) Penalties; injunctions; declaratory judgments**
(1) Whoever violates any provision of subsection (a) shall be subject to a civil penalty of not more than $2,500 for each violation.
(2) Whoever willfully violates any provision of subsection (a) shall be fined not more than $5,000 for each violation.
(3) It shall be unlawful for any person to offer for sale or distribute in commerce any coal in violation of an order or regulation issued pursuant to [section 792(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/d&num=0&edition=prelim). Any person who knowingly and willfully violates this paragraph after having been subjected to a civil penalty for a prior violation of the same provision of any order or regulation issued pursuant to [section 792(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/d&num=0&edition=prelim) shall be fined not more than $50,000, or imprisoned not more than six months, or both.
(4) Whenever it appears to the Federal Energy Administrator or any person authorized by the Federal Energy Administrator to exercise authority under [section 792 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 797
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 791
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.).
**(b)**
(1) Except as provided in paragraph (3), proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.
(2) Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under section 2911(c) 11 See References in Text note below. of this title, including minor military construction projects authorized under [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805&num=0&edition=prelim) that are designed to increase energy conservation.
(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—
(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and
(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2916
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Study**
(1) The Secretary, in consultation with the Commission and, after affording an opportunity for consultation and comment by representatives of the State regulatory commissions, gas utilities, and gas consumers, shall study and report to Congress on gas utility rate design within 18 months after November 9, 1978. Such study shall address the effect (both separately and in combination) of the following factors upon the items listed in paragraph (2): incremental pricing; marginal cost pricing; end user gas consumption taxes; wellhead natural gas pricing policies; demand-commodity rate design; declining block rates; interruptible service; seasonal rate differentials; and end user rate schedules.
(2) The items referred to in paragraph (1) are as follows:
(A) natural gas pipeline and local distribution company load factors;
(B) rates to each class of user, including residential, commercial, and industrial users;
(C) the change in total costs resulting from gas utility designs (including capital and operating costs) to gas consumers or classes thereof;
(D) demand for, and consumption of, natural gas;
(E) end use profiles of natural gas pipelines and local distribution companies; and
(F) competition with alternative fuels.
**(b) Proposals** Based upon the study prepared pursuant to subsection (a), the Secretary shall develop proposals to improve gas utility rate design and to encourage conservation of natural gas. Such proposals shall include any comments and recommendations of the Commission.
**(c) Transmission to Congress** The proposals prepared under subsection (b), shall be transmitted, together with any legislative recommendations, to each House of Congress not later than 6 months after the date of submission of the study under subsectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3206
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Matching grants** The Secretary may make grants under this section to an institute established by the National Association of Regulatory Utility Commissioners to enable such institute to—
(1) conduct research on electric and gas utility regulatory policy issues,
(2) develop data processing and retrieval methods for electric and gas utility ratemaking, and
(3) perform other functions directly related to assisting State regulatory authorities in carrying out their functions under State law and this Act.
**(b) Federal share** Grants under this section shall not be used to provide more than the following percentages of the cost to the institute of carrying out the activities specified in subsection (a):
(1) 80 percent for the fiscal year 1979; and
(2) 60 percent for the fiscal year 1980.
The remaining amounts expended by the institute may not be provided from Federal sources.
**(c) Restrictions** Grants under this section may not be made subject to terms and conditions other than those the Secretary deems necessary for purposes of administering this section and for purposes of assuring that—
(1) all information gathered by the institute is available to the Secretary, the Commission, and the public, and
(2) no portion of any such grant is used to support or oppose any legislative proposal except by means of testimony by representatives of the institute provided by invitation to a committee of Congress or of a State legislature.
