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-CITE-
16 USC Sec. 824j 01/26/98-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER II - REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
INTERSTATE COMMERCE-HEAD-
Sec. 824j. Wheeling authority-STATUTE-
(a) Transmission service by any electric utility; notice, hearing
and findings by Commission
Any electric utility, Federal power marketing agency, or any
other person generating electric energy for sale for resale, may
apply to the Commission for an order under this subsection
requiring a transmitting utility to provide transmission services
(including any enlargement of transmission capacity necessary to
provide such services) to the applicant. Upon receipt of such
application, after public notice and notice to each affected State
regulatory authority, each affected electric utility, and each
affected Federal power marketing agency, and after affording an
opportunity for an evidentiary hearing, the Commission may issue
such order if it finds that such order meets the requirements of
section 824k of this title, and would otherwise be in the public
interest. No order may be issued under this subsection unless the
applicant has made a request for transmission services to the
transmitting utility that would be the subject of such order at
least 60 days prior to its filing of an application for such order.
(b) Reliability of electric service
No order may be issued under this section or section 824i of this
title if, after giving consideration to consistently applied
regional or national reliability standards, guidelines, or
criteria, the Commission finds that such order would unreasonably
impair the continued reliability of electric systems affected by
the order.
(c) Replacement of electric energy
(1) Repealed. Pub. L. 102-486, title VII, Sec. 721(4)(A), Oct.
24, 1992, 106 Stat. 2915.
(2) No order may be issued under subsection (a) or (b) of this
section which requires the transmitting utility subject to the
order to transmit, during any period, an amount of electric energy
which replaces any amount of electric energy -
(A) required to be provided to such applicant pursuant to a
contract during such period, or
(B) currently provided to the applicant by the utility subject
to the order pursuant to a rate schedule on file during such
period with the Commission: Provided, That nothing in this
subparagraph shall prevent an application for an order hereunder
to be filed prior to termination of (FOOTNOTE 1) modification of
an existing rate schedule: Provided, That such order shall not
become effective until termination of such rate schedule or the
modification becomes effective.
(FOOTNOTE 1) So in original. Probably should be ''or''.
(d) Termination or modification of order; notice, hearing and
findings of Commission; contents of order; inclusion in order
of terms and conditions agreed upon by parties
(1) Any transmitting utility ordered under subsection (a) or (b)
of this section to provide transmission services may apply to the
Commission for an order permitting such transmitting utility to
cease providing all, or any portion of, such services. After
public notice, notice to each affected State regulatory authority,
each affected Federal power marketing agency, each affected
transmitting utility, and each affected electric utility, and after
an opportunity for an evidentiary hearing, the Commission shall
issue an order terminating or modifying the order issued under
subsection (a) or (b) of this section, if the electric utility
providing such transmission services has demonstrated, and the
Commission has found, that -
(A) due to changed circumstances, the requirements applicable,
under this section and section 824k of this title, to the
issuance of an order under subsection (a) or (b) of this section
are no longer met, or (FOOTNOTE 2)
(FOOTNOTE 2) So in original. The word ''or'' probably should
not appear.
(B) any transmission capacity of the utility providing
transmission services under such order which was, at the time
such order was issued, in excess of the capacity necessary to
serve its own customers is no longer in excess of the capacity
necessary for such purposes, or
(C) the ordered transmission services require enlargement of
transmission capacity and the transmitting utility subject to the
order has failed, after making a good faith effort, to obtain the
necessary approvals or property rights under applicable Federal,
State, and local laws.
No order shall be issued under this subsection pursuant to a
finding under subparagraph (A) unless the Commission finds that
such order is in the public interest.
(2) Any order issued under this subsection terminating or
modifying an order issued under subsection (a) or (b) of this
section shall -
(A) provide for any appropriate compensation, and
(B) provide the affected electric utilities adequate
opportunity and time to -
(i) make suitable alternative arrangements for any
transmission services terminated or modified, and
(ii) insure that the interests of ratepayers of such
utilities are adequately protected.
(3) No order may be issued under this subsection terminating or
modifying any order issued under subsection (a) or (b) of this
section if the order under subsection (a) or (b) of this section
includes terms and conditions agreed upon by the parties which -
(A) fix a period during which transmission services are to be
provided under the order under subsection (a) or (b) of this
section, or
(B) otherwise provide procedures or methods for terminating or
modifying such order (including, if appropriate, the return of
the transmission capacity when necessary to take into account an
increase, after the issuance of such order, in the needs of the
transmitting utility subject to such order for transmission
capacity).
