42 U.S.C. § 7134 — Federal Energy Regulatory Commission;

Page 7052 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7134 (10) Power marketing functions, including responsibility for marketing and transmission of Federal power. (11) Public and congressional relations func- tions, including responsibilities for providing a continuing liaison between the Department and the Congress and the Department and the public. (b) At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the function or functions de- scribed in subsection (a) (or any portion thereof) for which such individual will be responsible. (Pub. L. 95–91, title II, § 203, Aug. 4, 1977, 91 Stat. 570; Pub. L. 106–65, div. C, title XXXII, § 3294(a)(2), (b), Oct. 5, 1999, 113 Stat. 970; Pub. L. 109–58, title X, § 1006(b)(1), Aug. 8, 2005, 119 Stat. 931; Pub. L. 111–11, title XIII, § 13004(a), Mar. 30, 2009, 123 Stat. 1449.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–11 substituted ‘‘8 Assist- ant Secretaries’’ for ‘‘7 Assistant Secretaries’’ in intro- ductory provisions. 2005—Subsec. (a). Pub. L. 109–58 substituted ‘‘7’’ for ‘‘six’’ in introductory provisions. 1999—Subsec. (a). Pub. L. 106–65, § 3294(a)(2), sub- stituted ‘‘six’’ for ‘‘eight’’ in introductory provisions. Subsec. (a)(5). Pub. L. 106–65, § 3294(b), struck out par. (5) which read as follows: ‘‘National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national secu- rity functions involving nuclear weapons research and development.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and Na- tional Defense. FEDERAL POWER MARKETING ADMINISTRATION EMPLOYMENT LEVELS Pub. L. 101–514, title V, § 510, Nov. 5, 1990, 104 Stat. 2098, provided that no funds appropriated or made available were to be used by the executive branch to change employment levels determined by Administra- tors of the Federal Power Marketing Administrations to be necessary to carry out their responsibilities under this chapter and related laws, or to change employment levels of other Department of Energy programs to com- pensate for employment levels of the Federal Power Marketing Administrations, prior to repeal by Pub. L. 104–46, title V, § 501, Nov. 13, 1995, 109 Stat. 419. MARKETING AND EXCHANGE OF SURPLUS ELECTRICITY FROM NAVAJO GENERATING STATION Pub. L. 98–381, title I, § 107, Aug. 17, 1984, 98 Stat. 1339, provided that: ‘‘(a) Subject to the provisions of any existing layoff contracts, electrical capacity and energy associated with the United States’ interest in the Navajo gener- ating station which is in excess of the pumping require- ments of the Central Arizona project and any such needs for desalting and protective pumping facilities as may be required under section 101(b)(2)(B) of the Colo- rado River Basin Salinity Control Act of 1974, as amended [43 U.S.C. 1571(b)(2)(B)] (hereinafter in this Act referred to as ‘Navajo surplus’) shall be marketed and exchanged by the Secretary of Energy pursuant to this section. ‘‘(b) Navajo surplus shall be marketed by the Sec- retary of Energy pursuant to the plan adopted under subsection (c) of this section, directly to, with or through the Arizona Power Authority and/or other en- tities having the status of preference entities under the reclamation law in accordance with the preference pro- visions of section 9(c) of the Reclamation Project Act of 1939 [43 U.S.C. 485h(c)] and as provided in part IV, section A of the Criteria. ‘‘(c) In the marketing and exchanging of Navajo sur- plus, the Secretary of the Interior shall adopt the plan deemed most acceptable, after consultation with the Secretary of Energy, the Governor of Arizona, and the Central Arizona Water Conservation District (or its successor in interest to the repayment obligation for the Central Arizona project), for the purposes of opti- mizing the availability of Navajo surplus and providing financial assistance in the timely construction and re- payment of construction costs of authorized features of the Central Arizona project. The Secretary of the Inte- rior, in concert with the Secretary of Energy, in ac- cordance with section 14 of the Reclamation Project Act of 1939 [43 U.S.C. 389], shall grant electrical power and energy exchange rights with Arizona entities as necessary to implement the adopted plan: Provided, however, That if exchange rights with Arizona entities are not required to implement the adopted plan, ex- change rights may be offered to other entities. ‘‘(d) For the purposes provided in subsection (c) of this section, the Secretary of Energy, or the marketing entity or entities under the adopted plan, are author- ized to establish and collect or cause to be established and collected, rate components, in addition to those currently authorized, and to deposit the revenues re- ceived in the Lower Colorado River Basin Development Fund to be available for such purposes and if required under the adopted plan, to credit, utilize, pay over di- rectly or assign revenues from such additional rate components to make repayment and establish reserves for repayment of funds, including interest incurred, to entities which have advanced funds for the purposes of subsection (c) of this section: Provided, however, That rates shall not exceed levels that allow for an appro- priate saving for the contractor. ‘‘(e) To the extent that this section may be in con- flict with any other provision of law relating to the marketing and exchange of Navajo surplus, or to the disposition of any revenues therefrom, this section shall control.’’ § 7134. Federal Energy Regulatory Commission; compensation of Chairman and members There shall be within the Department, a Fed- eral Energy Regulatory Commission established by subchapter IV of this chapter (hereinafter re- ferred to in this chapter as the ‘‘Commission’’). The Chairman shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. The Chair- man and members of the Commission shall be individuals who, by demonstrated ability, back- ground, training, or experience, are specially Page 7053 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7135 1 See References in Text note below. qualified to assess fairly the needs and concerns of all interests affected by Federal energy pol- icy. (Pub. L. 95–91, title II, § 204, Aug. 4, 1977, 91 Stat. 571.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7135. Energy Information Administration (a) Establishment; appointment of Administrator; compensation; qualifications; duties (1) There shall be within the Department an Energy Information Administration to be head- ed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be com- pensated at the rate provided for in level IV of the Executive Schedule under section 5315 of title 5. The Administrator shall be a person who, by reason of professional background and experi- ence, is specially qualified to manage an energy information system. (2) The Administrator shall be responsible for carrying out a central, comprehensive, and uni- fied energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is rel- evant to energy resource reserves, energy pro- duction, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term fu- ture for the Nation’s economic and social needs. (b) Delegation of functions The Secretary shall delegate to the Adminis- trator (which delegation may be on a nonexclu- sive basis as the Secretary may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the functions vested in him by law relating to gathering, analysis, and dissemination of energy information (as defined in section 796 of title 15) and the Administrator may act in the name of the Secretary for the purpose of obtaining en- forcement of such delegated functions. (c) Functions of Director of Office of Energy In- formation and Analysis In addition to, and not in limitation of the functions delegated to the Administrator pursu- ant to other subsections of this section, there shall be vested in the Administrator, and he shall perform, the functions assigned to the Di- rector of the Office of Energy Information and Analysis under part B of the Federal Energy Ad- ministration Act of 1974 [15 U.S.C. 790 et seq.], and the provisions of sections 53(d) and 59 there- of [15 U.S.C. 790b(d), 790h] shall be applicable to the Administrator in the performance of any function under this chapter. (d) Collection or analysis of information and preparation of reports without approval The Administrator shall not be required to ob- tain the approval of any other officer or em- ployee of the Department in connection with the collection or analysis of any information; nor shall the Administrator be required, prior to publication, to obtain the approval of any other officer or employee of the United States with re- spect to the substance of any statistical or fore- casting technical reports which he has prepared in accordance with law. (e) Annual audit The Energy Information Administration shall be subject to an annual professional audit re- view of performance as described in section 55 1 of part B of the Federal Energy Administration Act of 1974. (f) Furnishing information or analysis to any other administration, commission, or office within Department The Administrator shall, upon request, promptly provide any information or analysis in his possession pursuant to this section to any other administration, commission, or office within the Department which such administra- tion, commission, or office determines relates to the functions of such administration, commis- sion, or office. (g) Availability of information to public Information collected by the Energy Informa- tion Administration shall be cataloged and, upon request, any such information shall be promptly made available to the public in a form and manner easily adaptable for public use, ex- cept that this subsection shall not require dis- closure of matters exempted from mandatory disclosure by section 552(b) of title 5. The provi- sions of section 796(d) of title 15, and section 5916 of this title, shall continue to apply to any in- formation obtained by the Administrator under such provisions. (h) Identification and designation of ‘‘major en- ergy producing companies’’; format for finan- cial report; accounting practices; filing of fi- nancial report; annual report of Department; definitions; confidentiality (1)(A) In addition to the acquisition, collec- tion, analysis, and dissemination of energy in- formation pursuant to this section, the Adminis- trator shall identify and designate ‘‘major en- ergy-producing companies’’ which alone or with their affiliates are involved in one or more lines of commerce in the energy industry so that the energy information collected from such major energy-producing companies shall provide a sta- tistically accurate profile of each line of com- merce in the energy industry in the United States. (B) In fulfilling the requirements of this sub- section the Administrator shall— (i) utilize, to the maximum extent prac- ticable, consistent with the faithful execution of his responsibilities under this chapter, reli- able statistical sampling techniques; and (ii) otherwise give priority to the minimiza- tion of the reporting of energy information by small business.