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42 U.S.C. § 16451 — Funding new interconnection and transmission upgrades
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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Stable record: federal_law:legal_authorities:record_usc_42752653c9dc3dc15bf34006
Source file: Laws/federal/codes/united-states-code/title-42/section-16451-funding-new-interconnection-and-transmission-upgrades--15766e7c40.md
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Passage SHA-256: 58d1847b936db73644388b20b6547c0249099e063429567c293e15b21f9143cd
Source location: Title 42, Chapter 149, § 16451; chapter-149-national-energy-policy-and-programs.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 79, acts Aug. 26, 1935, ch. 687, title I, § 36, formerly § 33, 49 Stat. 838; renumbered § 35, Pub. L. 102–486, title VII, § 711, Oct. 24, 1992, 106 Stat. 2905; renumbered § 36, Pub. L. 104–104, title I, § 103, Feb. 8, 1996, 110 Stat. 81, provided that this chapter could be cited as the “Public Utility Holding Company Act of 1935”.
Section 79a, act Aug. 26, 1935, ch. 687, title I, § 1, 49 Stat. 803, related to necessity for control of holding companies and set forth policy of chapter.
Section 79b, act Aug. 26, 1935, ch. 687, title I, § 2, 49 Stat. 804, defined terms.
Section 79c, act Aug. 26, 1935, ch. 687, title I, § 3, 49 Stat. 810, related to exemption of holding companies from provisions of chapter.
Section 79d, act Aug. 26, 1935, ch. 687, title I, § 4, 49 Stat. 812, related to transactions by unregistered holding companies.
Section 79e, act Aug. 26, 1935, ch. 687, title I, § 5, 49 Stat. 812, related to registration of holding companies.
Section 79f, act Aug. 26, 1935, ch. 687, title I, § 6, 49 Stat. 814, related to unlawful transactions by registered companies.
Section 79g, act Aug. 26, 1935, ch. 687, title I, § 7, 49 Stat. 815, related to declarations by registered companies in respect to security transactions.
Section 79h, acts Aug. 26, 1935, ch. 687, title I, § 8, 49 Stat. 817; Pub. L. 100–181, title IV, § 401, Dec. 4, 1987, 101 Stat. 1259, related to acquisition of interest in electric and gas companies serving the same territory.
Section 79i, act Aug. 26, 1935, ch. 687, title I, § 9, 49 Stat. 817, prohibited acquisition of securities and utility assets and other interests prior to approval.
Section 79j, act Aug. 26, 1935, ch. 687, title I, § 10, 49 Stat. 818, related to approval of acquisition of securities and utility ass
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 79 to 79z–6
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal regulation of transmission and sale of electric energy** It is declared that the business of transmitting and selling electric energy for ultimate distribution to the public is affected with a public interest, and that Federal regulation of matters relating to generation to the extent provided in this subchapter and subchapter III of this chapter and of that part of such business which consists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States.
**(b) Use or sale of electric energy in interstate commerce**
(1) The provisions of this subchapter shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but except as provided in paragraph (2) shall not apply to any other sale of electric energy or deprive a State or State commission of its lawful authority now exercised over the exportation of hydroelectric energy which is transmitted across a State line. The Commission shall have jurisdiction over all facilities for such transmission or sale of electric energy, but shall not have jurisdiction, except as specifically provided in this subchapter and subchapter III of this chapter, over facilities used for the generation of electric energy or over facilities used in local distribution or only for the transmission of electric energy in intrastate commerce, or over facilities for the transmission of electric energy consumed wholly by the transmitter.
