16 U.S.C. § 824 — Declaration of policy; application of sub-

Page 1398 TITLE 16—CONSERVATION § 823g (g) Qualifying criteria for closed-loop pumped storage projects (1) In general The Commission shall establish criteria that a pumped storage project shall meet in order to qualify as a closed-loop pumped storage project eligible for the expedited process es- tablished under this section. (2) Inclusions In establishing the criteria under paragraph (1), the Commission shall include criteria re- quiring that the pumped storage project— (A) cause little to no change to existing surface and ground water flows and uses; and (B) is unlikely to adversely affect species listed as a threatened species or endangered species under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.]. (h) Savings clause Nothing in this section affects any authority of the Commission to license a closed-loop pumped storage project under this subchapter. (June 10, 1920, ch. 285, pt. I, § 35, as added Pub. L. 115–270, title III, § 3004, Oct. 23, 2018, 132 Stat. 3865.) Editorial Notes REFERENCES IN TEXT The Fish and Wildlife Coordination Act, referred to in subsec. (c)(2), (3)(A), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (e), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Endangered Species Act of 1973, referred to in subsec. (g)(2)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. § 823g. Considerations for relicensing terms (a) In general In determining the term of a new license issued when an existing license under this sub- chapter expires, the Commission shall take into consideration, among other things— (1) project-related investments by the li- censee under the new license; and (2) project-related investments by the li- censee over the term of the existing license. (b) Equal weight The determination of the Commission under subsection (a) shall give equal weight to— (1) investments by the licensee to implement the new license under this subchapter, includ- ing investments relating to redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation or replacement of major equipment, safety improvements, or environmental, recreation, or other protec- tion, mitigation, or enhancement measures re- quired or authorized by the new license; and (2) investments by the licensee over the term of the existing license (including any terms under annual licenses) that— (A) resulted in redevelopment, new con- struction, new capacity, efficiency, mod- ernization, rehabilitation or replacement of major equipment, safety improvements, or environmental, recreation, or other protec- tion, mitigation, or enhancement measures conducted over the term of the existing li- cense; and (B) were not expressly considered by the Commission as contributing to the length of the existing license term in any order estab- lishing or extending the existing license term. (c) Commission determination At the request of the licensee, the Commission shall make a determination as to whether any planned, ongoing, or completed investment meets the criteria under subsection (b)(2). Any determination under this subsection shall be issued within 60 days following receipt of the li- censee’s request. When issuing its determination under this subsection, the Commission shall not assess the incremental number of years that the investment may add to the new license term. All such assessment shall occur only as provided in subsection (a). (June 10, 1920, ch. 285, pt. I, § 36, as added Pub. L. 115–270, title III, § 3005, Oct. 23, 2018, 132 Stat. 3867.) SUBCHAPTER II—REGULATION OF ELEC- TRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE § 824. Declaration of policy; application of sub- chapter (a) Federal regulation of transmission and sale of electric energy It is declared that the business of transmitting and selling electric energy for ultimate distribu- tion to the public is affected with a public inter- est, and that Federal regulation of matters re- lating to generation to the extent provided in this subchapter and subchapter III of this chap- ter and of that part of such business which con- sists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is nec- essary in the public interest, such Federal regu- lation, however, to extend only to those matters which are not subject to regulation by the States. (b) Use or sale of electric energy in interstate commerce (1) The provisions of this subchapter shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but except as provided in paragraph (2) shall not apply to any other sale of electric energy or de- prive a State or State commission of its lawful authority now exercised over the exportation of hydroelectric energy which is transmitted Page 1399 TITLE 16—CONSERVATION § 824 1 So in original. Section 824e of this title does not contain a subsec. (f). across a State line. The Commission shall have jurisdiction over all facilities for such trans- mission or sale of electric energy, but shall not have jurisdiction, except as specifically provided in this subchapter and subchapter III of this chapter, over facilities used for the generation of electric energy or over facilities used in local distribution or only for the transmission of elec- tric energy in intrastate commerce, or over fa- cilities for the transmission of electric energy consumed wholly by the transmitter. (2) Notwithstanding subsection (f), the provi- sions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this title shall apply to the entities described in such provisions, and such entities shall