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16 U.S.C. § 2612 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this Act, except as otherwise specifically provided—
(1) The term “antitrust laws” includes the Sherman Antitrust Act ([15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) and following), the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) and following), the Federal Trade Commission Act ([15 U.S.C. 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section14&num=0&edition=prelim)[41] and following), the Wilson Tariff Act ([15 U.S.C. 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8&num=0&edition=prelim) and 9), and the Act of June 19, 1936, chapter 592 ([15 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), 13a, 13b, and 21A).
(2) The term “class” means, with respect to electric consumers, any group of such consumers who have similar characteristics of electric energy use.
(3) The term “Commission” means the Federal Energy Regulatory Commission.
(4) The term “electric utility” means any person, State agency, or Federal agency, which sells electric energy.
(5) The term “electric consumer” means any person, State agency, or Federal agency, to which electric energy is sold other than for purposes of resale.
(6) The term “evidentiary hearing” means—
(A) in the case of a State agency, a proceeding which (i) is open to the public, (ii) includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a written record of the proceeding, and (iv) is subject to
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Source location: Title 16, Chapter 46, § 2612; chapter-046-public-utility-regulatory-policies.md
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As used in this Act, except as otherwise specifically provided—
(1) The term “antitrust laws” includes the Sherman Antitrust Act ([15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) and following), the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) and following), the Federal Trade Commission Act ([15 U.S.C. 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section14&num=0&edition=prelim)[41] and following), the Wilson Tariff Act ([15 U.S.C. 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8&num=0&edition=prelim) and 9), and the Act of June 19, 1936, chapter 592 ([15 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), 13a, 13b, and 21A).
(2) The term “class” means, with respect to electric consumers, any group of such consumers who have similar characteristics of electric energy use.
(3) The term “Commission” means the Federal Energy Regulatory Commission.
(4) The term “electric utility” means any person, State agency, or Federal agency, which sells electric energy.
(5) The term “electric consumer” means any person, State agency, or Federal agency, to which electric energy is sold other than for purposes of resale.
(6) The term “evidentiary hearing” means—
(A) in the case of a State agency, a proceeding which (i) is open to the public, (ii) includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a written record of the proceeding, and (iv) is subject to judicial review;
(B) in the case of a Federal agency, a proceeding conducted as provided in sections 554, 556, and 557 of title 5; and
(C) in the case of a proceeding conducted by any entity other than a State or Federal agency, a proceeding which conforms, to the extent appropriate, with the requirements of subparagraph (A).
(7) The term “Federal agency” means an executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)).
(8) The term “load management technique” means any technique (other than a time-of-day or seasonal rate) to reduce the maximum kilowatt demand on the electric utility, including ripple or radio control mechanisms, and other types of interruptible electric service, energy storage devices, and load-limiting devices.
(9) The term “nonregulated electric utility” means any electric utility other than a State regulated electric utility.
(10) The term “rate” means (A) any price, rate, charge, or classification made, demanded, observed, or received with respect to sale of electric energy by an electric utility to an electric consumer, (B) any rule, regulation, or practice respecting any such rate, charge, or classification, and (C) any contract pertaining to the sale of electric energy to an electric consumer.
(11) The term “ratemaking authority” means authority to fix, modify, approve, or disapprove rates.
(12) The term “rate schedule” means the designation of the rates which an electric utility charges for electric energy.
(13) The term “sale” when used with respect to electric energy includes any exchange of electric energy.
(14) The term “Secretary” means the Secretary of Energy.
(15) The term “State” means a State, the District of Columbia, and Puerto Rico.
(16) The term “State agency” means a State, political subdivision thereof, and any agency or instrumentality of either.
(17) The term “State regulatory authority” means any State agency which has ratemaking authority with respect to the sale of electric energy by any electric utility (other than such State agency), and in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority, such term means the Tennessee Valley Authority.
(18) The term “State regulated electric utility” means any electric utility with respect to which a State regulatory authority has ratemaking authority.
