16 U.S.C. § 825f — Investigations by Commission

Page 1440 TITLE 16—CONSERVATION § 825e 1 See References in Text note below. (B) The terms ‘‘holding company’’, ‘‘reg- istered holding company’’, and ‘‘holding com- pany system’’ have the same meaning as when used in the Public Utility Holding Company Act of 1935.1 (June 10, 1920, ch. 285, pt. III, § 305, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 856; amend- ed Pub. L. 95–617, title II, § 211(a), Nov. 9, 1978, 92 Stat. 3147; Pub. L. 106–102, title VII, § 737, Nov. 12, 1999, 113 Stat. 1479.) Editorial Notes REFERENCES IN TEXT The Public Utility Holding Company Act of 1935, re- ferred to in subsec. (c)(3)(B), is title I of act Aug. 26, 1935, ch. 687, 49 Stat. 803, which was classified generally to chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, prior to repeal by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1999—Subsec. (b). Pub. L. 106–102 inserted subsec. heading, designated existing provisions as par. (1), in- serted heading, and substituted ‘‘After 6’’ for ‘‘After six’’, and added par. (2). 1978—Subsec. (c). Pub. L. 95–617 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–617, title II, § 211(b), Nov. 9, 1978, 92 Stat. 3147, provided that: ‘‘No person shall be required to file a statement under section 305(c)(1) of the Federal Power Act [subsec. (c)(1) of this section] before April 30 of the second calendar year which begins after the date of the enactment of this Act [Nov. 9, 1978] and no public utility shall be required to publish a list under section 305(c)(2) of such Act [subsec. (c)(2) of this section] be- fore January 31 of such second calendar year.’’ § 825e. Complaints Any person, electric utility, State, munici- pality, or State commission complaining of any- thing done or omitted to be done by any li- censee, transmitting utility, or public utility in contravention of the provisions of this chapter may apply to the Commission by petition which shall briefly state the facts, whereupon a state- ment of the complaint thus made shall be for- warded by the Commission to such licensee, transmitting utility, or public utility, who shall be called upon to satisfy the complaint or to an- swer the same in writing within a reasonable time to be specified by the Commission. If such licensee, transmitting utility, or public utility shall not satisfy the complaint within the time specified or there shall appear to be any reason- able ground for investigating such complaint, it shall be the duty of the Commission to inves- tigate the matters complained of in such man- ner and by such means as it shall find proper. (June 10, 1920, ch. 285, pt. III, § 306, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 856; amend- ed Pub. L. 109–58, title XII, § 1284(a), Aug. 8, 2005, 119 Stat. 980.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted ‘‘electric utility,’’ after ‘‘Any person,’’ and ‘‘, transmitting utility,’’ after ‘‘li- censee’’ wherever appearing. § 825f. Investigations by Commission (a) Scope The Commission may investigate any facts, conditions, practices, or matters which it may find necessary or proper in order to determine whether any person, electric utility, transmit- ting utility, or other entity has violated or is about to violate any provision of this chapter or any rule, regulation, or order thereunder, or to aid in the enforcement of the provisions of this chapter or in prescribing rules or regulations thereunder, or in obtaining information to serve as a basis for recommending further legislation concerning the matters to which this chapter re- lates, or in obtaining information about the sale of electric energy at wholesale in interstate commerce and the transmission of electric en- ergy in interstate commerce. The Commission may permit any person, electric utility, trans- mitting utility, or other entity to file with it a statement in writing under oath or otherwise, as it shall determine, as to any or all facts and cir- cumstances concerning a matter which may be the subject of investigation. The Commission, in its discretion, may publish or make available to State commissions information concerning any such subject. (b) Attendance of witnesses and production of documents For the purpose of any investigation or any other proceeding under this chapter, any mem- ber of the Commission, or any officer designated by it, is empowered to administer oaths and af- firmations, subpena witnesses, compel their at- tendance, take evidence, and require the produc- tion of any books, papers, correspondence, memoranda, contracts, agreements, or other records which the Commission finds relevant or material to the inquiry. Such attendance of wit- nesses and the production of any such records may be required from any place in the United States at any designated place of hearing. Wit- nesses summoned by the Commission to appear before it shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (c) Resort to courts of United States for failure to obey subpena; punishment In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such in- vestigation or proceeding is carried on, or where such person resides or carries on business, in re- quiring the attendance and testimony of wit- nesses and the production of books, papers, cor- respondence, memoranda, contracts, agree- ments, and other records. Such court may issue an order requiring such person to appear before the Commission or member or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the Page 1441 TITLE 16—CONSERVATION § 825h matter under investigation or in question; and any failure to obey such order of the court may be punished by such court as a contempt there- of. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found or may be doing business. Any person who willfully shall fail or refuse to attend and testify or to an- swer any lawful inquiry or to produce books, pa- pers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpena of the Commission, shall be guilty of a mis- demeanor and, upon conviction, shall be subject to a fine of not more than $1,000 or to imprison- ment for a term of not more than one year, or both. (d) Testimony by deposition The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after the proceeding is at issue. The Commission may also order testi- mony to be taken by deposition in any pro- ceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any per- son authorized to administer oaths not being of counsel or attorney to either of the parties, nor interested in the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his at- torney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his depo- sition. Any person may be compelled to appear and depose, and to produce documentary evi- dence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be sub- scribed by the deponent. (e) Deposition of witness in a foreign country If a witness whose testimony may be desired to be taken by deposition be in a foreign coun- try, the deposition may be taken before an offi- cer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission. (f) Deposition fees Witnesses whose depositions are taken as au- thorized in this chapter, and the person or offi- cer taking the same, shall be entitled to the same fees as are paid for like services in the courts of the United States. (June 10, 1920, ch. 285, pt. III, § 307, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 856; amend- ed Pub. L. 91–452, title II, § 221, Oct. 15, 1970, 84 Stat. 929; Pub. L. 109–58, title XII, § 1284(b), Aug. 8, 2005, 119 Stat. 980.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58 inserted ‘‘, electric utility, transmitting utility, or other entity’’ after ‘‘person’’ in two places and inserted ‘‘, or in obtaining information about the sale of electric energy at whole- sale in interstate commerce and the transmission of electric energy in interstate commerce’’ before period at end of first sentence. 1970—Subsec. (g). Pub. L. 91–452 struck out subsec. (g) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on 60th day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before 60th day fol- lowing Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. § 825g. Hearings; rules of procedure (a) Hearings under this chapter may be held before the Commission, any member or members thereof or any representative of the Commission designated by it, and appropriate records thereof shall be kept. In any proceeding before it, the Commission, in accordance with such rules and regulations as it may prescribe, may admit as a party any interested State, State commission, municipality, or any representative of inter- ested consumers or security holders, or any competitor of a party to such proceeding, or any other person whose participation in the pro- ceeding may be in the public interest. (b) All hearings, investigations, and pro- ceedings under this chapter shall be governed by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testi- mony shall invalidate any order, decision, rule, or regulation issued under the authority of this chapter. (June 10, 1920, ch. 285, pt. III, § 308, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 858.) § 825h. Administrative powers of Commission; rules, regulations, and orders The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regu- lations as it may find necessary or appropriate to carry out the provisions of this chapter. Among other things, such rules and regulations may define accounting, technical, and trade terms used in this chapter; and may prescribe the form or forms of all statements, declara- tions, applications, and reports to be filed with the Commission, the information which they shall contain, and the time within which they shall be filed. Unless a different date is specified therein, rules and regulations of the Commis- sion shall be effective thirty days after publica- tion in the manner which the Commission shall