16 USC 825h

Page 1305

§ 825k

TITLE 16—CONSERVATION

with its secretary and shall be kept open in convenient form for public inspection and examination during reasonable business hours.
(June 10, 1920, ch. 285, pt. III, § 309, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 858.)
COMMISSION REVIEW
Pub. L. 99–495, § 4(c), Oct. 16, 1986, 100 Stat. 1248, provided that: ‘‘In order to ensure that the provisions of
Part I of the Federal Power Act [16 U.S.C. 791a et seq.],
as amended by this Act, are fully, fairly, and efficiently
implemented, that other governmental agencies identified in such Part I are able to carry out their responsibilities, and that the increased workload of the Federal Energy Regulatory Commission and other agencies
is facilitated, the Commission shall, consistent with
the provisions of section 309 of the Federal Power Act
[16 U.S.C. 825h], review all provisions of that Act [16
U.S.C. 791a et seq.] requiring an action within a 30-day
period and, as the Commission deems appropriate,
amend its regulations to interpret such period as meaning ‘working days’, rather than ‘calendar days’ unless
calendar days is specified in such Act for such action.’’

§ 825i. Appointment of officers and employees;
compensation
The Commission is authorized to appoint and
fix the compensation of such officers, attorneys,
examiners, and experts as may be necessary for
carrying out its functions under this chapter;
and the Commission may, subject to civil-service laws, appoint such other officers and employees as are necessary for carrying out such functions and fix their salaries in accordance with
chapter 51 and subchapter III of chapter 53 of
title 5.
(June 10, 1920, ch. 285, pt. III, § 310, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 859; amended Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat.
972.)
CODIFICATION
Provisions that authorized the Commission to appoint and fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for
carrying out its functions under this chapter ‘‘without
regard to the provisions of other laws applicable to the
employment and compensation of officers and employees of the United States’’ have been omitted as obsolete
and superseded.
Such appointments are subject to the civil service
laws unless specifically excepted by those laws or by
laws enacted subsequent to Executive Order No. 8743,
Apr. 23, 1941, issued by the President pursuant to the
Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211,
which covered most excepted positions into the classified (competitive) civil service. The Order is set out as
a note under section 3301 of Title 5, Government Organization and Employees.
As to the compensation of such personnel, sections
1202 and 1204 of the Classification Act of 1949, 63 Stat.
972, 973, repealed the Classification Act of 1923 and all
other laws or parts of laws inconsistent with the 1949
Act. The Classification Act of 1949 was repealed Pub. L.
89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as
chapter 51 and subchapter III of chapter 53 of Title 5.
Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine
the applicability to specific positions and employees.
‘‘Chapter 51 and subchapter III of chapter 53 of title
5’’ substituted in text for ‘‘the Classification Act of
1949, as amended’’ on authority of Pub. L. 89–554, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

AMENDMENTS
1949—Act Oct. 28, 1949, substituted ‘‘Classification Act
of 1949’’ for ‘‘Classification Act of 1923’’.
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.

§ 825j. Investigations relating to electric energy;
reports to Congress
In order to secure information necessary or
appropriate as a basis for recommending legislation, the Commission is authorized and directed
to conduct investigations regarding the generation, transmission, distribution, and sale of electric energy, however produced, throughout the
United States and its possessions, whether or
not otherwise subject to the jurisdiction of the
Commission, including the generation, transmission, distribution, and sale of electric energy
by any agency, authority, or instrumentality of
the United States, or of any State or municipality or other political subdivision of a State. It
shall, so far as practicable, secure and keep current information regarding the ownership, operation, management, and control of all facilities
for such generation, transmission, distribution,
and sale; the capacity and output thereof and
the relationship between the two; the cost of
generation, transmission, and distribution; the
rates, charges, and contracts in respect of the
sale of electric energy and its service to residential, rural, commercial, and industrial consumers and other purchasers by private and public
agencies; and the relation of any or all such
facts to the development of navigation, industry, commerce, and the national defense. The
Commission shall report to Congress the results
of investigations made under authority of this
section.
(June 10, 1920, ch. 285, pt. III, § 311, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 859.)
§ 825k. Publication and sale of reports
The Commission may provide for the publication of its reports and decisions in such form
and manner as may be best adapted for public
information and use, and is authorized to sell at
reasonable prices copies of all maps, atlases, and
reports as it may from time to time publish.
Such reasonable prices may include the cost of
compilation, composition, and reproduction.
The Commission is also authorized to make such
charges as it deems reasonable for special statistical services and other special or periodic services. The amounts collected under this section
shall be deposited in the Treasury to the credit
of miscellaneous receipts. All printing for the
Federal Power Commission making use of engraving, lithography, and photolithography, together with the plates for the same, shall be
contracted for and performed under the direction of the Commission, under such limitations
and conditions as the Joint Committee on Printing may from time to time prescribe, and all
other printing for the Commission shall be done
by the Director of the Government Publishing
Office under such limitations and conditions as
the Joint Committee on Printing may from time

