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16 U.S.C. § 825m — Enforcement provisions

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

16 U.S.C. § 825m — Enforcement provisions

**(a) Enjoining and restraining violations** Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper District Court of the United States or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this chapter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings under this chapter. **(b) Writs of mandamus** Upon application of the Commission the district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder. **(c) Employment of attorneys** The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission’s own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the

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Stable record: federal_law:legal_authorities:record_usc_a9d59a8bbe20dc81338bd5ca
Source file: Laws/federal/codes/united-states-code/title-16/section-825m-enforcement-provisions--8dbb013db1.md
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Source location: Title 16, Chapter 12, § 825m; chapter-012-federal-regulation-and-development-of-power.md

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**(a) Enjoining and restraining violations** Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper District Court of the United States or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this chapter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings under this chapter. **(b) Writs of mandamus** Upon application of the Commission the district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder. **(c) Employment of attorneys** The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission’s own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission. **(d) Prohibitions on violators** In any proceedings under subsection (a), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices constituting a violation of [section 824u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824u&num=0&edition=prelim) (and related rules and regulations) from— (1) acting as an officer or director of an electric utility; or (2) engaging in the business of purchasing or selling— (A) electric energy; or (B) transmission services subject to the jurisdiction of the Commission.

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

28 U.S.C. § 88 — District of Columbia

The District of Columbia constitutes one judicial district.

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

16 U.S.C. § 824u — Prohibition on filing false information

No entity (including 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)) shall willfully and knowingly report any information relating to the price of electricity sold at wholesale or the availability of transmission capacity, which information the person or any other entity knew to be false at the time of the reporting, to a Federal agency with intent to fraudulently affect the data being compiled by the Federal agency.

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

16 U.S.C. § 825m — Enforcement provisions

Page 1444 TITLE 16—CONSERVATION § 825m upon certiorari or certification as provided in section 1254 of title 28. (c) Stay of Commission’s order The filing of an application for rehearing under subsection (a) shall not, unless specifi- cally ordered by the Commission, operate as a stay of the Commission’s order. The commence- ment of proceedings under subsection (b) of this section shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order. (June 10, 1920, ch. 285, pt. III, § 313, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 860; amend- ed June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 16, Aug. 28, 1958, 72 Stat. 947; Pub. L. 109–58, title XII, § 1284(c), Aug. 8, 2005, 119 Stat. 980.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 1254 of title 28’’ substituted for ‘‘sections 239 and 240 of the Judicial Code, as amend- ed (U.S.C., title 28, secs. 346 and 347)’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58 inserted ‘‘electric utility,’’ after ‘‘Any person,’’ and ‘‘to which such per- son,’’ and substituted ‘‘brought by any entity unless such entity’’ for ‘‘brought by any person unless such person’’. 1958—Subsec. (a). Pub. L. 85–791, § 16(a), inserted sen- tence to provide that Commission may modify or set aside findings or orders until record has been filed in court of appeals. Subsec. (b). Pub. L. 85–791, § 16(b), in second sentence, substituted ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’, substituted ‘‘file with the court’’ for ‘‘certify and file with the court a t

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