16 U.S.C. § 824i — Interconnection authority

Page 1416 TITLE 16—CONSERVATION § 824f costs to be paid by other electric utility companies of such registered holding company. For purposes of this section, the terms ‘electric utility companies’ and ‘reg- istered holding company’ shall have the same meanings as provided in the Public Utility Holding Company Act of 1935, as amended [15 U.S.C. 79 et seq.].’’ STUDY Pub. L. 100–473, § 5, Oct. 6, 1988, 102 Stat. 2301, directed that, no earlier than three years and no later than four years after Oct. 6, 1988, Federal Energy Regulatory Commission perform a study of effect of amendments to this section, analyzing (1) impact, if any, of such amendments on cost of capital paid by public utilities, (2) any change in average time taken to resolve pro- ceedings under this section, and (3) such other matters as Commission may deem appropriate in public inter- est, with study to be sent to Committee on Energy and Natural Resources of Senate and Committee on Energy and Commerce of House of Representatives. § 824f. Ordering furnishing of adequate service Whenever the Commission, upon complaint of a State commission, after notice to each State commission and public utility affected and after opportunity for hearing, shall find that any interstate service of any public utility is inad- equate or insufficient, the Commission shall de- termine the proper, adequate, or sufficient serv- ice to be furnished, and shall fix the same by its order, rule, or regulation: Provided, That the Commission shall have no authority to compel the enlargement of generating facilities for such purposes, nor to compel the public utility to sell or exchange energy when to do so would impair its ability to render adequate service to its cus- tomers. (June 10, 1920, ch. 285, pt. II, § 207, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 853.) § 824g. Ascertainment of cost of property and de- preciation (a) Investigation of property costs The Commission may investigate and ascer- tain the actual legitimate cost of the property of every public utility, the depreciation therein, and, when found necessary for rate-making pur- poses, other facts which bear on the determina- tion of such cost or depreciation, and the fair value of such property. (b) Request for inventory and cost statements Every public utility upon request shall file with the Commission an inventory of all or any part of its property and a statement of the origi- nal cost thereof, and shall keep the Commission informed regarding the cost of all additions, bet- terments, extensions, and new construction. (June 10, 1920, ch. 285, pt. II, § 208, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 853.) § 824h. References to State boards by Commis- sion (a) Composition of boards; force and effect of proceedings The Commission may refer any matter arising in the administration of this subchapter to a board to be composed of a member or members, as determined by the Commission, from the State or each of the States affected or to be af- fected by such matter. Any such board shall be vested with the same power and be subject to the same duties and liabilities as in the case of a member of the Commission when designated by the Commission to hold any hearings. The action of such board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regula- tions prescribe. The board shall be appointed by the Commission from persons nominated by the State commission of each State affected or by the Governor of such State if there is no State commission. Each State affected shall be enti- tled to the same number of representatives on the board unless the nominating power of such State waives such right. The Commission shall have discretion to reject the nominee from any State, but shall thereupon invite a new nomina- tion from that State. The members of a board shall receive such allowances for expenses as the Commission shall provide. The Commission may, when in its discretion sufficient reason ex- ists therefor, revoke any reference to such a board. (b) Cooperation with State commissions The Commission may confer with any State commission regarding the relationship between rate structures, costs, accounts, charges, prac- tices, classifications, and regulations of public utilities subject to the jurisdiction of such State commission and of the Commission; and the Commission is authorized, under such rules and regulations as it shall prescribe, to hold joint hearings with any State commission in connec- tion with any matter with respect to which the Commission is authorized to act. The Commis- sion is authorized in the administration of this chapter to avail itself of such cooperation, serv- ices, records, and facilities as may be afforded by any State commission. (c) Availability of information and reports to State commissions; Commission experts The Commission shall make available to the several State commissions such information and reports as may be of assistance in State regula- tion of public utilities. Whenever the Commis- sion can do so without prejudice to the efficient and proper conduct of its affairs, it may upon re- quest from a State make available to such State as witnesses any of its trained rate, valuation, or other experts, subject to reimbursement to the Commission by such State of the compensa- tion and traveling expenses of such witnesses. All sums collected hereunder shall be credited to the appropriation from which the amounts were expended in carrying out the provisions of this subsection. (June 10, 1920, ch. 285, pt. II, § 209, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 853.) § 824i. Interconnection authority (a) Powers of Commission; application by State