be subject to the jurisdiction of the Commission for purposes of carrying out such provisions and for purposes of applying the enforcement authorities of this chapter with re- spect to such provisions. Compliance with any order or rule of the Commission under the provi- sions of section 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title, shall not make an electric utility or other entity subject to the ju- risdiction of the Commission for any purposes other than the purposes specified in the pre- ceding sentence. (c) Electric energy in interstate commerce For the purpose of this subchapter, electric energy shall be held to be transmitted in inter- state commerce if transmitted from a State and consumed at any point outside thereof; but only insofar as such transmission takes place within the United States. (d) ‘‘Sale of electric energy at wholesale’’ defined The term ‘‘sale of electric energy at whole- sale’’ when used in this subchapter, means a sale of electric energy to any person for resale. (e) ‘‘Public utility’’ defined The term ‘‘public utility’’ when used in this subchapter and subchapter III of this chapter means any person who owns or operates facili- ties subject to the jurisdiction of the Commis- sion under this subchapter (other than facilities subject to such jurisdiction solely by reason of section 824e(e), 824e(f),1 824i, 824j, 824j–1, 824k, 824o, 824o–1, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title). (f) United States, State, political subdivision of a State, or agency or instrumentality thereof exempt No provision in this subchapter shall apply to, or be deemed to include, the United States, a State or any political subdivision of a State, an electric cooperative that receives financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that sells less than 4,000,000 megawatt hours of electricity per year, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned, directly or indirectly, by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing act- ing as such in the course of his official duty, un- less such provision makes specific reference thereto. (g) Books and records (1) Upon written order of a State commission, a State commission may examine the books, ac- counts, memoranda, contracts, and records of— (A) an electric utility company subject to its regulatory authority under State law, (B) any exempt wholesale generator selling energy at wholesale to such electric utility, and (C) any electric utility company, or holding company thereof, which is an associate com- pany or affiliate of an exempt wholesale gener- ator which sells electric energy to an electric utility company referred to in subparagraph (A), wherever located, if such examination is re- quired for the effective discharge of the State commission’s regulatory responsibilities affect- ing the provision of electric service. (2) Where a State commission issues an order pursuant to paragraph (1), the State commission shall not publicly disclose trade secrets or sen- sitive commercial information. (3) Any United States district court located in the State in which the State commission re- ferred to in paragraph (1) is located shall have jurisdiction to enforce compliance with this sub- section. (4) Nothing in this section shall— (A) preempt applicable State law concerning the provision of records and other informa- tion; or (B) in any way limit rights to obtain records and other information under Federal law, con- tracts, or otherwise. (5) As used in this subsection the terms ‘‘affil- iate’’, ‘‘associate company’’, ‘‘electric utility company’’, ‘‘holding company’’, ‘‘subsidiary company’’, and ‘‘exempt wholesale generator’’ shall have the same meaning as when used in the Public Utility Holding Company Act of 2005 [42 U.S.C. 16451 et seq.]. (June 10, 1920, ch. 285, pt. II, § 201, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 847; amend- ed Pub. L. 95–617, title II, § 204(b), Nov. 9, 1978, 92 Stat. 3140; Pub. L. 102–486, title VII, § 714, Oct. 24, 1992, 106 Stat. 2911; Pub. L. 109–58, title XII, §§ 1277(b)(1), 1291(c), 1295(a), Aug. 8, 2005, 119 Stat. 978, 985; Pub. L. 114–94, div. F, § 61003(b), Dec. 4, 2015, 129 Stat. 1778.) Editorial Notes REFERENCES IN TEXT The Rural Electrification Act of 1936, referred to in subsec. (f), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 and Ta- bles. The Public Utility Holding Company Act of 2005, re- ferred to in subsec. (g)(5), is subtitle F of title XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which is classi- fied principally to part D (§ 16451 et seq.) of subchapter XII of chapter 149 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of Title 42 and Tables. Page 1400 TITLE 16—CONSERVATION § 824a AMENDMENTS 2015—Subsec. (b)(2). Pub. L. 114–94, § 61003(b)(1), in- serted ‘‘824o–1,’’ after ‘‘824o,’’ in two places. Subsec. (e). Pub. L. 114–94, § 61003(b)(2), inserted ‘‘824o–1,’’ after ‘‘824o,’’. 