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Title 16, ConservationRelease 119-110

§824m Sales by Exempt Wholesale Generators

Title 16 › CHAPTER 12 — FEDERAL REGULATION AND DEVELOPMENT OF POWER › SUBCHAPTER II — REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE › § 824m

Last updated Sep 23, 2026|Official source

Summary

A rate paid to an exempt wholesale generator for selling electricity is not lawful under section 824d if the Commission finds it came from an unfair preference or advantage given by an electric utility that is an associate company or affiliate of the generator. The Commission must give notice and a chance for a hearing before making that finding. The terms "associate company" and "affiliate" mean what section 16451 of title 42 says.

Full Legal Text

Title 16, §824m

Conservation, Source: USLM XML via OLRC

No rate or charge received by an exempt wholesale generator for the sale of electric energy shall be lawful under section 824d of this title if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this section, the terms “associate company” and “affiliate” shall have the same meaning as provided in section 16451 of title 42.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 16451 of title 42, referred to in text, was in the original “section 2(a) of the Public Utility Holding Company Act of 2005” and was translated as reading “section 1262” of that Act, meaning section 1262 of subtitle F of title XII of Pub. L. 109–58, to reflect the probable intent of Congress, because subtitle F of title XII of Pub. L. 109–58 does not contain a section 2 and section 1262 of subtitle F of title XII of Pub. L. 109–58 defines terms.

Amendments

2005—Pub. L. 109–58 substituted “section 16451 of title 42” for “section 79b(a) of title 15”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–58 effective 6 months after Aug. 8, 2005, with provisions relating to effect of compliance with certain

Regulations

approved and made effective prior to such date, see section 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 this section 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 796 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 824m

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110