Collapse to view only § 7172. Jurisdiction of Commission
- § 7171. Appointment and administration
- § 7172. Jurisdiction of Commission
- § 7173. Initiation of rulemaking procedures before Commission
- § 7174. Referral of other rulemaking proceedings to Commission
- § 7175. Right of Secretary to intervene in Commission proceedings
- § 7176. Reorganization
- § 7177. Access to information
- § 7178. Federal Energy Regulatory Commission fees and annual charges
§ 7171. Appointment and administration
(a) Federal Energy Regulatory Commission; establishment
(b) Composition; term of office; conflict of interest; expiration of terms
(1) The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. One of the members shall be designated by the President as Chairman. Members shall hold office for a term of 5 years and may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. Not more than three members of the Commission shall be members of the same political party. Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may continue to serve after the expiration of his term until his successor is appointed and has been confirmed and taken the oath of Office, except that such Commissioner shall not serve beyond the end of the session of the Congress in which such term expires. Members of the Commission shall not engage in any other business, vocation, or employment while serving on the Commission.
(2) Notwithstanding the third sentence of paragraph (1), the terms of members first taking office after April 11, 1990, shall expire as follows:
(A) In the case of members appointed to succeed members whose terms expire in 1991, one such member’s term shall expire on June 30, 1994, and one such member’s term shall expire on June 30, 1995, as designated by the President at the time of appointment.
(B) In the case of members appointed to succeed members whose terms expire in 1992, one such member’s term shall expire on June 30, 1996, and one such member’s term shall expire on June 30, 1997, as designated by the President at the time of appointment.
(C) In the case of the member appointed to succeed the member whose term expires in 1993, such member’s term shall expire on June 30, 1998.
(c) Duties and responsibilities of Chairman
(d) Supervision and direction of members, employees, or other personnel of Commission
(e) Designation of Acting Chairman; quorum; seal
(f) Rules
(g) Powers of Commission
(h) Principal office of Commission
(i) Commission deemed agency; attorney for Commission
(j) Annual authorization and appropriation request
(k) Addressing insufficient compensation of employees and other personnel of the Commission
(1) In general
(2) Certification requirementsA certification issued under paragraph (1) shall—
(A) apply with respect to a category of employees or other personnel responsible for conducting work of a scientific, technological, engineering, or mathematical nature;
(B) specify a maximum amount of reasonable compensation for the category of employees or other personnel;
(C) be valid for a 5-year period beginning on the date on which the certification is issued;
(D) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel to allow the Commission to carry out the functions of the Commission in a timely, efficient, and effective manner; and
(E) include an explanation for why the other approaches available to the Chairman for retaining and attracting employees and other personnel are inadequate.
(3) Renewal
(A) In general
(B) Requirement
(4) New hires
(A) In general
(B) Compensation of new hires on renewal
(5) Retention of level of fixed compensation
(6) Consultation required
(7) Experts and consultants
(A) In generalSubject to subparagraph (B), the Chairman may—
(i) obtain the services of experts and consultants in accordance with section 3109 of title 5;
(ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and
(iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently.
(B) LimitationsThe Chairman shall—
(i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and
(ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually.
(Pub. L. 95–91, title IV, § 401, Aug. 4, 1977, 91 Stat. 582; Pub. L. 101–271, § 2(a), (b), Apr. 11, 1990, 104 Stat. 135; Pub. L. 116–260, div. Z, title XI, § 11004(a), Dec. 27, 2020, 134 Stat. 2612.)
§ 7172. Jurisdiction of Commission
(a) Transfer of functions from Federal Power Commission
(1) There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission:
(A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act [16 U.S.C. 791a et seq.];
(B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the Federal Power Act [16 U.S.C. 824 et seq.], and the interconnection, under section 202(b), of such Act [16 U.S.C. 824a(b)], of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection);
(C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [15 U.S.C. 717, 717c to 717e];
(D) the issuance of a certificate of public convenience and necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the Natural Gas Act [15 U.S.C. 717f];
(E) the establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for such curtailments, under the Natural Gas Act [15 U.S.C. 717 et seq.]; and
(F) the regulation of mergers and securities acquisition under the Federal Power Act [16 U.S.C. 791a et seq.] and Natural Gas Act [15 U.S.C. 717 et seq.].
