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15 U.S.C. § 797 — Enforcement

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

15 U.S.C. § 797 — Enforcement

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Source location: Title 15, Chapter 16C, § 797; chapter-16c-energy-supply-and-environmental-coordination.md

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**(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=prelim) or [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim) that any individual or organization has engaged, is engaged, or is about to engage in acts or practices constituting a violation of subsection (a) the Federal Energy Administrator or such person may request the Attorney General to bring a civil action to enjoin such acts or practices, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. In such action, the court may also issue mandatory injunctions commanding any person to comply with any provision, the violation of which is prohibited by subsection (a). (5) Any person suffering legal wrong because of any act or practice arising out of any violation of subsection (a) may bring a civil action for appropriate relief, including an action for a declaratory judgment or writ of injunction. United States district courts shall have jurisdiction of actions under this paragraph without regard to the amount in controversy. Nothing in this paragraph shall authorize any person to recover damages.

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

15 U.S.C. § 792 — Coal conversion and allocation

**(a) Powerplant and fuel burning installations** The Federal Energy Administrator— (1) shall, by order, prohibit any powerplant, and (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the requirements of subsection (b) are met and if (A) the Federal Energy Administrator determines such powerplant or installation on June 22, 1974, had, or thereafter acquires or is designed with, the capability and necessary plant equipment to burn coal, or (B) such powerplant or installation is required to meet a design or construction requirement under subsection (c). **(b) Prerequisites to issuance or effectiveness of orders prohibiting use of natural gas or petroleum products as primary energy source** The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or installation unless the Federal Energy Administrator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this chapter, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Federal Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, complies wi

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

15 U.S.C. § 796 — Reporting of energy information

**(a) Authority of Federal Energy Administrator to request, acquire, and collect energy information; rules and regulations** For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this chapter or the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.].11 See References in Text note below. The Federal Energy Administrator shall promptly promulgate rules pursuant to subsection (b)(1)(A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days. **(b) Powers of Federal Energy Administrator in obtaining energy information; verification of accuracy; compliance orders** (1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized— (A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports; (B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submi

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

15 U.S.C. § 790 — Establishment of Office of Energy Information and Analysis

**(a) Director; appointment; qualifications** (1) There is established within the Federal Energy Administration an Office of Energy Information and Analysis (hereinafter in this chapter referred to as the “Office”) which shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. (2) The Director shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system. **(b) Delegation of authority by Administrator** The Administrator shall delegate (which delegation may be on a nonexclusive basis as the Administrator may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the authority vested in him under [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim) and [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section772&num=0&edition=prelim) and the Director may act in the name of the Administrator under [section 797 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section797&num=0&edition=prelim) and [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section772&num=0&edition=prelim) for the purpose of obtaining enforcement of the authorities delegated to him. **(c) “Energy information” defined** As used in this chapter the term “energy information” shall have the meaning described in [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim).

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

16 U.S.C. § 2601 — Gathering information on costs of service

**(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

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

15 U.S.C. § 797 — Enforcement

Page 1257 TITLE 15—COMMERCE AND TRADE § 797 The Administrator shall file quarterly reports with the President and the Congress compiled from accounts kept in accordance with such sec- tion 503 and submitted to the Administrator in accordance with this paragraph. Such reports shall present energy information in the cat- egories specified in subsection (c) of such section 503 to the extent that such information may be compiled from such accounts. Such energy infor- mation shall be collected and such quarterly re- ports made for each calendar quarter which be- gins 6 months after the date on which the ac- counting practices developed pursuant to such section 503 are made effective. (d) Confidential information Upon a showing satisfactory to the Federal Energy Administrator by any person that any energy information obtained under this section from such person would, if made public, divulge methods or processes entitled to protection as trade secrets or other proprietary information of such person, such information, or portion thereof, shall be confidential in accordance with the provisions of section 1905 of title 18; except that such information, or part thereof, shall not be deemed confidential for purposes of disclo- sure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this chapter and the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 (2) the Attorney General, the Secretary of the Interior, the Federal Trade Commission, the Federal Power Commission, or the Govern- ment Accountability Office, when necessary to carry out those agencies’ duties and responsibil- ities under this and other statutes, and (3) the Congress, or any committee of Congress upon re- quest of the C

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