What US Federal Power Act (16 USC ch 12): FERC Licensing of Hydropower and Regulation of Wholesale Electricity in Interstate Commerce requires
The Federal Power Act (16 U.S.C. ch. 12) is the foundational federal statute governing the licensing of non-federal hydroelectric projects and the regulation of the transmission and wholesale sale of electric energy in interstate commerce, administered by the Federal Energy Regulatory Commission (FERC). Section 796 supplies the definitions, including electric utility, transmitting utility, and Regional Transmission Organization. Subchapter I governs water power: section 797(e) authorizes the Commission to issue licenses for the construction and operation of dams, conduits and related project works, requiring that equal consideration be given to energy conservation and to the protection, mitigation and enhancement of fish and wildlife; section 802(a) sets the contents of a licence application, including maps, plans, specifications, cost estimates and evidence of compliance with state law; and section 803(a)(1) requires that a licensed project be best adapted to a comprehensive plan for the waterway, including fish and wildlife protection and other beneficial public uses such as irrigation, flood control, water supply and recreation. Subchapter II governs interstate electricity: section 824(a) declares federal regulation of the transmission and wholesale sale of electric energy in interstate commerce; section 824d requires that rates and charges be just and reasonable and that schedules be filed with the Commission; and section 824e empowers the Commission to fix just and reasonable rates and to order refunds where existing rates are found unlawful. Enforcement runs through Subchapter III: section 825o provides criminal penalties for willful violations and section 825o-1 provides civil penalty authority. The Act is the legal basis on which FERC licenses hydropower and polices the rates and reliability of the interstate bulk electricity market.
Pillar: Energy & Utilities · Authority: US Congress / Federal Energy Regulatory Commission (FERC) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title16/html/USCODE-2022-title16-chap12.htm
SHA-256 integrity: 46bf9eca46f6021a05305f00f9df4a6205f0ce1d106833a85bf049675fc15827
Primary Citations — 8 traced to source
- Federal Power Act, 16 U.S.C. 796 - definitions (electric utility, transmitting utility, Regional Transmission Organization).
- Federal Power Act, 16 U.S.C. 797(e) - Commission authority to license hydroelectric projects with equal consideration of energy conservation and fish and wildlife.
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