regulatory authority (1) Upon application of any electric utility, Federal power marketing agency, geothermal power producer (including a producer which is not an electric utility), qualifying cogenerator, or qualifying small power producer, the Com- mission may issue an order requiring— (A) the physical connection of any cogenera- tion facility, any small power production fa- Page 1417 TITLE 16—CONSERVATION § 824j 1 So in original. The period probably should be a comma. cility, or the transmission facilities of any electric utility, with the facilities of such ap- plicant, (B) such action as may be necessary to make effective any physical connection described in subparagraph (A), which physical connection is ineffective for any reason, such as inad- equate size, poor maintenance, or physical unreliability, (C) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under sub- paragraph (A) or (B), or (D) such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph (A) or (B). (2) Any State regulatory authority may apply to the Commission for an order for any action referred to in subparagraph (A), (B), (C), or (D) of paragraph (1). No such order may be issued by the Commission with respect to a Federal power marketing agency upon application of a State regulatory authority. (b) Notice, hearing and determination by Com- mission Upon receipt of an application under sub- section (a), the Commission shall— (1) issue notice to each affected State regu- latory authority, each affected electric util- ity, each affected Federal power marketing agency, each affected owner or operator of a cogeneration facility or of a small power pro- duction facility, and to the public.1 (2) afford an opportunity for an evidentiary hearing, and (3) make a determination with respect to the matters referred to in subsection (c). (c) Necessary findings No order may be issued by the Commission under subsection (a) unless the Commission de- termines that such order— (1) is in the public interest, (2) would— (A) encourage overall conservation of en- ergy or capital, (B) optimize the efficiency of use of facili- ties and resources, or (C) improve the reliability of any electric utility system or Federal power marketing agency to which the order applies, and (3) meets the requirements of section 824k of this title. (d) Motion of Commission The Commission may, on its own motion, after compliance with the requirements of para- graphs (1) and (2) of subsection (b), issue an order requiring any action described in sub- section (a)(1) if the Commission determines that such order meets the requirements of subsection (c). No such order may be issued upon the Com- mission’s own motion with respect to a Federal power marketing agency. (e) Definitions (1) As used in this section, the term ‘‘facili- ties’’ means only facilities used for the genera- tion or transmission of electric energy. (2) With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under sub- section (a)(1), the term ‘‘facilities of such appli- cant’’ means the qualifying cogeneration facili- ties or qualifying small power production facili- ties of the applicant, as specified in the applica- tion. With respect to an order issued pursuant to an application under subsection (a)(2), the term ‘‘facilities of such applicant’’ means the quali- fying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the application. With respect to an order issued by the Commission on its own motion under sub- section (d), such term means the qualifying co- generation facilities, qualifying small power production facilities, or the transmission facili- ties of an electric utility, as specified in the pro- posed order. (June 10, 1920, ch. 285, pt. II, § 210, as added Pub. L. 95–617, title II, § 202, Nov. 9, 1978, 92 Stat. 3135; amended Pub. L. 96–294, title VI, § 643(a)(2), June 30, 1980, 94 Stat. 770.) Editorial Notes AMENDMENTS 1980—Subsec. (a)(1). Pub. L. 96–294 added applicability to geothermal power producers. Statutory Notes and Related Subsidiaries STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON APPLICATION OF PROVISIONS RELATING TO COGENERA- TION, SMALL POWER PRODUCTION, AND INTERCONNEC- TION AUTHORITY TO HYDROELECTRIC POWER FACILI- TIES For provisions requiring the Federal Energy Regu- latory Commission to conduct a study and report to Congress on whether the benefits of this section and section 824a–3 of this title should be applied to hydro- electric power facilities utilizing new dams or diver- sions, within the meaning of section 824a–3(k) of this title, see section 8(d) of Pub. L. 99–495, set out as a note under section 824a–3 of this title. § 824j. Wheeling authority (a) Transmission service by any electric utility; notice, hearing and findings by Commission Any electric utility, Federal power marketing agency, or any other person generating electric energy for sale for resale, may apply to the Commission for an order under this subsection requiring a transmitting utility to provide transmission services (including any enlarge- ment of transmission capacity necessary to pro- vide such services) to the applicant. Upon re- ceipt of such application, after public notice and notice to each affected State regulatory author- ity, each affected electric utility, and each af- fected Federal power marketing agency, and after affording an opportunity for an evi- dentiary hearing, the Commission may issue such order if it finds that such order meets the requirements of section 824k of this title, and would otherwise be in the public interest. No order may be issued under this subsection unless the applicant has made a request for trans- mission services to the transmitting utility that would be the subject of such order at least 60