16 U.S.C. § 824a — Interconnection and coordination of fa-

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 Page 1401 TITLE 16—CONSERVATION § 824a the Commission determines that an emergency exists by reason of a sudden increase in the de- mand for electric energy, or a shortage of elec- tric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judg- ment will best meet the emergency and serve the public interest. If the parties affected by such order fail to agree upon the terms of any arrangement between them in carrying out such order, the Commission, after hearing held either before or after such order takes effect, may pre- scribe by supplemental order such terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any such party. (2) With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local envi- ronmental law or regulation, the Commission shall ensure that such order requires generation, delivery, interchange, or transmission of elec- tric energy only during hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable, is con- sistent with any applicable Federal, State, or local environmental law or regulation and mini- mizes any adverse environmental impacts. (3) To the extent any omission or action taken by a party, that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply with such order, results in noncompli- ance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environ- mental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (4)(A) An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation shall expire not later than 90 days after it is issued. The Commission may renew or reissue such order pursuant to para- graphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Commis- sion determines necessary to meet the emer- gency and serve the public interest. (B) In renewing or reissuing an order under subparagraph (A), the Commission shall consult with the primary Federal agency with expertise in the environmental interest protected by such law or regulation, and shall include in any such renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable. The conditions, if any, submitted by such Federal agency shall be made available to the public. The Commission may ex- clude such a condition from the renewed or re- issued order if it determines that such condition would prevent the order from adequately ad- dressing the emergency necessitating such order and provides in the order, or otherwise makes publicly available, an explanation of such deter- mination. (5) If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 825l of this title or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect, including any omission or action taken to voluntarily comply with the order, shall re- main subject to paragraph (3). (d) Temporary connection during emergency by persons without jurisdiction of Commission During the continuance of any emergency re- quiring immediate action, any person or munici- pality engaged in the transmission or sale of electric energy and not otherwise subject to the jurisdiction of the Commission may make such temporary connections with any public utility subject to the jurisdiction of the Commission or may construct such temporary facilities for the transmission of electric energy in interstate commerce as may be necessary or appropriate to meet such emergency, and shall not become sub- ject to the jurisdiction of the Commission by reason of such temporary connection or tem- porary construction: Provided, That such tem- porary connection shall be discontinued or such temporary construction removed or otherwise disposed of upon the termination of such emer- gency: Provided further, That upon approval of the Commission permanent connections for emergency use only may be made hereunder. (e) Transmission of electric energy to foreign country After six months from August 26, 1935, no per- son shall transmit any electric energy from the United States to a foreign country without first having secured an order of the Commission au- thorizing it to do so. The Commission shall issue such order upon application unless, after oppor- tunity for hearing, it finds that the proposed transmission would impair the sufficiency of electric supply within the United States or would impede or tend to impede the coordina- tion in the public interest of facilities subject to the jurisdiction of the Commission. The Com- mission may by its order grant such application in whole or in part, with such modifications and upon such terms and conditions as the Commis- sion may find necessary or appropriate, and may from time to time, after opportunity for hearing and for good cause shown, make such supple- mental orders in the premises as it may find necessary or appropriate. (f) Transmission or sale at wholesale of electric energy; regulation The ownership or operation of facilities for the transmission or sale at wholesale of electric en- ergy which is (a) generated within a State and transmitted from the State across an inter- national boundary and not thereafter trans- mitted into any other State, or (b) generated in a foreign country and transmitted across an international boundary into a State and not thereafter transmitted into any other State, shall not make a person a public utility subject Page 1402 TITLE 16—CONSERVATION § 