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42 U.S.C. § 7191 — Federal Energy Regulatory Commission fees and annual charges
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
**(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
**(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment.
**(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed.
**(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person.
**(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury.
**(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.
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Source file: Laws/federal/codes/united-states-code/title-42/section-7191-federal-energy-regulatory-commission-fees-and-annual-charges--842e724614.md
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Source location: Title 42, Chapter 84, § 7191; chapter-084-department-of-energy.md
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**(a) In general**
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
**(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
**(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment.
**(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed.
**(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person.
**(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury.
**(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) to (e) Repealed. Pub. L. 106–469, title I, § 103(13)(A), Nov. 9, 2000, 114 Stat. 2030**
**(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve** In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of [section 6240 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6240&num=0&edition=prelim), by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve;
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
**(g) Acquisition of property by negotiation as prerequisite to condemnation** Before any condemnation proceedings are institute
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6241
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility of petroleum products** The Secretary may acquire, place in storage, transport, or exchange petroleum products acquired by purchase or exchange.
**(b) Objectives in determining manner of acquisition** The Secretary shall, to the greatest extent practicable, acquire petroleum products for the Reserve in a manner consonant with the following objectives:
(1) minimization of the cost of the Reserve;
(2) Repealed. Pub. L. 106–469, title I, § 103(14)(C), Nov. 9, 2000, 114 Stat. 2031;
(3) minimization of the Nation’s vulnerability to a severe energy supply interruption;
(4) minimization of the impact of such acquisition upon supply levels and market forces; and
(5) encouragement of competition in the petroleum industry.
**(c) Procedures** The Secretary shall develop, with public notice and opportunity for comment, procedures consistent with the objectives of this section to acquire petroleum for the Reserve. Such procedures shall take into account the need to—
(1) maximize overall domestic supply of crude oil (including quantities stored in private sector inventories);
(2) avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers;
(3) minimize the costs to the Department of the Interior and the Department of Energy in acquiring such petroleum products (including foregone revenues to the Treasury when petroleum products for the Reserve are obtained through the royalty-in-kind program);
(4) protect national security;
(5) avoid adversely affecting current and futures prices, supplies, and inventories of oil; and
(6) address other factors that the Secretary determines to be appropriate.
**(d) , (e) Repealed. Pub. L. 106–469, title I, § 103(14)(D), Nov. 9, 2000, 114 Stat. 2031**
**(f) Predrawdown diversion*
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6242
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Power of Secretary** The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section.
**(b) , (c) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031**
**(d) Presidential finding prerequisite to drawdown and sale**
(1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program.
(2) For purposes of this section, in addition to the circumstances set forth in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), a severe energy supply interruption shall be deemed to exist if the President determines that—
(A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration;
(B) a severe increase in the price of petroleum products has resulted from such emergency situation; and
(C) such price increase is likely to cause a major adverse impact on the national economy.
**(e) Sales procedures**
(1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products.
(2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section.
**(f) Repealed. Pub. L. 106–469, title I, § 103(15)(C), N
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6243
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Federal law — U.S. Code and appendices · legal_authorities
An action taken under this part is not subject to the rulemaking requirements of [section 6393 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6393&num=0&edition=prelim), [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim), or [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6250f
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Federal law — U.S. Code and appendices · legal_authorities
Within one year after October 1, 1977, the Secretary shall submit a report to Congress concerning the actions taken to implement [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim). The report shall include a discussion of the adequacy of such section from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about such section and implementing regulations, and such recommendations as the Secretary deems appropriate concerning the procedures required by such section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7211, 7212
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may prescribe such rules consistent with the purposes of this chapter as he deems appropriate pursuant to title V of the Department of Energy Organization Act [[42 U.S.C. 7191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7920
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rulemaking** Except to the extent otherwise provided in this section or other provisions of this chapter, rules prescribed under this chapter shall be made in accordance with the procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
**(b) Notices of rules and orders imposing prohibitions** Before the Secretary prescribes any rule or issues any order imposing a prohibition under this chapter, he shall publish such proposed rule or order in the Federal Register, together with a statement of the reasons for such rule or order and, in the case of a rule, a detailed statement of any special circumstances or characteristics required to be taken into account in prescribing such rule. A copy shall be transmitted to the person who operates any such powerplant required to be specifically identified in such rule or order.
