16 U.S.C. § 825m: Enforcement provisions

Summary

The Commission can ask a federal court to stop anyone who is breaking or about to break the rules of this law. It can bring cases in federal district courts, including courts in U.S. territories. If the court finds cause, it must issue a temporary or permanent order to stop the conduct, and the Commission does not have to post a bond. The Commission can send any evidence it has to the Attorney General, who may decide to start criminal charges. If the Commission asks, federal courts must also be able to order people to follow the law or the Commission’s rules. The Commission may hire lawyers it needs and pay them from its budget. In court cases to stop violations, the court may bar anyone who violated section 824u (and related rules) from serving as an officer or director of an electric utility or from buying or selling electric energy or transmission services the Commission regulates. The court can make those bans conditional or absolute, and for whatever time it decides, including permanently.

Title 16, §825m

Conservation, Source: USLM XML via OLRC

(a)Enjoining and restraining violations

Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper District Court of the United States or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this chapter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings under this chapter.

(b)Writs of mandamus

Upon application of the Commission the district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder.

(c)Employment of attorneys

The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission’s own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission.

(d)Prohibitions on violators

In any proceedings under subsection (a), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices constituting a violation of section 824u of this title (and related rules and regulations) from—

(1)acting as an officer or director of an electric utility; or

(2)engaging in the business of purchasing or selling—

(A)electric energy; or

(B)transmission services subject to the jurisdiction of the Commission.

Notes & Related Subsidiaries

Editorial Notes

Codification As originally enacted subsecs. (a) and (b) contained references to the Supreme Court of the District of Columbia. Act

June 25, 1936, substituted “the district court of the United States for the District of Columbia” for “the Supreme Court of the District of Columbia”, and act

June 25, 1948, as amended by act

May 24, 1949, substituted “United States District Court for the District of Columbia” for “district court of the United States for the District of Columbia”. However, the words “United States District Court for the District of Columbia” have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district”, and section 88 of Title 28 which states that “the District of Columbia constitutes one judicial district”.

Amendments

2005—Subsec. (d). Pub. L. 109–58 added subsec. (d).

§825m Enforcement Provisions

Summary

Title 16, §825m

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata