§ 792. — Federal Power Commission; creation; number; appointment; term; qualifications; vacancies; quorum; chairman; salary; place of holding sessions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC792]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 792. Federal Power Commission; creation; number;
appointment; term; qualifications; vacancies; quorum; chairman;
salary; place of holding sessions
A commission is created and established to be known as the Federal
Power Commission (hereinafter referred to as the ``commission'') which
shall be composed of five commissioners who shall be appointed by the
President, by and with the advice and consent of the Senate, one of whom
shall be designated by the President as chairman and shall be the
principal executive officer of the commission. Each chairman, when so
designated, shall act as such until the expiration of his term of
office.
The commissioners first appointed under this section, as amended,
shall continue in office for terms of one, two, three, four, and five
years, respectively, from June 23, 1930, the term of each to be
designated by the President at the time of nomination. Their successors
shall be appointed each for a term of five years from the date of the
expiration of the term for which his predecessor was appointed and until
his successor is appointed and has qualified, except that he shall not
so continue to serve beyond the expiration of the next session of
Congress subsequent to the expiration of said fixed term of office, and
except that any person 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 unexpired term. Not more than three of the
commissioners shall be appointed from the same political party. No
person in the employ of or holding any official relation to any licensee
or to any person, firm, association, or corporation engaged in the
generation, transmission, distribution, or sale of power, or owning
stock or bonds thereof, or who is in any manner pecuniarily interested
therein, shall enter upon the duties of or hold the office of
commissioners. Said commissioners shall not engage in any other
business, vocation, or employment. No vacancy in the commission shall
impair the right of the remaining commissioners to exercise all the
powers of the commission. Three members of the commission shall
constitute a quorum for the transaction of business, and the commission
shall have an official seal of which judicial notice shall be taken. The
commission shall annually elect a vice chairman to act in case of the
absence or disability of the chairman or in case of a vacancy in the
office of chairman.
Each commissioner shall receive necessary traveling and subsistence
expenses, or per diem allowance in lieu thereof, within the limitation
prescribed by law, while away from the seat of government upon official
business.
The principal office of the commission shall be in the District of
Columbia, where its general sessions shall be held; but whenever the
convenience of the public or of the parties may be promoted or delay or
expense prevented thereby, the commission may hold special sessions in
any part of the United States.
(June 10, 1920, ch. 285, pt. I, Sec. 1, 41 Stat. 1063; June 23, 1930,
ch. 572, Sec. 1, 46 Stat. 797; renumbered pt. I, Aug. 26, 1935, ch. 687,
title II, Sec. 212, 49 Stat. 847; 1950 Reorg. Plan No. 9, Sec. 3, eff.
May 24, 1950, 15 F.R. 3175, 64 Stat. 1265; Pub. L. 86-619, Sec. 1, July
12, 1960, 74 Stat. 407.)
Codification
Provisions which prescribed the compensation of commissioners were
omitted as obsolete. Compensation of the Chairman and members of the
Commission was prescribed by sections 5314 and 5315 of Title 5,
Government Organization and Employees, prior to termination of the
Commission. See Transfer of Functions note below.
Amendments
1960--Pub. L. 86-619 provided for continuation in office of a
commissioner upon termination of his term until a successor is appointed
and has qualified, not beyond expiration of next session of Congress
subsequent to the expiration of said fixed term of office.
1930--Act June 23, 1938, amended section generally. Prior to
amendment section read as follows: ``A commission is hereby created and
established, to be known as the Federal Power Commission (hereinafter
referred to as the commission), which shall be composed of the Secretary
of War, the Secretary of the Interior, and the Secretary of Agriculture.
Two members of the commission shall constitute a quorum for the
transaction of business, and the commission shall have an official seal,
which shall be judicially noticed. The President shall designate the
chairman of the commission.''
Repeals
Act Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880, formerly cited
as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a),
Sept. 6, 1966, 80 Stat. 655.
Transfer of Functions
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, set out below.
REORGANIZATION PLAN NO. 9 OF 1950
Eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20,
1949 [see 5 U.S.C. 901 et seq.].
FEDERAL POWER COMMISSION
Section 1. Transfer of Functions to the Chairman
(a) Subject to the provisions of subsection (b) of this section,
there are hereby transferred from the Federal Power Commission,
hereinafter referred to as the Commission, to the Chairman of the
Commission, hereinafter referred to as the Chairman, the executive and
administrative functions of the Commission, including functions of the
Commission with respect to (1) the appointment and supervision of
personnel employed under the Commission, (2) the distribution of
business among such personnel and among administrative units of the
Commission, and (3) the use and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(3) Personnel employed regularly and full time in the immediate
offices of Commissioners other than the Chairman shall not be affected
by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.
Sec. 2. Performance of Transferred Functions
The Chairman may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any officer, employee,
or administrative unit under his jurisdiction of any functions
transferred to the Chairman by the provisions of this reorganization
plan.
Sec. 3. Designation of Chairman
The functions of the Commission with respect to choosing a chairman
from among the commissioners composing the Commission are hereby
transferred to the President.
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 10 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Securities and Exchange Commission. My reasons
for transmitting this plan are stated in an accompanying general
message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 10 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
