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42 U.S.C. § 16459 — Savings provisions
Federal law — U.S. Code and appendices · legal_authorities
Page 8904
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16458
1 See References in Text note below.
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which
enacted this part, amended sections 824 and 824m of
Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)
of Title 15, Commerce and Trade, and section 825q of
Title 16, and enacted provisions set out as notes under
sections 15801 and 16451 of this title. For complete clas-
sification of subtitle F to the Code, see Short Title note
set out under section 15801 of this title and Tables.
§ 16458. Enforcement
The Commission shall have the same powers
as set forth in sections 825e through 825p of title
16 to enforce the provisions of this part.
(Pub. L. 109–58, title XII, § 1270, Aug. 8, 2005, 119
Stat. 976.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which
enacted this part, amended sections 824 and 824m of
Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)
of Title 15, Commerce and Trade, and section 825q of
Title 16, and enacted provisions set out as notes under
sections 15801 and 16451 of this title. For complete clas-
sification of subtitle F to the Code, see Short Title note
set out under section 15801 of this title and Tables.
§ 16459. Savings provisions
(a) In general
Nothing in this part, or otherwise in the Pub-
lic Utility Holding Company Act of 1935, or
rules, regulations, or orders thereunder, pro-
hibits a person from engaging in or continuing
to engage in activities or transactions in which
it is legally engaged or authorized to engage on
August 8, 2005, if that person continues to com-
ply with the terms (other th
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Page 8904
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16458
1 See References in Text note below.
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which
enacted this part, amended sections 824 and 824m of
Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)
of Title 15, Commerce and Trade, and section 825q of
Title 16, and enacted provisions set out as notes under
sections 15801 and 16451 of this title. For complete clas-
sification of subtitle F to the Code, see Short Title note
set out under section 15801 of this title and Tables.
§ 16458. Enforcement
The Commission shall have the same powers
as set forth in sections 825e through 825p of title
16 to enforce the provisions of this part.
(Pub. L. 109–58, title XII, § 1270, Aug. 8, 2005, 119
Stat. 976.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which
enacted this part, amended sections 824 and 824m of
Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)
of Title 15, Commerce and Trade, and section 825q of
Title 16, and enacted provisions set out as notes under
sections 15801 and 16451 of this title. For complete clas-
sification of subtitle F to the Code, see Short Title note
set out under section 15801 of this title and Tables.
§ 16459. Savings provisions
(a) In general
Nothing in this part, or otherwise in the Pub-
lic Utility Holding Company Act of 1935, or
rules, regulations, or orders thereunder, pro-
hibits a person from engaging in or continuing
to engage in activities or transactions in which
it is legally engaged or authorized to engage on
August 8, 2005, if that person continues to com-
ply with the terms (other than an expiration
date or termination date) of any such authoriza-
tion, whether by rule or by order.
(b) Effect on other Commission authority
Nothing in this part limits the authority of
the Commission under the Federal Power Act (16
U.S.C. 791a et seq.) or the Natural Gas Act (15
U.S.C. 717 et seq.).
(c) Tax treatment
Tax treatment under section 1081 1 of title 26
as a result of transactions ordered in compliance
with the Public Utility Holding Company Act of
1935 (15 U.S.C. 79 et seq.) shall not be affected in
any manner due to the repeal of that Act and
the enactment of the Public Utility Holding
Company Act of 2005 [42 U.S.C. 16451 et seq.].
(Pub. L. 109–58, title XII, § 1271, Aug. 8, 2005, 119
Stat. 976.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, known
as the Public Utility Holding Company Act of 2005,
which enacted this part, amended sections 824 and 824m
of Title 16, Conservation, repealed chapter 2C (§ 79 et
seq.) of Title 15, Commerce and Trade, and section 825q
of Title 16, and enacted provisions set out as notes
under sections 15801 and 16451 of this title. For com-
plete classification of subtitle F to the Code, see Short
Title note set out under section 15801 of this title and
Tables.
The Public Utility Holding Company Act of 1935, re-
ferred to in subsecs. (a) and (c), 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.
The Federal Power Act, referred to in subsec. (b), is
act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi-
fied generally to chapter 12 (§ 791a et seq.) of Title 16,
Conservation. For complete classification of this Act to
the Code, see section 791a of Title 16 and Tables.
The Natural Gas Act, referred to in subsec. (b), is act
June 21, 1938, ch. 556, 52 Stat. 821, which is classified
generally to chapter 15B (§ 717 et seq.) of Title 15, Com-
merce and Trade. For complete classification of this
Act to the Code, see section 717w of Title 15 and Tables.
Section 1081 of title 26, referred to in subsec. (c), was
repealed by Pub. L. 109–135, title IV, § 402(a)(1), Dec. 21,
2005, 119 Stat. 2610.
The Public Utility Holding Company Act of 2005, re-
ferred to in subsec. (c), is subtitle F (§§ 1261–1277) of title
XII of Pub. L. 109–58. See note for this part above.
