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16 U.S.C. § 825q — Repealed. Pub. L. 109–58, title XII, § 1277(a), Aug. 8, 2005, 119 Stat. 978
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 10, 1920, ch. 285, pt. III, § 318, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863, related to conflict of jurisdiction.
#### Effective Date of Repeal
Repeal effective 6 months after Aug. 8, 2005, with provisions relating to effect of compliance with certain regulations approved and made effective prior to such date, see section 1274 of Pub. L. 109–58, set out as an Effective Date note under [section 16451 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim), The Public Health and Welfare.
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Stable record: federal_law:legal_authorities:record_usc_1f297a72b8c9aad6207d0ec5
Source file: Laws/federal/codes/united-states-code/title-16/section-825q-repealed-pub-l-10958-title-xii-1277-a-aug-8-2005-119-stat-978--b8e94a2b09.md
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Passage SHA-256: 6971bcec8c51abbdd9caffd10dc921438a77e5a8d2aa460f915130c1263e0b8b
Source location: Title 16, Chapter 12, § 825q; chapter-012-federal-regulation-and-development-of-power.md
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### Statutory Notes
Section, act June 10, 1920, ch. 285, pt. III, § 318, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863, related to conflict of jurisdiction.
#### Effective Date of Repeal
Repeal effective 6 months after Aug. 8, 2005, with provisions relating to effect of compliance with certain regulations approved and made effective prior to such date, see section 1274 of Pub. L. 109–58, set out as an Effective Date note under [section 16451 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim), The Public Health and Welfare.
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Federal law — U.S. Code and appendices · legal_authorities
The Commission may approve a participant funding plan that allocates costs related to transmission upgrades or new generator interconnection, without regard to whether an applicant is a member of a Commission-approved Transmission Organization, if the plan results in rates that—
(1) are just and reasonable;
(2) are not unduly discriminatory or preferential; and
(3) are otherwise consistent with sections 824d and 824e of title 16.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16451
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this Act:
(1) **Department** — The term “Department” means the Department of Energy.
(2) **Institution of higher education**
(A) *In general* — The term “institution of higher education” has the meaning given the term in [section 1001(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim).
(B) *Inclusion* — The term “institution of higher education” includes an organization that—
(i) is organized, and at all times thereafter operated, exclusively for the benefit of, to perform the functions of, or to carry out the functions of one or more organizations referred to in subparagraph (A); and
(ii) is operated, supervised, or controlled by or in connection with one or more of those organizations.
(3) **National Laboratory** — The term “National Laboratory” means any of the following laboratories owned by the Department:
(A) Ames Laboratory.
(B) Argonne National Laboratory.
(C) Brookhaven National Laboratory.
(D) Fermi National Accelerator Laboratory.
(E) Idaho National Laboratory.
(F) Lawrence Berkeley National Laboratory.
(G) Lawrence Livermore National Laboratory.
(H) Los Alamos National Laboratory.
(I) National Energy Technology Laboratory.
(J) National Renewable Energy Laboratory.
(K) Oak Ridge National Laboratory.
(L) Pacific Northwest National Laboratory.
(M) Princeton Plasma Physics Laboratory.
(N) Sandia National Laboratories.
(O) Savannah River National Laboratory.
(P) Stanford Linear Accelerator Center.
(Q) Thomas Jefferson National Accelerator Facility.
(4) **Secretary** — The term “Secretary” means the Secretary of Energy.
(5) **Small business concern** — The term “small business concern” has th
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15811
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this part:
(1) **Affiliate** — The term “affiliate” of a company means any company, 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company.
(2) **Associate company** — The term “associate company” of a company means any company in the same holding company system with such company.
(3) **Commission** — The term “Commission” means the Federal Energy Regulatory Commission.
(4) **Company** — The term “company” means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing.
(5) **Electric utility company** — The term “electric utility company” means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale.
(6) **Exempt wholesale generator and foreign utility company** — The terms “exempt wholesale generator” and “foreign utility company” have the same meanings as in sections 79z–5a and 79z–5b of title 15, as those sections existed on the day before the effective date of this part.
(7) **Gas utility company** — The term “gas utility company” means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power.
(8) **Holding company**
(A) *In general* — The term “holding company” means—
(i) any company that directly or indirectly owns, controls, or holds, with power to
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16452
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commission authority unaffected** Nothing in this part shall limit the authority of the Commission under 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.) to require that jurisdictional rates are just and reasonable, including the ability to deny or approve the pass through of costs, the prevention of cross-subsidization, and the issuance of such rules and regulations as are necessary or appropriate for the protection of utility consumers.
**(b) Recovery of costs** Nothing in this part shall preclude the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public-utility company, public utility, or natural gas company may recover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public-utility company from an associate company.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16456
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise specifically provided in this part, no provision of this part shall apply to, or be deemed to include—
(1) the United States;
(2) a State or any political subdivision of a State;
(3) any foreign governmental authority not operating in the United States;
(4) any agency, authority, or instrumentality of any entity referred to in paragraph (1), (2), or (3); or
(5) any officer, agent, or employee of any entity referred to in paragraph (1), (2), (3), or (4) acting as such in the course of his or her official duty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16457
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this part precludes the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to protect utility customers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16458
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Federal law — U.S. Code and appendices · legal_authorities
The Commission shall have the same powers as set forth in sections 825e through 825p of title 16 to enforce the provisions of this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16459
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Nothing in this part, or otherwise in the Public Utility Holding Company Act of 1935, or rules, regulations, or orders thereunder, prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on August 8, 2005, if that person continues to comply with the terms (other than an expiration date or termination date) of any such authorization, whether by rule or by order.
**(b) Effect on other Commission authority** Nothing in this part limits the authority of the Commission under 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.) or 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.).
**(c) Tax treatment** Tax treatment under section 1081 11 See References in Text note below. of title 26 as a result of transactions ordered in compliance with the Public Utility Holding Company Act of 1935 ([15 U.S.C. 79](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section79&num=0&edition=prelim) et seq.) shall not be affected in any manner due to the repeal of that Act and the enactment of the Public Utility Holding Company Act of 2005 [[42 U.S.C. 16451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16460
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 4 months after August 8, 2005, the Commission shall—
(1) issue such regulations as may be necessary or appropriate to implement this part (other than [section 16453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16453&num=0&edition=prelim), relating to State access to books and records); and
(2) submit to Congress detailed recommendations on technical and conforming amendments to Federal law necessary to carry out this part and the amendments made by this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16461
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Federal law — U.S. Code and appendices · legal_authorities
All books and records that relate primarily to the functions transferred to the Commission under this part shall be transferred from the Securities and Exchange Commission to the Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16462
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