(2) Notwithstanding subsection (f), the provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j–
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization**
(1) No public utility shall, without first having secured an order of the Commission authorizing it to do so—
(A) sell, lease, or otherwise dispose of the whole of its facilities subject to the jurisdiction of the Commission, or any part thereof of a value in excess of $10,000,000;
(B) merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with the facilities of any other person, or any part thereof, that are subject to the jurisdiction of the Commission and have a value in excess of $10,000,000, by any means whatsoever;
(C) purchase, acquire, or take any security with a value in excess of $10,000,000 of any other public utility; or
(D) purchase, lease, or otherwise acquire an existing generation facility—
(i) that has a value in excess of $10,000,000; and
(ii) that is used for interstate wholesale sales and over which the Commission has jurisdiction for ratemaking purposes.
(2) No holding company in a holding company system that includes a transmitting utility or an electric utility shall purchase, acquire, or take any security with a value in excess of $10,000,000 of, or, by any means whatsoever, directly or indirectly, merge or consolidate with, a transmitting utility, an electric utility company, or a holding company in a holding company system that includes a transmitting utility, or an electric utility company, with a value in excess of $10,000,000 without first having secured an order of the Commission authorizing it to do so.
(3) Upon receipt of an application for such approval the Commission shall give reasonable notice in writing to the Governor and State commission of each of the States in which the physical property affected, or any part t
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824b
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Federal law — U.S. Code and appendices · legal_authorities
No rate or charge received by an exempt wholesale generator for the sale of electric energy shall be lawful under [section 824d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824d&num=0&edition=prelim) if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this section, the terms “associate company” and “affiliate” shall have the same meaning as provided in [section 16451 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim).11 See References in Text note below.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824m
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 825q
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Funding to process permits**
(1) **Definitions** — In this subsection:
(A) *Natural gas company* — The term “natural gas company” has the meaning given the term in [section 16451 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim), except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce.
(B) *Public-utility company* — The term “public-utility company” has the meaning given the term in [section 16451 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim).
(C) *Railroad carrier* — The term “railroad carrier” has the meaning given the term in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim).
(D) *Indian Tribe* — The term “Indian Tribe” means—
(i) an Indian Tribe, as such term is defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim); and
(ii) any entity formed under the authority of one or more Indian Tribes, as so defined.
(2) **Permit processing**
(A) *In general* — The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity or a public-utility company, Indian Tribe, natural gas company, or railroad carrier to expedite the evaluation of a permit of that entity, company, or carrier related to a project or activity for a public purpose under the jurisdiction of the Department of the Army, including an aquatic ecosystem restoration project.
(B) *Mitigation bank instrument processing* — An activity carried out by the Secretary to expedite evaluatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2354
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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
**(a) Rulemaking** Not later than 90 days after the effective date of this part, the Commission shall issue a final rule to exempt from the requirements of [section 16452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16452&num=0&edition=prelim) (relating to Federal access to books and records) any person that is a holding company, solely with respect to one or more—
(1) qualifying facilities under 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.);
(2) exempt wholesale generators; or
(3) foreign utility companies.
**(b) Other authority** The Commission shall exempt a person or transaction from the requirements of [section 16452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16452&num=0&edition=prelim) (relating to Federal access to books and records) if, upon application or upon the motion of the Commission—
(1) the Commission finds that the books, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company; or
(2) the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16455
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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
**(a) Definition of public utility** In this section, the term “public utility” has the meaning given the term in [section 824(e) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824/e&num=0&edition=prelim).
**(b) FERC review** In the case of non-power goods or administrative or management services provided by an associate company organized specifically for the purpose of providing such goods or services to any public utility in the same holding company system, at the election of the system or a State commission having jurisdiction over the public utility, the Commission, after the effective date of this part, shall review and authorize the allocation of the costs for such goods or services to the extent relevant to that associate company.
**(c) Effect on Federal and State law** Nothing in this section shall affect the authority of the Commission or a State commission under other applicable law.
**(d) Rules** Not later than 4 months after August 8, 2005, the Commission shall issue rules (which rules shall be effective no earlier than the effective date of this part) to exempt from the requirements of this section any company in a holding company system whose public utility operations are confined substantially to a single State and any other class of transactions that the Commission finds is not relevant to the jurisdictional rates of a public utility.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16463
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