§ 16460. Implementation
Not later than 4 months after August 8, 2005,
the Commission shall—
(1) issue such regulations as may be nec-
essary or appropriate to implement this part
(other than section 16453 of this title, relating
to State access to books and records); and
(2) submit to Congress detailed recommenda-
tions on technical and conforming amend-
ments to Federal law necessary to carry out
this part and the amendments made by this
part.
(Pub. L. 109–58, title XII, § 1272, Aug. 8, 2005, 119
Stat. 977.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which
enacted this part, amended sections 824 and 824m of
Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)
of Title 15, Commerce and Trade, and section 825q of
Title 16, and enacted provisions set out as notes under
sections 15801 and 16451 of this title. For complete clas-
sification of subtitle F to the Code, see Short Title note
set out under section 15801 of this title and Tables.
§ 16461. Transfer of resources
All books and records that relate primarily to
the functions transferred to the Commission
under this part shall be transferred from the Se-
curities and Exchange Commission to the Com-
mission.
(Pub. L. 109–58, title XII, § 1273, Aug. 8, 2005, 119
Stat. 977.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title
XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which
enacted this part, amended sections 824 and 824m of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessity of regulation in public interest** As disclosed in reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session) and other reports made pursuant to the authority of Congress, it is declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest, and that Federal regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest.
**(b) Transactions to which provisions of chapter applicable** The provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas.
**(c) Intrastate transactions exempt from provisions of chapter; certification from State commission as conclusive evidence** The provisions of this chapter shall not apply to any person engaged in or legally authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such person from another person within or at the boundary of a State if all the natural gas so received is ultimately consumed within such State, or to any fa
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Federal law — U.S. Code and appendices · legal_authorities
Page 1186
TITLE 15—COMMERCE AND TRADE
§ 715l
§ 715l. Repealed. June 22, 1942, ch. 436, 56 Stat.
381
Section, acts Feb. 22, 1935, ch. 18, § 13, 49 Stat. 33; June
14, 1937, ch. 335, 50 Stat. 257; June 29, 1939, ch. 250, 53
Stat. 927, provided for expiration of this chapter on
June 30, 1942.
§ 715m. Cooperation between Secretary of the In-
terior and Federal and State authorities
The Secretary of the Interior, in carrying out
the Act of February 22, 1935, as amended (15
U.S.C., ch. 15A), is authorized to cooperate with
Federal and State authorities.
(June 25, 1946, ch. 472, § 3, 60 Stat. 307.)
Editorial Notes
REFERENCES IN TEXT
Act of February 22, 1935, referred to in text, is act
Feb. 22, 1935, ch. 18, 49 Stat. 30, popularly known as the
‘‘Hot Oil Act’’ and also as the ‘‘Connally Hot Oil Act’’,
which is classified generally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 715 of this title and Ta-
bles.
CODIFICATION
Section was not enacted as a part of act Feb. 22, 1935,
which comprises this chapter.
Executive Documents
DELEGATION OF FUNCTIONS
Delegation of President’s authority to Secretary of
the Interior, see note set out under section 715j of this
title.
CHAPTER 15B—NATURAL GAS
Sec.
717.
Regulation of natural gas companies.
717a.
Definitions.
717b.
Exportation or importation of natural gas;
LNG terminals.
717b–1.
State and local safety considerations.
717c.
Rates and charges.
717c–1.
Prohibition on market manipulation.
717d.
Fixing rates and charges; determination of
cost of production or transportation.
717e.
Ascertainment of cost of property.
717f.
Construction, extension, or abandonment of
facilities.
717g.
Accounts; records; memoranda.
717h.
Rates of
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Federal law — U.S. Code and appendices · legal_authorities
Page 503
TITLE 15—COMMERCE AND TRADE
§§ 79 to 79z–6
ing such terms, in par. (2) heading substituted ‘‘Com-
mission’’ for ‘‘Financial responsibility rules’’, and in
text substituted provisions defining such terms, in par.
(3) heading substituted ‘‘Customer’’ for ‘‘Examining au-
thority’’, and in text substituted provisions defining
such terms, and added pars. (4) to (15).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective 1 day after
July 21, 2010, except as otherwise provided, see section
4 of Pub. L. 111–203, set out as an Effective Date note
under section 5301 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment of section by Pub. L. 95–598 effective Oct.
1, 1979, see section 402(a) of Pub. L. 95–598, set out as an
Effective Date note preceding section 101 of Title 11,
Bankruptcy.
CHAPTER 2C—PUBLIC UTILITY HOLDING
COMPANIES
§§ 79 to 79z–6. Repealed. Pub. L. 109–58, title XII,
§ 1263, Aug. 8, 2005, 119 Stat. 974
Section 79, acts Aug. 26, 1935, ch. 687, title I, § 36, for-
merly § 33, 49 Stat. 838; renumbered § 35, Pub. L. 102–486,
title VII, § 711, Oct. 24, 1992, 106 Stat. 2905; renumbered
§ 36, Pub. L. 104–104, title I, § 103, Feb. 8, 1996, 110 Stat.