(2) The Commission may exercise any power under the following sections to the extent the Commission determines such power to be necessary to the exercise of any function within the jurisdiction of the Commission:
(A) sections 4, 301, 302, 306 through 309, and 312 through 316 of the Federal Power Act [16 U.S.C. 797, 825, 825a, 825e to 825h, 825k to 825o]; and
(B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas Act [15 U.S.C. 717g, 717h, 717l to 717p, 717s, 717t].
(b) Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379
(c) Consideration of proposals made by Secretary to amend regulations issued under section 753 of title 15; exception
(1) Pursuant to the procedures specified in section 7174 of this title and except as provided in paragraph (2), the Commission shall have jurisdiction to consider any proposal by the Secretary to amend the regulation required to be issued under section 753(a) 1
1 See References in Text note below.
of title 15 which is required by section 757 or 760a 1 of title 15 to be transmitted by the President to, and reviewed by, each House of Congress, under section 6421 of this title.(2) In the event that the President determines that an emergency situation of overriding national importance exists and requires the expeditious promulgation of a rule described in paragraph (1), the President may direct the Secretary to assume sole jurisdiction over the promulgation of such rule, and such rule shall be transmitted by the President to, and reviewed by, each House of Congress under section 757 or 760a 1 of title 15, and section 6421 of this title.
(d) Matters involving agency determinations to be made on record after agency hearingThe Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary—
(1) involving any agency determination required by law to be made on the record after an opportunity for an agency hearing; or
(2) involving any other agency determination which the Secretary determines shall be made on the record after an opportunity for an agency hearing,
except that nothing in this subsection shall require that functions under sections 6213 and 6214 1 of this title shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission.
(e) Matters assigned by Secretary after public notice and matters referred under section 7174 of this title
(f) Limitation
(g) Final agency action
(h) Rules, regulations, and statements of policy
(Pub. L. 95–91, title IV, § 402, Aug. 4, 1977, 91 Stat. 583; Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.)
§ 7173. Initiation of rulemaking procedures before Commission
(a) Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission
(b) Consideration and final action on proposals of Secretary
(c) Utilization of rulemaking procedures for establishment of rates and charges under Federal Power Act and Natural Gas Act
(d) Submission of written questions by interested persons
(Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.)
§ 7174. Referral of other rulemaking proceedings to Commission
(a) Notification of Commission of proposed action; public comment
(b) Recommendations of Commission; publication
Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—
(1) concur in adoption of the rule or statement as proposed by the Secretary;
(2) concur in adoption of the rule or statement only with such changes as it may recommend; or
(3) recommend that the rule or statement not be adopted.
The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period.
(c) Options of Secretary; final agency action
Following publication of the Commission’s recommendations the Secretary shall have the option of—
(1) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1);
(2) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or statement pursuant to subsection (b)(2); or
(3) ordering that the rule shall not be issued.
The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5.
(Pub. L. 95–91, title IV, § 404, Aug. 4, 1977, 91 Stat. 586.)
§ 7175. Right of Secretary to intervene in Commission proceedings
The Secretary may as a matter of right intervene or otherwise participate in any proceeding before the Commission. The Secretary shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceeding or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof. The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to assure procedure fairness to all participants.
(Pub. L. 95–91, title IV, § 405, Aug. 4, 1977, 91 Stat. 586.)
§ 7176. Reorganization
For the purposes of chapter 9 of title 5 the Commission shall be deemed to be an independent regulatory agency.
(Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat. 586.)
§ 7177. Access to information
(a) The Secretary, each officer of the Department, and each Federal agency shall provide to the Commission, upon request, such existing information in the possession of the Department or other Federal agency as the Commission determines is necessary to carry out its responsibilities under this chapter.
(b) The Secretary, in formulating the information to be requested in the reports or investigations under section 825c and section 825j of title 16 and section 717i and section 717j of title 15 shall include in such reports and investigations such specific information as requested by the Federal Energy Regulatory Commission and copies of all reports, information, results of investigations and data under said sections shall be furnished by the Secretary to the Federal Energy Regulatory Commission.
(Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat. 587.)
§ 7178. Federal Energy Regulatory Commission fees and annual charges
(a) In general
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
(b) Basis for assessments
(c) Estimates
(d) Time of payment
(e) Adjustments
(f) Use of funds
(g) Waiver
(Pub. L. 99–509, title III, § 3401, Oct. 21, 1986, 100 Stat. 1890.)