(e) ''Facilities'' defined
As used in this section, the term ''facilities'' means only
facilities used for the generation or transmission of electric
energy.-SOURCE-
(June 10, 1920, ch. 285, pt. II, Sec. 211, as added Pub. L.
95-617, title II, Sec. 203, Nov. 9, 1978, 92 Stat. 3136; amended
June 30, 1980, Pub. L. 96-294, title VI, Sec. 643(a)(3), 94 Stat.
770; Oct. 16, 1986, Pub. L. 99-495, Sec. 15, 100 Stat. 1257; Oct.
24, 1992, Pub. L. 102-486, title VII, Sec. 721, 106 Stat. 2915.)-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-486, Sec. 721(1), amended first
sentence generally. Prior to amendment, first sentence read as
follows: ''Any electric utility, geothermal power producer
(including a producer which is not an electric utility), or Federal
power marketing agency may apply to the Commission for an order
under this subsection requiring any other electric utility to
provide transmission services to the applicant (including any
enlargement of transmission capacity necessary to provide such
services).''
Pub. L. 102-486, Sec. 721(2), in second sentence, substituted
''the Commission may issue such order if it finds that such order
meets the requirements of section 824k of this title, and would
otherwise be in the public interest. No order may be issued under
this subsection unless the applicant has made a request for
transmission services to the transmitting utility that would be the
subject of such order at least 60 days prior to its filing of an
application for such order.'' for ''the Commission may issue such
order if it finds that such order -
''(1) is in the public interest,
''(2) would -
''(A) conserve a significant amount of energy,
''(B) significantly promote the efficient use of facilities
and resources, or
''(C) improve the reliability of any electric utility system
to which the order applies, and
''(3) meets the requirements of section 824k of this title.''
Subsec. (b). Pub. L. 102-486, Sec. 721(3), amended subsec. (b)
generally, substituting provisions relating to reliability of
electric service for provisions which related to transmission
service by sellers of electric energy for resale and notice,
hearing, and determinations by Commission.
Subsec. (c). Pub. L. 102-486, Sec. 721(4), struck out pars. (1),
(3), and (4), and substituted ''which requires the transmitting''
for ''which requires the electric'' in introductory provisions of
par. (2). Prior to amendment, pars. (1), (3), and (4) read as
follows:
''(1) No order may be issued under subsection (a) of this section
unless the Commission determines that such order would reasonably
preserve existing competitive relationships.
''(3) No order may be issued under the authority of subsection
(a) or (b) of this section which is inconsistent with any State law
which governs the retail marketing areas of electric utilities.
''(4) No order may be issued under subsection (a) or (b) of this
section which provides for the transmission of electric energy
directly to an ultimate consumer.''
Subsec. (d). Pub. L. 102-486, Sec. 721(5), in first sentence
substituted ''transmitting'' for ''electric'' before ''utility'' in
two places, in second sentence inserted ''each affected
transmitting utility,'' before ''and each affected electric
utility'', in par. (1) substituted '', or'' for period at end of
subpar. (B) and added subpar. (C), and in par. (3)(B) substituted
''transmitting'' for ''electric'' before ''utility''.
1986 - Subsec. (c)(2)(B). Pub. L. 99-495 inserted provisions that
nothing in this subparagraph shall prevent an application for an
order hereunder to be filed prior to termination or modification of
an existing rate schedule, provided that such order shall not
become effective until termination of such rate schedule or the
modification becomes effective.
1980 - Subsec. (a). Pub. L. 96-294 added applicability to
geothermal power producers.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-495 effective with respect to each
license, permit, or exemption issued under this chapter after Oct.
16, 1986, see section 18 of Pub. L. 99-495, set out as a note under
section 797 of this title.
STATE AUTHORITIES; CONSTRUCTION
Nothing in amendment by Pub. L. 102-486 to be construed as
affecting or intending to affect, or in any way to interfere with,
authority of any State or local government relating to
environmental protection or siting of facilities, see section 731
of Pub. L. 102-486, set out as a note under section 79 of Title 15,
Commerce and Trade.-TRANS-
TRANSFER OF FUNCTIONS
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary
of Energy (except for certain functions which were transferred to
the Federal Energy Regulatory Commission) by sections 7151(b),
7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and
Welfare.-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 824, 824a-3, 824k, 825n,
825o, 825o-1 of this title; title 26 section 142.