81, provided that this chapter could be cited as the
‘‘Public Utility Holding Company Act of 1935’’.
Section 79a, act Aug. 26, 1935, ch. 687, title I, § 1, 49
Stat. 803, related to necessity for control of holding
companies and set forth policy of chapter.
Section 79b, act Aug. 26, 1935, ch. 687, title I, § 2, 49
Stat. 804, defined terms.
Section 79c, act Aug. 26, 1935, ch. 687, title I, § 3, 49
Stat. 810, related to exemption of holding companies
from provisions of chapter.
Section 79d, act Aug. 26, 1935, ch.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Federal Power Act”.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1364
TITLE 16—CONSERVATION
§ 791
Sec.
Statutory Notes and Related Subsidiaries
FINDINGS
Pub. L. 113–23, § 2, Aug. 9, 2013, 127 Stat. 493, provided
that: ‘‘Congress finds that—
‘‘(1) the hydropower industry currently employs ap-
proximately 300,000 workers across the United States;
‘‘(2) hydropower is the largest source of clean, re-
newable electricity in the United States;
‘‘(3) as of the date of enactment of this Act [Aug. 9,
2013], hydropower resources, including pumped stor-
age facilities, provide—
‘‘(A) nearly 7 percent of the electricity generated
in the United States; and
‘‘(B) approximately 100,000 megawatts of electric
capacity in the United States;
‘‘(4) only 3 percent of the 80,000 dams in the United
States generate electricity, so there is substantial
potential for adding hydropower generation to non-
powered dams; and
‘‘(5) according to one study, by utilizing currently
untapped resources, the United States could add ap-
proximately 60,000 megawatts of new hydropower ca-
pacity by 2025, which could create 700,000 new jobs
over the next 13 years.’’
SUBCHAPTER I—REGULATION OF THE DE-
VELOPMENT OF WATER POWER AND RE-
SOURCES
Statutory Notes and Related Subsidiaries
CODIFICATION; CONSTRUCTION
Act Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847,
provided that sections 1 to 29 of the Federal Water
Power Act, as amended (sections 792, 793, 794 to 797, 798
to 818, 819, and 820 to 823 of this title) shall constitute
part I of the act. Said section 212 also repealed sections
25 and 30 of the act (sections 819, 791 of this title). It
also contained a proviso as follows: ‘‘That nothing in
that Act, as amended, shall be construed to repeal or
amend the provisions of the amendment to the Federal
Water Power Act approved March 3, 192
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Federal law — U.S. Code and appendices · legal_authorities
The Commission may approve a participant funding plan that allocates costs related to transmission upgrades or new generator interconnection, without regard to whether an applicant is a member of a Commission-approved Transmission Organization, if the plan results in rates that—
(1) are just and reasonable;
(2) are not unduly discriminatory or preferential; and
(3) are otherwise consistent with sections 824d and 824e of title 16.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8900
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16432
Federal utility participating in a Transmission
Organization shall confer on the Commission ju-
risdiction or authority over—
(1) the electric generation assets, electric ca-
pacity, or energy of the Federal utility that
the Federal utility is authorized by law to
market; or
(2) the power sales activities of the Federal
utility.
(e) Existing statutory and other obligations
(1) System operation requirements
No statutory provision requiring or author-
izing a Federal utility to transmit electric
power or to construct, operate, or maintain
the transmission system of the Federal utility
prohibits a transfer of control and use of the
transmission system pursuant to, and subject
to, the requirements of this section.
(2) Other obligations
This subsection does not—
(A) suspend, or exempt any Federal utility
from, any provision of Federal law in effect
on August 8, 2005, including any requirement
or direction relating to the use of the trans-
mission system of the Federal utility, envi-
ronmental protection, fish and wildlife pro-
tection, flood control, navigation, water de-
livery, or recreation; or
(B) authorize abrogation of any contract
or treaty obligation.
(Pub. L. 109–58, title XII, § 1232, Aug. 8, 2005, 119
Stat. 956.)
Editorial Notes
CODIFICATION
Section is comprised of section 1232 of Pub. L. 109–58.
Subsec. (e)(3) of section 1232 of Pub. L. 109–58 repealed
section 824n of Title 16, Conservation.
§ 16432. Study on the benefits of economic dis-
patch
(a) Study
The Secretary, in coordination and consulta-
tion with the States, shall conduct a study on—
(1) the procedures currently used by electric
utilities to perform economic dispatch;
(2) identifying possible revisions to those
pr
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Federal law — U.S. Code and appendices · legal_authorities
The Commission shall have the same powers as set forth in sections 825e through 825p of title 16 to enforce the provisions of this part.
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