16 U.S.C. § 824m — Sales by exempt wholesale generators

Page 1423 TITLE 16—CONSERVATION § 824o 1 See References in Text note below. Subsec. (b). Pub. L. 102–486, § 722(1), struck out subsec. (b) which required applicants for orders to be ready, willing, and able to reimburse parties subject to such orders. Subsec. (e). Pub. L. 102–486, § 722(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to utilization of interconnection or wheeling authority in lieu of other authority and limitation of Commission authority. Subsecs. (g) to (k). Pub. L. 102–486, § 722(3), added sub- secs. (g) to (k). Statutory Notes and Related Subsidiaries STATE AUTHORITIES; CONSTRUCTION Nothing in amendment by Pub. L. 102–486 to be con- strued as affecting or intending to affect, or in any way to interfere with, authority of any State or local gov- ernment relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title. § 824l. Information requirements (a) Requests for wholesale transmission services Whenever any electric utility, Federal power marketing agency, or any other person gener- ating electric energy for sale for resale makes a good faith request to a transmitting utility to provide wholesale transmission services and re- quests specific rates and charges, and other terms and conditions, unless the transmitting utility agrees to provide such services at rates, charges, terms and conditions acceptable to such person, the transmitting utility shall, within 60 days of its receipt of the request, or other mutually agreed upon period, provide such person with a detailed written explanation, with specific reference to the facts and circumstances of the request, stating (1) the transmitting util- ity’s basis for the proposed rates, charges, terms, and conditions for such services, and (2) its analysis of any physical or other constraints affecting the provision of such services. (b) Transmission capacity and constraints Not later than 1 year after October 24, 1992, the Commission shall promulgate a rule requir- ing that information be submitted annually to the Commission by transmitting utilities which is adequate to inform potential transmission customers, State regulatory authorities, and the public of potentially available transmission ca- pacity and known constraints. (June 10, 1920, ch. 285, pt. II, § 213, as added Pub. L. 102–486, title VII, § 723, Oct. 24, 1992, 106 Stat. 2919.) Statutory Notes and Related Subsidiaries STATE AUTHORITIES; CONSTRUCTION Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see sec- tion 731 of Pub. L. 102–486, set out as a note under sec- tion 796 of this title. § 824m. Sales by exempt wholesale generators No rate or charge received by an exempt wholesale generator for the sale of electric en- ergy shall be lawful under section 824d of this title if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this sec- tion, the terms ‘‘associate company’’ and ‘‘affil- iate’’ shall have the same meaning as provided in section 16451 of title 42.1 (June 10, 1920, ch. 285, pt. II, § 214, as added Pub. L. 102–486, title VII, § 724, Oct. 24, 1992, 106 Stat. 2920; amended Pub. L. 109–58, title XII, § 1277(b)(2), Aug. 8, 2005, 119 Stat. 978.) Editorial Notes REFERENCES IN TEXT Section 16451 of title 42, referred to in text, was in the original ‘‘section 2(a) of the Public Utility Holding Company Act of 2005’’ and was translated as reading ‘‘section 1262’’ of that Act, meaning section 1262 of sub- title F of title XII of Pub. L. 109–58, to reflect the prob- able intent of Congress, because subtitle F of title XII of Pub. L. 109–58 does not contain a section 2 and sec- tion 1262 of subtitle F of title XII of Pub. L. 109–58 de- fines terms. AMENDMENTS 2005—Pub. L. 109–58 substituted ‘‘section 16451 of title 42’’ for ‘‘section 79b(a) of title 15’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–58 effective 6 months after Aug. 8, 2005, with provisions relating to effect of com- pliance with certain regulations approved and made ef- fective prior to such date, see section 1274 of Pub. L. 109–58, set out as an Effective Date note under section 16451 of Title 42, The Public Health and Welfare. STATE AUTHORITIES; CONSTRUCTION Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see sec- tion 731 of Pub. L. 102–486, set out as a note under sec- tion 796 of this title. § 824n. Repealed. Pub. L. 109–58, title XII, § 1232(e)(3), Aug. 8, 2005, 119 Stat. 957 Section, Pub. L. 106–377, § 1(a)(2) [title III, § 311], Oct. 27, 2000, 114 Stat. 1441, 1441A–80, related to authority re- garding formation and operation of regional trans- mission organizations. § 824o. Electric reliability (a) Definitions For purposes of this section: (1) The term ‘‘bulk-power system’’ means— (A) facilities and control systems nec- essary for operating an interconnected elec- tric energy transmission network (or any portion thereof); and (B) electric energy from generation facili- ties 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 Organiza- tion’’ and ‘‘ERO’’ mean the organization cer-