PRIA, Government Policy, Made Personal

Summary

The Commission may order utilities or power producers to be physically tied together or to fix or boost those ties. It can also order the sale or exchange of power or other coordination, or require more transmission capacity. These orders can be made when an electric utility, a Federal power marketing agency, a geothermal power producer (even if not a utility), a qualifying cogenerator, or a qualifying small power producer asks for one. A State regulator can also ask, but a State cannot get an order that forces a Federal power marketing agency to act. Before any order, the Commission must tell all affected parties and the public, hold a hearing with evidence, and decide the case. The Commission can also start such actions itself after notice and a hearing, but not against a Federal power marketing agency. To issue an order, the Commission must find it is in the public interest, that it will encourage energy or capital conservation, or will make use of facilities more efficient, or will improve system reliability, and that it meets the requirements of section 824k. "Facilities" means only generation or transmission equipment. "Facilities of such applicant" refers to the specific generation or transmission facilities named in the application or proposed order.

Title 16, §824i

Conservation, Source: USLM XML via OLRC

(a)Powers of Commission; application by State regulatory authority

(1)Upon application of any electric utility, Federal power marketing agency, geothermal power producer (including a producer which is not an electric utility), qualifying cogenerator, or qualifying small power producer, the Commission may issue an order requiring—

(A)the physical connection of any cogeneration facility, any small power production facility, or the transmission facilities of any electric utility, with the facilities of such applicant,

(B)such action as may be necessary to make effective any physical connection described in subparagraph (A), which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability,

(C)such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under subparagraph (A) or (B), or

(D)such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph (A) or (B).

(2)Any State regulatory authority may apply to the Commission for an order for any action referred to in subparagraph (A), (B), (C), or (D) of paragraph (1). No such order may be issued by the Commission with respect to a Federal power marketing agency upon application of a State regulatory authority.

(b)Notice, hearing and determination by Commission

Upon receipt of an application under subsection (a), the Commission shall—

(1)issue notice to each affected State regulatory authority, each affected electric utility, each affected Federal power marketing agency, each affected owner or operator of a cogeneration facility or of a small power production facility, and to the public.

(2)afford an opportunity for an evidentiary hearing, and

(3)make a determination with respect to the matters referred to in subsection (c).

(c)Necessary findings

No order may be issued by the Commission under subsection (a) unless the Commission determines that such order—

(1)is in the public interest,

(2)would—

(A)encourage overall conservation of energy or capital,

(B)optimize the efficiency of use of facilities and resources, or

(C)improve the reliability of any electric utility system or Federal power marketing agency to which the order applies, and

(3)meets the requirements of section 824k of this title.

(d)Motion of Commission

The Commission may, on its own motion, after compliance with the requirements of paragraphs (1) and (2) of subsection (b), issue an order requiring any action described in subsection (a)(1) if the Commission determines that such order meets the requirements of subsection (c). No such order may be issued upon the Commission’s own motion with respect to a Federal power marketing agency.

(e)Definitions

(1)As used in this section, the term “facilities” means only facilities used for the generation or transmission of electric energy.

(2)With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under subsection (a)(1), the term “facilities of such applicant” means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application. With respect to an order issued pursuant to an application under subsection (a)(2), the term “facilities of such applicant” means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the application. With respect to an order issued by the Commission on its own motion under subsection (d), such term means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the proposed order.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (a)(1). Pub. L. 96–294 added applicability to geothermal power producers.

Statutory Notes and Related Subsidiaries

Study and Report to Congressional Committees on Application of Provisions Relating to Cogeneration, Small Power Production, and Interconnection Authority to Hydroelectric Power FacilitiesFor provisions requiring the Federal Energy Regulatory Commission to conduct a study and report to Congress on whether the benefits of this section and section 824a–3 of this title should be applied to hydroelectric power facilities utilizing new dams or diversions, within the meaning of section 824a–3(k) of this title, see section 8(d) of Pub. L. 99–495, set out as a note under section 824a–3 of this title.

§824i Interconnection Authority