2005—Subsec. (b)(2). Pub. L. 109–58, § 1295(a)(1), sub- stituted ‘‘Notwithstanding subsection (f), the provi- sions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, and 824v of this title’’ for ‘‘The provisions of sections 824i, 824j, and 824k of this title’’ and ‘‘Compliance with any order or rule of the Commission under the provisions of section 824b(a)(2), 824e(e), 824i, 824j, 824j–1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title’’ for ‘‘Compli- ance with any order of the Commission under the provi- sions of section 824i or 824j of this title’’. Subsec. (e). Pub. L. 109–58, § 1295(a)(2), substituted ‘‘section 824e(e), 824e(f), 824i, 824j, 824j–1, 824k, 824o, 824p, 824q, 824r, 824s, 824t, 824u, or 824v of this title’’ for ‘‘sec- tion 824i, 824j, or 824k of this title’’. Subsec. (f). Pub. L. 109–58, § 1291(c), which directed amendment of subsec. (f) by substituting ‘‘political subdivision of a State, an electric cooperative that re- ceives financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or that sells less than 4,000,000 megawatt hours of electricity per year,’’ for ‘‘political subdivision of a state,’’, was executed by making the substitution for ‘‘political subdivision of a State,’’ to reflect the probable intent of Congress. Subsec. (g)(5). Pub. L. 109–58, § 1277(b)(1), substituted ‘‘2005’’ for ‘‘1935’’. 1992—Subsec. (g). Pub. L. 102–486 added subsec. (g). 1978—Subsec. (b). Pub. L. 95–617, § 204(b)(1), designated existing provisions as par. (1), inserted ‘‘except as pro- vided in paragraph (2)’’ after ‘‘in interstate commerce, but’’, and added par. (2). Subsec. (e). Pub. L. 95–617, § 204(b)(2), inserted ‘‘(other than facilities subject to such jurisdiction solely by reason of section 824i, 824j, or 824k of this title)’’ after ‘‘under this subchapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by section 1277(b)(1) of Pub. L. 109–58 ef- fective 6 months after Aug. 8, 2005, with provisions re- lating to effect of compliance with certain regulations approved and made effective prior to such date, see sec- tion 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 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. PRIOR ACTIONS; EFFECT ON OTHER AUTHORITIES Pub. L. 95–617, title II, § 214, Nov. 9, 1978, 92 Stat. 3149, provided that: ‘‘(a) PRIOR ACTIONS.—No provision of this title [enact- ing sections 823a, 824i to 824k, 824a–1 to 824a–3 and 825q–1 of this title, amending sections 796, 824, 824a, 824d, and 825d of this title and enacting provisions set out as notes under sections 824a, 824d, and 825d of this title] or of any amendment made by this title shall apply to, or affect, any action taken by the Commis- sion [Federal Energy Regulatory Commission] before the date of the enactment of this Act [Nov. 9, 1978]. ‘‘(b) OTHER AUTHORITIES.—No provision of this title [enacting sections 823a, 824i to 824k, 824a–1 to 824a–3 and 825q–1 of this title, amending sections 796, 824, 824a, 824d, and 825d of this title and enacting provisions set out as notes under sections 824a, 824d, and 825d of this title] or of any amendment made by this title shall limit, impair or otherwise affect any authority of the Commission or any other agency or instrumentality of the United States under any other provision of law ex- cept as specifically provided in this title.’’ § 824a. Interconnection and coordination of fa- cilities; emergencies; transmission to foreign countries (a) Regional districts; establishment; notice to State commissions For the purpose of assuring an abundant sup- ply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and con- servation of natural resources, the Commission is empowered and directed to divide the country into regional districts for the voluntary inter- connection and coordination of facilities for the generation, transmission, and sale of electric en- ergy, and it may at any time thereafter, upon its own motion or upon application, make such modifications thereof as in its judgment will promote the public interest. Each such district shall embrace an area which, in the judgment of the Commission, can economically be served by such interconnection and coordinated electric facilities. It shall be the duty of the Commission to promote and encourage such interconnection and coordination within each such district and between such districts. Before establishing any such district and fixing or modifying the bound- aries thereof the Commission shall give notice to the State commission of each State situated wholly or in part within such district, and shall afford each such State commission reasonable opportunity to present its views and rec- ommendations, and shall receive and consider such views and recommendations. (b) Sale or exchange of energy; establishing physical connections Whenever the Commission, upon application of any State commission or of any person engaged in the transmission or sale of electric energy, and after notice to each State commission and public utility affected and after opportunity for hearing, finds such action necessary or appro- priate in the public interest it may by order di- rect a public utility (if the Commission finds that no undue burden will be placed upon such public utility thereby) to establish physical con- nection of its transmission facilities with the fa- cilities of one or more other persons engaged in the transmission or sale of electric energy, to sell energy to or exchange energy with such per- sons: Provided, That the Commission shall have no authority to compel the enlargement of gen- erating facilities for such purposes, nor to com- pel such public utility to sell or exchange en- ergy when to do so would impair its ability to render adequate service to its customers. The Commission may prescribe the terms and condi- tions of the arrangement to be made between the persons affected by any such order, includ- ing the apportionment of cost between them and the compensation or reimbursement reasonably due to any of them. (c) Temporary connection and exchange of facili- ties during emergency (1) During the continuance of any war in which the United States is engaged, or whenever