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16 U.S.C. § 824 — Declaration of policy; application of subchapter

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

16 U.S.C. § 824 — Declaration of policy; application of subchapter

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Stable record: federal_law:legal_authorities:record_usc_e5ee975d01f0f779f981c3d7
Source file: Laws/federal/codes/united-states-code/title-16/section-824-declaration-of-policy-application-of-subchapter--14211485a2.md
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Source location: Title 16, Chapter 12, § 824; chapter-012-federal-regulation-and-development-of-power.md

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**(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–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this title shall apply to the entities described in such provisions, and such entities shall be subject to the jurisdiction of the Commission for purposes of carrying out such provisions and for purposes of applying the enforcement authorities of this chapter with respect to such provisions. Compliance with any order or rule of the Commission under the provisions of section 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title, shall not make an electric utility or other entity subject to the jurisdiction of the Commission for any purposes other than the purposes specified in the preceding sentence. **(c) Electric energy in interstate commerce** For the purpose of this subchapter, electric energy shall be held to be transmitted in interstate commerce if transmitted from a State and consumed at any point outside thereof; but only insofar as such transmission takes place within the United States. **(d) “Sale of electric energy at wholesale” defined** The term “sale of electric energy at wholesale” when used in this subchapter, means a sale of electric energy to any person for resale. **(e) “Public utility” defined** The term “public utility” when used in this subchapter and subchapter III of this chapter means any person who owns or operates facilities subject to the jurisdiction of the Commission under this subchapter (other than facilities subject to such jurisdiction solely by reason of section 824e(e), 824e(f),11 So in original. [Section 824e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824e&num=0&edition=prelim) does not contain a subsec. (f). 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title). **(f) United States, State, political subdivision of a State, or agency or instrumentality thereof exempt** No provision in this subchapter shall apply to, or be deemed to include, the United States, a State or any political subdivision of a State, an electric cooperative that receives financing under the Rural Electrification Act of 1936 ([7 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section901&num=0&edition=prelim) et seq.) or that sells less than 4,000,000 megawatt hours of electricity per year, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned, directly or indirectly, by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto. **(g) Books and records** (1) Upon written order of a State commission, a State commission may examine the books, accounts, memoranda, contracts, and records of— (A) an electric utility company subject to its regulatory authority under State law, (B) any exempt wholesale generator selling energy at wholesale to such electric utility, and (C) any electric utility company, or holding company thereof, which is an associate company or affiliate of an exempt wholesale generator which sells electric energy to an electric utility company referred to in subparagraph (A), wherever located, if such examination is required for the effective discharge of the State commission’s regulatory responsibilities affecting the provision of electric service. (2) Where a State commission issues an order pursuant to paragraph (1), the State commission shall not publicly disclose trade secrets or sensitive commercial information. (3) Any United States district court located in the State in which the State commission referred to in paragraph (1) is located shall have jurisdiction to enforce compliance with this subsection. (4) Nothing in this section shall— (A) preempt applicable State law concerning the provision of records and other information; or (B) in any way limit rights to obtain records and other information under Federal law, contracts, or otherwise. (5) As used in this subsection the terms “affiliate”, “associate company”, “electric utility company”, “holding company”, “subsidiary company”, and “exempt wholesale generator” shall have the same meaning as when used in 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.].

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

42 U.S.C. § 16451 — Funding new interconnection and transmission upgrades

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

42 U.S.C. § 15801 — National Laboratory Jobs ACCESS Program

**(a) In general** On or after the date that is 180 days after December 20, 2019, the Secretary may establish a program, to be known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of pre-apprenticeship programs and apprenticeship programs described in subsection (b). **(b) Pre-apprenticeship and apprenticeship programs described** A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that— (1) leads to recognized postsecondary credentials for secondary school and postsecondary students; (2) is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration; (3) is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration; (4) is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and (5) ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees. **(c) Eligible entities described** An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that— (1) demonstrates experience in implementing and providing career planning and career pathways

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15801

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

16 U.S.C. § 796 — Definitions

The words defined in this section shall have the following meanings for purposes of this chapter, to wit: (1) “public lands” means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public land laws. It shall not include “reservations”, as hereinafter defined; (2) “reservations” means national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks; (3) “corporation” means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include “municipalities” as hereinafter defined; (4) “person” means an individual or a corporation; (5) “licensee” means any person, State, or municipality licensed under the provisions of [section 797 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797&num=0&edition=prelim), and any assignee or successor in interest thereof; (6) “State” means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States; (7) “municipality” means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power; (8) “navigable waters” means those parts

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 796

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16 U.S.C. § 824e — Power of Commission to fix rates and charges; determination of cost of production or transmission

