16 U.S.C. § 825k — Publication and sale of reports

Page 1442 TITLE 16—CONSERVATION § 825i prescribe. Orders of the Commission shall be ef- fective on the date and in the manner which the Commission shall prescribe. For the purposes of its rules and regulations, the Commission may classify persons and matters within its jurisdic- tion and prescribe different requirements for dif- ferent classes of persons or matters. All rules and regulations of the Commission shall be filed with its secretary and shall be kept open in con- venient form for public inspection and examina- tion during reasonable business hours. (June 10, 1920, ch. 285, pt. III, § 309, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 858.) Statutory Notes and Related Subsidiaries COMMISSION REVIEW Pub. L. 99–495, § 4(c), Oct. 16, 1986, 100 Stat. 1248, pro- vided that: ‘‘In order to ensure that the provisions of Part I of the Federal Power Act [16 U.S.C. 791a et seq.], as amended by this Act, are fully, fairly, and efficiently implemented, that other governmental agencies identi- fied in such Part I are able to carry out their respon- sibilities, and that the increased workload of the Fed- eral Energy Regulatory Commission and other agencies is facilitated, the Commission shall, consistent with the provisions of section 309 of the Federal Power Act [16 U.S.C. 825h], review all provisions of that Act [16 U.S.C. 791a et seq.] requiring an action within a 30-day period and, as the Commission deems appropriate, amend its regulations to interpret such period as mean- ing ‘working days’, rather than ‘calendar days’ unless calendar days is specified in such Act for such action.’’ § 825i. Appointment of officers and employees; compensation The Commission is authorized to appoint and fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for carrying out its functions under this chapter; and the Commission may, subject to civil-serv- ice laws, appoint such other officers and employ- ees as are necessary for carrying out such func- tions and fix their salaries in accordance with chapter 51 and subchapter III of chapter 53 of title 5. (June 10, 1920, ch. 285, pt. III, § 310, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 859; amend- ed Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes CODIFICATION Provisions that authorized the Commission to ap- point and fix the compensation of such officers, attor- neys, examiners, and experts as may be necessary for carrying out its functions under this chapter ‘‘without regard to the provisions of other laws applicable to the employment and compensation of officers and employ- ees of the United States’’ have been omitted as obsolete and superseded. Such appointments are subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5, Government Orga- nization and Employees. As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5. Section 5102 of Title 5 contains the applicability provi- sions of the 1949 Act, and section 5103 of Title 5 author- izes the Office of Personnel Management to determine the applicability to specific positions and employees. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in text for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5. AMENDMENTS 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 825j. Investigations relating to electric energy; reports to Congress In order to secure information necessary or appropriate as a basis for recommending legisla- tion, the Commission is authorized and directed to conduct investigations regarding the genera- tion, transmission, distribution, and sale of elec- tric energy, however produced, throughout the United States and its possessions, whether or not otherwise subject to the jurisdiction of the Commission, including the generation, trans- mission, distribution, and sale of electric energy by any agency, authority, or instrumentality of the United States, or of any State or munici- pality or other political subdivision of a State. It shall, so far as practicable, secure and keep current information regarding the ownership, operation, management, and control of all fa- cilities for such generation, transmission, dis- tribution, and sale; the capacity and output thereof and the relationship between the two; the cost of generation, transmission, and dis- tribution; the rates, charges, and contracts in respect of the sale of electric energy and its service to residential, rural, commercial, and in- dustrial consumers and other purchasers by pri- vate and public agencies; and the relation of any or all such facts to the development of naviga- tion, industry, commerce, and the national de- fense. The Commission shall report to Congress the results of investigations made under author- ity of this section. (June 10, 1920, ch. 285, pt. III, § 311, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 859.) § 825k. Publication and sale of reports The Commission may provide for the publica- tion of its reports and decisions in such form and manner as may be best adapted for public information and use, and is authorized to sell at reasonable prices copies of all maps, atlases, and reports as it may from time to time publish. Such reasonable prices may include the cost of compilation, composition, and