§ 825l

TITLE 16—CONSERVATION

to time prescribe. The entire work may be done
at, or ordered through, the Government Publishing Office whenever, in the judgment of the
Joint Committee on Printing, the same would
be to the interest of the Government: Provided,
That when the exigencies of the public service
so require, the Joint Committee on Printing
may authorize the Commission to make immediate contracts for engraving, lithographing,
and photolithographing, without advertisement
for proposals: Provided further, That nothing
contained in this chapter or any other Act shall
prevent the Federal Power Commission from
placing orders with other departments or establishments for engraving, lithographing, and
photolithographing, in accordance with the provisions of sections 1535 and 1536 of title 31, providing for interdepartmental work.
(June 10, 1920, ch. 285, pt. III, § 312, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 859; amended Pub. L. 113–235, div. H, title I, § 1301(b), (d),
Dec. 16, 2014, 128 Stat. 2537.)
CODIFICATION
‘‘Sections 1535 and 1536 of title 31’’ substituted in text
for ‘‘sections 601 and 602 of the Act of June 30, 1932 (47
Stat. 417 [31 U.S.C. 686, 686b])’’ on authority of Pub. L.
97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
CHANGE OF NAME
‘‘Director of the Government Publishing Office’’ substituted for ‘‘Public Printer’’ in text on authority of
section 1301(d) of Pub. L. 113–235, set out as a note
under section 301 of Title 44, Public Printing and Documents.
‘‘Government Publishing Office’’ substituted for
‘‘Government Printing Office’’ in text on authority of
section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

§ 825l. Review of orders
(a) Application for rehearing; time periods; modification of order
Any person, electric utility, State, municipality, or State commission aggrieved by an order
issued by the Commission in a proceeding under
this chapter to which such person, electric utility, State, municipality, or State commission is
a party may apply for a rehearing within thirty
days after the issuance of such order. The application for rehearing shall set forth specifically
the ground or grounds upon which such application is based. Upon such application the Commission shall have power to grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the Commission acts
upon the application for rehearing within thirty
days after it is filed, such application may be
deemed to have been denied. No proceeding to
review any order of the Commission shall be
brought by any entity unless such entity shall
have made application to the Commission for a
rehearing thereon. Until the record in a proceeding shall have been filed in a court of appeals, as
provided in subsection (b), the Commission may
at any time, upon reasonable notice and in such
manner as it shall deem proper, modify or set
aside, in whole or in part, any finding or order
made or issued by it under the provisions of this
chapter.

Page 1306

(b) Judicial review
Any party to a proceeding under this chapter
aggrieved by an order issued by the Commission
in such proceeding may obtain a review of such
order in the United States court of appeals for
any circuit wherein the licensee or public utility
to which the order relates is located or has its
principal place of business, or in the United
States Court of Appeals for the District of Columbia, by filing in such court, within sixty
days after the order of the Commission upon the
application for rehearing, a written petition
praying that the order of the Commission be
modified or set aside in whole or in part. A copy
of such petition shall forthwith be transmitted
by the clerk of the court to any member of the
Commission and thereupon the Commission
shall file with the court the record upon which
the order complained of was entered, as provided
in section 2112 of title 28. Upon the filing of such
petition such court shall have jurisdiction,
which upon the filing of the record with it shall
be exclusive, to affirm, modify, or set aside such
order in whole or in part. No objection to the
order of the Commission shall be considered by
the court unless such objection shall have been
urged before the Commission in the application
for rehearing unless there is reasonable ground
for failure so to do. The finding of the Commission as to the facts, if supported by substantial
evidence, shall be conclusive. If any party shall
apply to the court for leave to adduce additional
evidence, and shall show to the satisfaction of
the court that such additional evidence is material and that there were reasonable grounds for
failure to adduce such evidence in the proceedings before the Commission, the court may
order such additional evidence to be taken before the Commission and to be adduced upon the
hearing in such manner and upon such terms
and conditions as to the court may seem proper.
The Commission may modify its findings as to
the facts by reason of the additional evidence so
taken, and it shall file with the court such
modified or new findings which, if supported by
substantial evidence, shall be conclusive, and its
recommendation, if any, for the modification or
setting aside of the original order. The judgment
and decree of the court, affirming, modifying, or
setting aside, in whole or in part, any such order
of the Commission, shall be final, subject to review by the Supreme Court of the United States
upon certiorari or certification as provided in
section 1254 of title 28.
(c) Stay of Commission’s order
The filing of an application for rehearing
under subsection (a) shall not, unless specifically ordered by the Commission, operate as a
stay of the Commission’s order. The commencement of proceedings under subsection (b) of this
section shall not, unless specifically ordered by
the court, operate as a stay of the Commission’s
order.
(June 10, 1920, ch. 285, pt. III, § 313, as added Aug.
26, 1935, ch. 687, title II, § 213, 49 Stat. 860; amended June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May
24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791,
§ 16, Aug. 28, 1958, 72 Stat. 947; Pub. L. 109–58,
title XII, § 1284(c), Aug. 8, 2005, 119 Stat. 980.)