(19) The term “integrated resource planning” means, in the case of an electric utility, a planning and selection process for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and efficiency, cogeneration and district heating and cooling applications, and renewable energy resources, in order to provide adequate and reliable service to its electric customers at the lowest system cost. The process shall take into account necessary features for system operation, such as diversity, reliability, dispatchability, and other factors of risk; shall take into account the ability to verify energy savings achieved through energy conservation and efficiency and the projected durability of such savings measured over time; and shall treat demand and supply resources on a consistent and integrated basis.
(20) The term “system cost” means all direct and quantifiable net costs for an energy resource over its available life, including the cost of production, distribution, transportation, utilization, waste management, and environmental compliance.
(21) The term “demand side management” includes load management techniques.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Trade Commission Act”.
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Federal law — U.S. Code and appendices · legal_authorities
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
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Federal law — U.S. Code and appendices · legal_authorities
Every combination, conspiracy, trust, agreement, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or corporations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in violation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Price; selection of customers** It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing her
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Federal law — U.S. Code and appendices · legal_authorities
Page 3
TITLE 15—COMMERCE AND TRADE
§ 1
Sec.
4.
Jurisdiction of courts; duty of United States
attorneys; procedure.
5.
Bringing in additional parties.
6.
Forfeiture of property in transit.
6a.
Conduct involving trade or commerce with
foreign nations.
7.
‘‘Person’’ or ‘‘persons’’ defined.
7a.
Definitions.
7a–1.
Limitation on recovery.
7a–2.
Rights, authorities, and liabilities not af-
fected.
7a–3.
Anti-retaliation
protection
for
whistle-
blowers.
8.
Trusts in restraint of import trade illegal;
penalty.
9.
Jurisdiction of courts; duty of United States
attorneys; procedure.
10.
Bringing in additional parties.
11.
Forfeiture of property in transit.
12.
Definitions; short title.
13.
Discrimination in price, services, or facilities.
13a.
Discrimination in rebates, discounts, or ad-
vertising service charges; underselling in
particular localities; penalties.
13b.
Cooperative association; return of net earn-
ings or surplus.
13c.
Exemption of non-profit institutions from
price discrimination provisions.
14.
Sale, etc., on agreement not to use goods of
competitor.
15.
Suits by persons injured.
15a.
Suits by United States; amount of recovery;
prejudgment interest.
15b.
Limitation of actions.
15c.
Actions by State attorneys general.
15d.
Measurement of damages.
15e.
Distribution of damages.
15f.
Actions by Attorney General.
15g.
Definitions.
15h.
Applicability of parens patriae actions.
16.
Judgments.
17.
Antitrust laws not applicable to labor organi-
zations.
18.
Acquisition by one corporation of stock of an-
other.
18a.
Premerger notification and waiting period.
18b.
Mergers involving foreign government sub-
sidies.
19.
Interlocking directorates and officers.
19a, 20.
Repealed.
21.
Enforcement pro
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Federal law — U.S. Code and appendices · legal_authorities
Page 19
TITLE 15—COMMERCE AND TRADE
§ 12
(Pub. L. 108–237, title II, § 216, as added Pub. L.
116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.)
§ 8. Trusts in restraint of import trade illegal;
penalty
Every combination, conspiracy, trust, agree-
ment, or contract is declared to be contrary to
public policy, illegal, and void when the same is
made by or between two or more persons or cor-
porations, either of whom, as agent or principal,
is engaged in importing any article from any
foreign country into the United States, and
when
such
combination,
conspiracy,
trust,
agreement, or contract is intended to operate in
restraint of lawful trade, or free competition in
lawful trade or commerce, or to increase the
market price in any part of the United States of
any article or articles imported or intended to
be imported into the United States, or of any
manufacture into which such imported article
enters or is intended to enter. Every person who
shall be engaged in the importation of goods or
any commodity from any foreign country in vio-
lation of this section, or who shall combine or
conspire with another to violate the same, is
guilty of a misdemeanor, and on conviction
thereof in any court of the United States such
person shall be fined in a sum not less than $100
and not exceeding $5,000, and shall be further
punished by imprisonment, in the discretion of
the court, for a term not less than three months
nor exceeding twelve months.
(Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12,
1913, ch. 40, 37 Stat. 667.)
Editorial Notes
AMENDMENTS
1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin-
cipal’’.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Section 77, formerly § 78, of act Aug. 27, 1894, as added
by Pub. L. 94–435, title III,
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