§ 772. — Administrator's informationgathering power.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC772]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16B--FEDERAL ENERGY ADMINISTRATION
SUBCHAPTER I--FEDERAL ENERGY ADMINISTRATION
Sec. 772. Administrator's information-gathering power
(a) Comprehensive and particular energy information; categorical
groupings; monitoring activity and policy guidance
The Administrator shall collect, assemble, evaluate, and analyze
energy information by categorical groupings, established by the
Administrator, of sufficient comprehensiveness and particularity to
permit fully informed monitoring and policy guidance with respect to the
exercise of his functions under this chapter.
(b) Information and data to Administrator from owners or operators of
facilities or business premises engaged in energy matters
All persons owning or operating facilities or business premises who
are engaged in any phase of energy supply or major energy consumption
shall make available to the Administrator such information and periodic
reports, records, documents, and other data, relating to the purposes of
this chapter, including full identification of all data and projections
as to source, time, and methodology of development, as the Administrator
may prescribe by regulation or order as necessary or appropriate for the
proper exercise of functions under this chapter.
(c) General or special orders for filing reports or answers in writing
to specific questions, surveys, or questionnaires; oath or
otherwise; filing period
The Administrator may require, by general or special orders, any
person engaged in any phase of energy supply or major energy consumption
to file with the Administrator in such form as he may prescribe, reports
or answers in writing to such specific questions, surveys, or
questionnaires as may be necessary to enable the Administrator to carry
out his functions under this chapter. Such reports and answers shall be
made under oath, or otherwise, as the Administrator may prescribe, and
shall be filed with the Administrator within such reasonable period as
he may prescribe.
(d) Investigations, physical inspections, inventories and samples,
copies, and interrogations
The Administrator, to verify the accuracy of information he has
received or otherwise to obtain information necessary to perform his
functions under this chapter, is authorized to conduct investigations,
and in connection therewith, to conduct, at reasonable times and in a
reasonable manner, physical inspections at energy facilities and
business premises, to inventory and sample any stock of fuels or energy
sources therein, to inspect and copy records, reports, and documents
from which energy information has been or is being compiled, and to
question such persons as he may deem necessary.
(e) Subpenas; attendance and testimony of witnesses; production of
evidence; enforcement; judicial orders; contempt
(1) The Administrator, or any of his duly authorized agents, shall
have the power to require by subpena the attendance and testimony of
witnesses, and the production of all information, documents, reports,
answers, records, accounts, papers, and other data and documentary
evidence which the Administrator is authorized to obtain pursuant to
this section.
(2) Any appropriate United States district court may, in case of
contumacy or refusal to obey a subpena issued pursuant to this section,
issue an order requiring the party to whom such subpena is directed to
appear before the Administration and to give testimony touching on the
matter in question, or to produce any matter described in paragraph (1)
of this subsection, and any failure to obey such order of the court may
be punished by such court as a contempt thereof.
(f) Federal information concerning energy resources on Federal lands;
scope of information
The Administrator shall collect from departments, agencies and
instrumentalities of the executive branch of the Government (including
independent agencies), and each such department, agency, and
instrumentality is authorized and directed to furnish, upon his request,
information concerning energy resources on lands owned by the Government
of the United States. Such information shall include, but not be limited
to, quantities of reserves, current or proposed leasing agreements,
environmental considerations, and economic impact analyses.
(g) Maintenance of records and accounts
With respect to any person who is subject to any rule, regulation,
or order promulgated by the Administrator or to any provision of law the
administration of which is vested in or transferred or delegated to the
Administrator, the Administrator may require, by rule, the keeping of
such accounts or records as he determines are necessary or appropriate
for determining compliance with such rule, regulation, order, or any
applicable provision of law.
(h) Alleviation of reporting burdens for small businesses
In exercising his authority under this chapter and any other
provision of law relating to the collection of energy information, the
Administrator shall take into account the size of businesses required to
submit reports with the Administrator so as to avoid, to the greatest
extent practicable, overly burdensome reporting requirements on small
marketers and distributors of petroleum products and other small
business concerns required to submit reports to the Administrator.
(i) Penalties for failure to file information
Any failure to make information available to the Administrator under
subsection (b) of this section, any failure to comply with any general
or special order under subsection (c) of this section, or any failure to
allow the Administrator to act under subsection (d) of this section
shall be subject to the same penalties as any violation of section 796
of this title or any rule, regulation, or order issued under such
section.
(Pub. L. 93-275, Sec. 13, May 7, 1974, 88 Stat. 107; Pub. L. 94-385,
title I, Secs. 107, 108, Aug. 14, 1976, 90 Stat. 1129.)
Amendments
1976--Subsecs. (g), (h). Pub. L. 94-385, Sec. 107, added subsecs.
(g) and (h).
Subsec. (i). Pub. L. 94-385, Sec. 108, added subsec. (i).
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in sections 774, 790, 3418, 4504 of this
title; title 42 section 6274.