824a–1 to regulation as such under other provisions of this subchapter. The State within which any such facilities are located may regulate any such transaction insofar as such State regula- tion does not conflict with the exercise of the Commission’s powers under or relating to sub- section (e). (g) Continuance of service In order to insure continuity of service to cus- tomers of public utilities, the Commission shall require, by rule, each public utility to— (1) report promptly to the Commission and any appropriate State regulatory authorities any anticipated shortage of electric energy or capacity which would affect such utility’s ca- pability of serving its wholesale customers, (2) submit to the Commission, and to any ap- propriate State regulatory authority, and pe- riodically revise, contingency plans respect- ing— (A) shortages of electric energy or capac- ity, and (B) circumstances which may result in such shortages, and (3) accommodate any such shortages or cir- cumstances in a manner which shall— (A) give due consideration to the public health, safety, and welfare, and (B) provide that all persons served directly or indirectly by such public utility will be treated, without undue prejudice or dis- advantage. (June 10, 1920, ch. 285, pt. II, § 202, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 848; amend- ed Aug. 7, 1953, ch. 343, 67 Stat. 461; Pub. L. 95–617, title II, § 206(a), Nov. 9, 1978, 92 Stat. 3141; Pub. L. 114–94, div. F, § 61002, Dec. 4, 2015, 129 Stat. 1772.) Editorial Notes AMENDMENTS 2015—Subsec. (c). Pub. L. 114–94, § 61002(a), designated existing provisions as par. (1) and added pars. (2) to (5). Subsec. (d). Pub. L. 114–94, § 61002(b), inserted ‘‘or mu- nicipality’’ before ‘‘engaged in the transmission or sale of electric energy’’. 1978—Subsec. (g). Pub. L. 95–617 added subsec. (g). 1953—Subsec. (f). Act Aug. 7, 1953, added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–617, title II, § 206(b), Nov. 9, 1978, 92 Stat. 3142, provided that: ‘‘The amendment made by sub- section (a) [adding subsec. (g) of this section] shall not affect any proceeding of the Commission [Federal En- ergy Regulatory Commission] pending on the date of the enactment of this Act [Nov. 9, 1978] or any case pending on such date respecting a proceeding of the Commission.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President respecting certain facilities constructed and maintained on United States borders delegated to Secretary of State, see Ex. Ord. No. 11423, Aug. 16, 1968. 33 F.R. 11741, set out as a note under sec- tion 301 of Title 3, The President. PERFORMANCE OF FUNCTIONS RESPECTING ELECTRIC POWER AND NATURAL GAS FACILITIES LOCATED ON UNITED STATES BORDERS For provisions relating to performance of functions by Secretary of Energy respecting electric power and natural gas facilities located on United States borders, see Ex. Ord. No. 10485, Sept. 8, 1953, 18 F.R. 5397, as amended by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under section 717b of Title 15, Com- merce and Trade. § 824a–1. Pooling (a) State laws The Commission may, on its own motion, and shall, on application of any person or govern- mental entity, after public notice and notice to the Governor of the affected State and after af- fording an opportunity for public hearing, ex- empt electric utilities, in whole or in part, from any provision of State law, or from any State rule or regulation, which prohibits or prevents the voluntary coordination of electric utilities, including any agreement for central dispatch, if the Commission determines that such voluntary coordination is designed to obtain economical utilization of facilities and resources in any area. No such exemption may be granted if the Commission finds that such provision of State law, or rule or regulation— (1) is required by any authority of Federal law, or (2) is designed to protect public health, safe- ty, or welfare, or the environment or conserve energy or is designed to mitigate the effects of emergencies resulting from fuel shortages. (b) Pooling study (1) The Commission, in consultation with the reliability councils established under section 202(a) of the Federal Power Act [16 U.S.C. 824a], the Secretary, and the electric utility industry shall study the opportunities for— (A) conservation of energy, (B) optimization in the efficiency of use of facilities and resources, and (C) increased reliability, through pooling arrangements. Not later than 18 months after November 9, 1978, the Commission shall submit a report containing the results of such study to the President and the Congress. (2) The Commission may recommend to elec- tric utilities that such utilities should volun- tarily enter into negotiations where the oppor- tunities referred to in paragraph (1) exist. The Commission shall report annually to the Presi- dent and the Congress regarding any such rec- ommendations and subsequent actions taken by electric utilities, by the Commission, and by the Secretary under this Act, the Federal Power Act [16 U.S.C. 791a et seq.], and any other provision of law. Such annual reports shall be included in the Commission’s annual report required under the Department of Energy Organization Act [42 U.S.C. 7101 et seq.]. (Pub. L. 95–617, title II, § 205, Nov. 9, 1978, 92 Stat. 3140.)