**(c) Petitions for exemptions**
(1) Any petition for an exemption from any prohibition under this chapter shall be filed at such time and shall be in such form as the Secretary shall by rule prescribe. The Secretary, upon receipt of such petition, shall publish a notice thereof in the Federal Register together with a statement of the reasons set forth in such a petition for requesting such exemption, and provide a period of public comment of at least 45 days for written comments thereon. Rules required under this paragraph shall be prescribed not later than 120 days after November 9, 1978.
(2) The Secretary, upon receipt of such petition, shall notify the appropriate State agencies having primary authority to permit or regulate the construction or operation of the electric powerplant which is the subject of such petition, and, to the maximum extent
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of standby conservation plan**
(1) Within 90 days after November 5, 1979, the Secretary, in accordance with [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim), shall establish a standby Federal emergency conservation plan. The Secretary may amend such plan at any time, and shall make such amendments public upon their adoption.
(2) The plan under this section shall be consistent with the attainment of the objectives of section 753(b)(1) 11 See References in Text note below. of title 15, and shall provide for the emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect or may be in effect under [section 8511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511&num=0&edition=prelim).
**(b) Implementation of standby conservation plan**
(1) If the President finds—
(A) after a reasonable period of operation, but not less than 90 days, that a State emergency conservation plan approved and implemented under [section 8512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8512&num=0&edition=prelim) is not substantially meeting a conservation target established under [section 8511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8511/a&num=0&edition=prelim) for such State and it is likely that such target will continue to be unmet; and
(B) a shortage exists or is likely to exist in such State for the 60-day period beginning after such finding that is equal to or greater than 8 percent of the projected normal demand, as determined by the President, for an energy source for whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8515
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Areas of knowledge limiting system utilization** The Secretary shall initiate research and development or accelerate existing research and development in areas in which the lack of knowledge limits the widespread utilization of wind energy systems in order to achieve the purposes of this chapter.
**(b) Development of system prototypes and improvements**
(1) The Secretary shall continue an aggressive program for the development of prototypes of advanced wind energy systems.
(2) As often as he deems appropriate, the Secretary shall solicit and evaluate proposals for the research and development of any new or improved technologies, which, in the Secretary’s opinion, will contribute to the development of improvements in current wind energy systems.
**(c) Acquisition of economic, scientific, and technological information of system operations under various circumstances and conditions** The Secretary is authorized to enter into contracts, grants, and cooperative agreements with public and private entities for the purchase, fabrication, installation, and testing to obtain scientific, technological, and economic information from the demonstration of a variety of prototypes of advanced wind energy systems under a variety of circumstances and conditions.
**(d) Other provisions inapplicable** In carrying out the responsibilities under this section, the Secretary is not subject to the requirements of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) or [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9204
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Federal law — U.S. Code and appendices · legal_authorities
Page 7077
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7191
§ 7176. Reorganization
For the purposes of chapter 9 of title 5 the
Commission shall be deemed to be an inde-
pendent regulatory agency.
(Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat.
586.)
§ 7177. Access to information
(a) The Secretary, each officer of the Depart-
ment, and each Federal agency shall provide to
the Commission, upon request, such existing in-
formation in the possession of the Department
or other Federal agency as the Commission de-
termines is necessary to carry out its respon-
sibilities under this chapter.
(b) The Secretary, in formulating the informa-
tion to be requested in the reports or investiga-
tions under section 825c and section 825j of title
16 and section 717i and section 717j of title 15
shall include in such reports and investigations
such specific information as requested by the
Federal Energy Regulatory Commission and
copies of all reports, information, results of in-
vestigations and data under said sections shall
be furnished by the Secretary to the Federal En-
ergy Regulatory Commission.
(Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat.
587.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565, known as the Department of Energy Orga-
nization Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 7101 of
this title and Tables.
§ 7178. Federal Energy Regulatory Commission
fees and annual charges
(a) In general
(1) Except as provided in paragraph (2) and be-
ginning in fiscal year 1987 and in each fiscal year
thereafter, the Federal Ene
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7191
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