**(a) Unjust or preferential rates, etc.; statement of reasons for changes; hearing; specification of issues** Whenever the Commission, after a hearing held upon its own motion or upon complaint, shall find that any rate, charge, or classification, demanded, observed, charged, or collected by any public utility for any transmission or sale subject to the jurisdiction of the Commission, or that any rule, regulation, practice, or contract affecting such rate, charge, or classification is unjust, unreasonable, unduly discriminatory or preferential, the Commission shall determine the just and reasonable rate, charge, classification, rule, regulation, practice, or contract to be thereafter observed and in force, and shall fix the same by order. Any complaint or motion of the Commission to initiate a proceeding under this section shall state the change or changes to be made in the rate, charge, classification, rule, regulation, practice, or contract then in force, and the reasons for any proposed change or changes therein. If, after review of any motion or complaint and answer, the Commission shall decide to hold a hearing, it shall fix by order the time and place of such hearing and shall specify the issues to be adjudicated. **(b) Refund effective date; preferential proceedings; statement of reasons for delay; burden of proof; scope of refund order; refund orders in cases of dilatory behavior; interest** Whenever the Commission institutes a proceeding under this section, the Commission shall establish a refund effective date. In the case of a proceeding instituted on complaint, the refund effective date shall not be earlier than the date of the filing of such complaint nor later than 5 months after the filing of such complaint. In the case of a proceeding instituted by the

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

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7 U.S.C. § 901 — Short title

This chapter may be cited as the “Rural Electrification Act of 1936”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 901

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

10 U.S.C. § 2911 — Energy policy of the Department of Defense

**(a) General Energy Policy.—** The Secretary of Defense shall ensure the readiness of the armed forces for their military missions by pursuing energy security and energy resilience. **(b) Authorities.—** In order to achieve the policy set forth in subsection (a), the Secretary of Defense may— (1) establish metrics and standards for the assessment of energy resilience; (2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense; (3) require the Secretary of a military department to establish and maintain an energy resilience master plan for an installation; (4) authorize the use of energy security and energy resilience, including the benefits of on-site generation resources that reduce or avoid the cost of backup power, as factors in the cost-benefit analysis for procurement of energy; and (5) in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide power directly to a military facility or into the installation electrical distribution network. **(c) Energy Performance Goals.—** (1) The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities. (2) The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtm

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2911

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16 U.S.C. § 824a–3 — Cogeneration and small power production

**(a) Cogeneration and small power production rules** Not later than 1 year after November 9, 1978, the Commission shall prescribe, and from time to time thereafter revise, such rules as it determines necessary to encourage cogeneration and small power production, and to encourage geothermal small power production facilities of not more than 80 megawatts capacity, which rules require electric utilities to offer to— (1) sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities 11 So in original. Probably should be followed by a comma. and (2) purchase electric energy from such facilities. Such rules shall be prescribed, after consultation with representatives of Federal and State regulatory agencies having ratemaking authority for electric utilities, and after public notice and a reasonable opportunity for interested persons (including State and Federal agencies) to submit oral as well as written data, views, and arguments. Such rules shall include provisions respecting minimum reliability of qualifying cogeneration facilities and qualifying small power production facilities (including reliability of such facilities during emergencies) and rules respecting reliability of electric energy service to be available to such facilities from electric utilities during emergencies. Such rules may not authorize a qualifying cogeneration facility or qualifying small power production facility to make any sale for purposes other than resale. **(b) Rates for purchases by electric utilities** The rules prescribed under subsection (a) shall insure that, in requiring any electric utility to offer to purchase electric energy from any qualifying cogeneration facility or qualifying small power production facility, the rates for such purcha

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824a–3

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16 U.S.C. § 824o — Electric reliability

**(a) Definitions** For purposes of this section: (1) The term “bulk-power system” means— (A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and (B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. (2) The terms “Electric Reliability Organization” and “ERO” mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. (3) The term “reliability standard” means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities, including cybersecurity protection, and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. (4) The term “reliable operation” means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system elements. (5) The term “Interconnection” means a geographic area in which the operation of bulk-power system components is synchronized such that the f

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

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26 U.S.C. § 48 — Energy credit

**(a) Energy credit** (1) **In general** — For purposes of section 46, except as provided in paragraphs (1)(B), (2)(B), and (3)(B) of subsection (c), the energy credit for any taxable year is the energy percentage of the basis of each energy property placed in service during such taxable year. (2) **Energy percentage** (A) *In general* — Except as provided in paragraphs (6) and (7), the energy percentage is— (i) 6 percent in the case of— (I) qualified fuel cell property, (II) energy property described in clause (i) or (iii) of paragraph (3)(A) but only with respect to property the construction of which begins before January 1, 2025, (III) energy property described in paragraph (3)(A)(ii), (IV) qualified small wind energy property, (V) waste energy recovery property, (VI) energy storage technology, (VII) qualified biogas property, (VIII) microgrid controllers, and (IX) energy property described in clauses (v) and (vii) of paragraph (3)(A), and (ii) in the case of any energy property to which clause (i) does not apply, 0 percent. (B) *Coordination with rehabilitation credit* — The energy percentage shall not apply to that portion of the basis of any property which is attributable to qualified rehabilitation expenditures. (C) *Nonapplication of increases to energy percentage* — For purposes of energy property described in subparagraph (A)(ii), the energy percentage applicable to such property pursuant to such subparagraph shall not be increased or otherwise adjusted by any provision of this section. (3) **Energy property** — For purposes of this subpart, the term “energy property” means any property— (A) which is— (i) equipment which uses solar energy to generate electricity, to he

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 48

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42 U.S.C. § 7173 — Jurisdiction of Commission

**(a) Transfer of functions from Federal Power Commission** (1) There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission: (A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of 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.]; (B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the Federal Power Act [[16 U.S.C. 824](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824&num=0&edition=prelim) et seq.], and the interconnection, under section 202(b), of such Act [[16 U.S.C. 824a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824a/b&num=0&edition=prelim)], of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection); (C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7173

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