**(d) Authorization of appropriations** There is authorized to be appropriated not more than $2,000,000 for each of the fiscal years 1979 and 1980 for purposes of making grants under this section. No amounts may be appropriated for any fiscal year after the fiscal year 1980 to carry out the purposes of this section without a specific a
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2603
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Federal law — U.S. Code and appendices · legal_authorities
As used in this Act, except as otherwise specifically provided—
(1) The term “antitrust laws” includes the Sherman Antitrust Act ([15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) and following), the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) and following), the Federal Trade Commission Act ([15 U.S.C. 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section14&num=0&edition=prelim)[41] and following), the Wilson Tariff Act ([15 U.S.C. 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8&num=0&edition=prelim) and 9), and the Act of June 19, 1936, chapter 592 ([15 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), 13a, 13b, and 21A).
(2) The term “class” means, with respect to electric consumers, any group of such consumers who have similar characteristics of electric energy use.
(3) The term “Commission” means the Federal Energy Regulatory Commission.
(4) The term “electric utility” means any person, State agency, or Federal agency, which sells electric energy.
(5) The term “electric consumer” means any person, State agency, or Federal agency, to which electric energy is sold other than for purposes of resale.
(6) The term “evidentiary hearing” means—
(A) in the case of a State agency, a proceeding which (i) is open to the public, (ii) includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a written record of the proceeding, and (iv) is subject to
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2612
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this Act or in any amendment made by this Act affects—
(1) the applicability of the antitrust laws to any electric utility or gas utility (as defined in [section 3202 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3202&num=0&edition=prelim)), or
(2) any authority of the Secretary or of the Commission under any other provision of law (including the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.] and the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.]) respecting unfair methods of competition or anticompetitive acts or practices.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2613
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Expedited licensing process for non-Federal hydropower projects at existing nonpowered dams**
(1) **In general** — As provided in this section, the Commission may issue and amend licenses, as appropriate, for any facility the Commission determines is a qualifying facility.
(2) **Rule** — Not later than 180 days after October 23, 2018, the Commission shall issue a rule establishing an expedited process for issuing and amending licenses for qualifying facilities under this section.
(3) **Interagency task force**
(A) In establishing the expedited process under this section, the Commission shall convene an interagency task force, with appropriate Federal and State agencies and Indian tribes represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate a qualifying facility.
(B) The task force shall develop procedures that are consistent with subsection (e)(1)(E) to seek to ensure that, for projects licensed pursuant to this section, the Commission and appropriate Federal and State agencies and Indian tribes shall exercise their authorities in a manner that, to the extent practicable, will not result in any material change to the storage, release, or flow operations of the associated nonpowered dam existing at the time an applicant files its license application.
(4) **Length of process** — The Commission shall seek to ensure that the expedited process under this section will result in a final decision on an application for a license by not later than 2 years after receipt of a completed application for the license.
**(b) Dam safety**
(1) **Assessment** — Before issuing any license for a qualifying facility, the Commission shall assess the safety of existing non-Federal dams and other non-Federal str
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 823e
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824a&num=0&edition=prelim)], 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 t
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824a–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cogeneration and small power production rules** Not later than 1 year after November 9, 1978, the Commission shall prescribe, and from time to time thereafter revise, such rules as it determines necessary to encourage cogeneration and small power production, and to encourage geothermal small power production facilities of not more than 80 megawatts capacity, which rules require electric utilities to offer to—
(1) sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities 11 So in original. Probably should be followed by a comma. and
(2) purchase electric energy from such facilities.
Such rules shall be prescribed, after consultation with representatives of Federal and State regulatory agencies having ratemaking authority for electric utilities, and after public notice and a reasonable opportunity for interested persons (including State and Federal agencies) to submit oral as well as written data, views, and arguments. Such rules shall include provisions respecting minimum reliability of qualifying cogeneration facilities and qualifying small power production facilities (including reliability of such facilities during emergencies) and rules respecting reliability of electric energy service to be available to such facilities from electric utilities during emergencies. Such rules may not authorize a qualifying cogeneration facility or qualifying small power production facility to make any sale for purposes other than resale.
**(b) Rates for purchases by electric utilities** The rules prescribed under subsection (a) shall insure that, in requiring any electric utility to offer to purchase electric energy from any qualifying cogeneration facility or qualifying small power production facility, the rates for such purcha
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824a–3
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