reproduction. The Commission is also authorized to make such charges as it deems reasonable for special statis- tical services and other special or periodic serv- Page 1443 TITLE 16—CONSERVATION § 825l ices. The amounts collected under this section shall be deposited in the Treasury to the credit of miscellaneous receipts. All printing for the Federal Power Commission making use of en- graving, lithography, and photolithography, to- gether with the plates for the same, shall be contracted for and performed under the direc- tion of the Commission, under such limitations and conditions as the Joint Committee on Print- ing may from time to time prescribe, and all other printing for the Commission shall be done by the Director of the Government Publishing Office under such limitations and conditions as the Joint Committee on Printing may from time to time prescribe. The entire work may be done at, or ordered through, the Government Pub- lishing Office whenever, in the judgment of the Joint Committee on Printing, the same would be to the interest of the Government: Provided, That when the exigencies of the public service so require, the Joint Committee on Printing may authorize the Commission to make imme- diate contracts for engraving, lithographing, and photolithographing, without advertisement for proposals: Provided further, That nothing contained in this chapter or any other Act shall prevent the Federal Power Commission from placing orders with other departments or estab- lishments for engraving, lithographing, and photolithographing, in accordance with the pro- visions of sections 1535 and 1536 of title 31, pro- viding for interdepartmental work. (June 10, 1920, ch. 285, pt. III, § 312, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 859; amend- ed Pub. L. 113–235, div. H, title I, § 1301(b), (d), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes CODIFICATION ‘‘Sections 1535 and 1536 of title 31’’ substituted in text for ‘‘sections 601 and 602 of the Act of June 30, 1932 (47 Stat. 417 [31 U.S.C. 686, 686b])’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Docu- ments. ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note pre- ceding section 301 of Title 44, Public Printing and Docu- ments. § 825l. Review of orders (a) Application for rehearing; time periods; modi- fication of order Any person, electric utility, State, munici- pality, or State commission aggrieved by an order issued by the Commission in a proceeding under this chapter to which such person, electric utility, State, municipality, or State commis- sion is a party may apply for a rehearing within thirty days after the issuance of such order. The application for rehearing shall set forth specifi- cally the ground or grounds upon which such ap- plication is based. Upon such application the Commission shall have power to grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the Commission acts upon the application for rehearing within thirty days after it is filed, such application may be deemed to have been denied. No pro- ceeding to review any order of the Commission shall be brought by any entity unless such enti- ty shall have made application to the Commis- sion for a rehearing thereon. Until the record in a proceeding shall have been filed in a court of appeals, as provided in subsection (b), the Com- mission may at any time, upon reasonable no- tice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it under the provisions of this chapter. (b) Judicial review Any party to a proceeding under this chapter aggrieved by an order issued by the Commission in such proceeding may obtain a review of such order in the United States court of appeals for any circuit wherein the licensee or public utility to which the order relates is located or has its principal place of business, or in the United States Court of Appeals for the District of Co- lumbia, by filing in such court, within sixty days after the order of the Commission upon the application for rehearing, a written petition praying that the order of the Commission be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to any member of the Commission and thereupon the Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have jurisdiction, which upon the filing of the record with it shall be exclusive, to affirm, modify, or set aside such order in whole or in part. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission in the application for rehearing unless there is reasonable ground for failure so to do. The finding of the Commis- sion as to the facts, if supported by substantial evidence, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is mate- rial and that there were reasonable grounds for failure to adduce such evidence in the pro- ceedings before the Commission, the court may order such additional evidence to be taken be- fore the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts by reason of the additional evidence so taken, and it shall file with the court such modified or new findings which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court, affirming, modifying, or setting aside, in whole or in part, any such order of the Commission, shall be final, subject to re- view by the Supreme Court of the United States