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16 U.S.C. § 824j–1 — Open access by unregulated transmitting utilities

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824j–1 — Open access by unregulated transmitting utilities

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Stable record: federal_law:legal_authorities:record_usc_4179cded2725423b792d0c99
Source file: Laws/federal/codes/united-states-code/title-16/section-824j1-open-access-by-unregulated-transmitting-utilities--79ae2c4105.md
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Source location: Title 16, Chapter 12, § 824j–1; chapter-012-federal-regulation-and-development-of-power.md

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**(a) Definition of unregulated transmitting utility** In this section, the term “unregulated transmitting utility” means an entity that— (1) owns or operates facilities used for the transmission of electric energy in interstate commerce; and (2) is an entity described in [section 824(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824/f&num=0&edition=prelim). **(b) Transmission operation services** Subject to [section 824k(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824k/h&num=0&edition=prelim), the Commission may, by rule or order, require an unregulated transmitting utility to provide transmission services— (1) at rates that are comparable to those that the unregulated transmitting utility charges itself; and (2) on terms and conditions (not relating to rates) that are comparable to those under which the unregulated transmitting utility provides transmission services to itself and that are not unduly discriminatory or preferential. **(c) Exemption** The Commission shall exempt from any rule or order under this section any unregulated transmitting utility that— (1) sells not more than 4,000,000 megawatt hours of electricity per year; (2) does not own or operate any transmission facilities that are necessary for operating an interconnected transmission system (or any portion of the system); or (3) meets other criteria the Commission determines to be in the public interest. **(d) Local distribution facilities** The requirements of subsection (b) shall not apply to facilities used in local distribution. **(e) Exemption termination** If the Commission, after an evidentiary hearing held on a complaint and after giving consideration to reliability standards established under section 824o of this title, finds on the basis of a preponderance of the evidence that any exemption granted pursuant to subsection (c) unreasonably impairs the continued reliability of an interconnected transmission system, the Commission shall revoke the exemption granted to the transmitting utility. **(f) Application to unregulated transmitting utilities** The rate changing procedures applicable to public utilities under subsections (c) and (d) of [section 824d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824d&num=0&edition=prelim) are applicable to unregulated transmitting utilities for purposes of this section. **(g) Remand** In exercising authority under subsection (b)(1), the Commission may remand transmission rates to an unregulated transmitting utility for review and revision if necessary to meet the requirements of subsection (b). **(h) Other requests** The provision of transmission services under subsection (b) does not preclude a request for transmission services under [section 824j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824j&num=0&edition=prelim). **(i) Limitation** The Commission may not require a State or municipality to take action under this section that would violate a private activity bond rule for purposes of [section 141 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section141&num=0&edition=prelim). **(j) Transfer of control of transmitting facilities** Nothing in this section authorizes the Commission to require an unregulated transmitting utility to transfer control or operational control of its transmitting facilities to a Transmission Organization that is designated to provide nondiscriminatory transmission access.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824d — Rates and charges; schedules; suspension of new rates; automatic adjustment clauses

**(a) Just and reasonable rates** All rates and charges made, demanded, or received by any public utility for or in connection with the transmission or sale of electric energy subject to the jurisdiction of the Commission, and all rules and regulations affecting or pertaining to such rates or charges shall be just and reasonable, and any such rate or charge that is not just and reasonable is hereby declared to be unlawful. **(b) Preference or advantage unlawful** No public utility shall, with respect to any transmission or sale subject to the jurisdiction of the Commission, (1) make or grant any undue preference or advantage to any person or subject any person to any undue prejudice or disadvantage, or (2) maintain any unreasonable difference in rates, charges, service, facilities, or in any other respect, either as between localities or as between classes of service. **(c) Schedules** Under such rules and regulations as the Commission may prescribe, every public utility shall file with the Commission, within such time and in such form as the Commission may designate, and shall keep open in convenient form and place for public inspection schedules showing all rates and charges for any transmission or sale subject to the jurisdiction of the Commission, and the classifications, practices, and regulations affecting such rates and charges, together with all contracts which in any manner affect or relate to such rates, charges, classifications, and services. **(d) Notice required for rate changes** Unless the Commission otherwise orders, no change shall be made by any public utility in any such rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, except after sixty days’ notice to the Commission and to the public. Such notice

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824d

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824j — Wheeling authority

**(a) Transmission service by any electric utility; notice, hearing and findings by Commission** Any electric utility, Federal power marketing agency, or any other person generating electric energy for sale for resale, may apply to the Commission for an order under this subsection requiring a transmitting utility to provide transmission services (including any enlargement of transmission capacity necessary to provide such services) to the applicant. Upon receipt of such application, after public notice and notice to each affected State regulatory authority, each affected electric utility, and each affected Federal power marketing agency, and after affording an opportunity for an evidentiary hearing, the Commission may issue such order if it finds that such order meets the requirements of [section 824k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824k&num=0&edition=prelim), and would otherwise be in the public interest. No order may be issued under this subsection unless the applicant has made a request for transmission services to the transmitting utility that would be the subject of such order at least 60 days prior to its filing of an application for such order. **(b) Reliability of electric service** No order may be issued under this section or [section 824i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824i&num=0&edition=prelim) if, after giving consideration to consistently applied regional or national reliability standards, guidelines, or criteria, the Commission finds that such order would unreasonably impair the continued reliability of electric systems affected by the order. **(c) Replacement of electric energy** No order may be issued under subsection (a) or (b) which

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824j

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 141 — Private activity bond; qualified bond

**(a) Private activity bond** For purposes of this title, the term “private activity bond” means any bond issued as part of an issue— (1) which meets— (A) the private business use test of paragraph (1) of subsection (b), and (B) the private security or payment test of paragraph (2) of subsection (b), or (2) which meets the private loan financing test of subsection (c). **(b) Private business tests** (1) **Private business use test** — Except as otherwise provided in this subsection, an issue meets the test of this paragraph if more than 10 percent of the proceeds of the issue are to be used for any private business use. (2) **Private security or payment test** — Except as otherwise provided in this subsection, an issue meets the test of this paragraph if the payment of the principal of, or the interest on, more than 10 percent of the proceeds of such issue is (under the terms of such issue or any underlying arrangement) directly or indirectly— (A) secured by any interest in— (i) property used or to be used for a private business use, or (ii) payments in respect of such property, or (B) to be derived from payments (whether or not to the issuer) in respect of property, or borrowed money, used or to be used for a private business use. (3) **5 percent test for private business use not related or disproportionate to government use financed by the issue** (A) *In general* — An issue shall be treated as meeting the tests of paragraphs (1) and (2) if such tests would be met if such paragraphs were applied— (i) by substituting “5 percent” for “10 percent” each place it appears, and (ii) by taking into account only— (I) the proceeds of the issue which are to be used for any private business use which is not related to any government

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 141

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