§ 796. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC796]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 796. Definitions
The words defined in this section shall have the following meanings
for purposes of this chapter, to wit:
(1) ``public lands'' means such lands and interest in lands
owned by the United States as are subject to private appropriation
and disposal under public land laws. It shall not include
``reservations'', as hereinafter defined;
(2) ``reservations'' means national forests, tribal lands
embraced within Indian reservations, military reservations, and
other lands and interests in lands owned by the United States, and
withdrawn, reserved, or withheld from private appropriation and
disposal under the public land laws; also lands and interests in
lands acquired and held for any public purposes; but shall not
include national monuments or national parks;
(3) ``corporation'' means any corporation, joint-stock company,
partnership, association, business trust, organized group of
persons, whether incorporated or not, or a receiver or receivers,
trustee or trustees of any of the foregoing. It shall not include
``municipalities'' as hereinafter defined;
(4) ``person'' means an individual or a corporation;
(5) ``licensee'' means any person, State, or municipality
licensed under the provisions of section 797 of this title, and any
assignee or successor in interest thereof;
(6) ``State'' means a State admitted to the Union, the District
of Columbia, and any organized Territory of the United States;
(7) ``municipality'' means a city, county, irrigation district,
drainage district, or other political subdivision or agency of a
State competent under the laws thereof to carry on the business of
developing, transmitting, utilizing, or distributing power;
(8) ``navigable waters'' means those parts of streams or other
bodies of water over which Congress has jurisdiction under its
authority to regulate commerce with foreign nations and among the
several States, and which either in their natural or improved
condition notwithstanding interruptions between the navigable parts
of such streams or waters by falls, shallows, or rapids compelling
land carriage, are used or suitable for use for the transportation
of persons or property in interstate or foreign commerce, including
therein all such interrupting falls, shallows, or rapids, together
with such other parts of streams as shall have been authorized by
Congress for improvement by the United States or shall have been
recommended to Congress for such improvement after investigation
under its authority;
(9) ``municipal purposes'' means and includes all purposes
within municipal powers as defined by the constitution or laws of
the State or by the charter of the municipality;
(10) ``Government dam'' means a dam or other work constructed or
owned by the United States for Government purposes with or without
contribution from others;
(11) ``project'' means complete unit of improvement or
development, consisting of a power house, all water conduits, all
dams and appurtenant works and structures (including navigation
structures) which are a part of said unit, and all storage,
diverting, or forebay reservoirs directly connected therewith, the
primary line or lines transmitting power therefrom to the point of
junction with the distribution system or with the interconnected
primary transmission system, all miscellaneous structures used and
useful in connection with said unit or any part thereof, and all
water-rights, rights-of-way, ditches, dams, reservoirs, lands, or
interest in lands the use and occupancy of which are necessary or
appropriate in the maintenance and operation of such unit;
(12) ``project works'' means the physical structures of a
project;
(13) ``net investment'' in a project means the actual legitimate
original cost thereof as defined and interpreted in the
``classification of investment in road and equipment of steam roads,
issue of 1914, Interstate Commerce Commission'', plus similar costs
of additions thereto and betterments thereof, minus the sum of the
following items properly allocated thereto, if and to the extent
that such items have been accumulated during the period of the
license from earnings in excess of a fair return on such investment:
(a) Unappropriated surplus, (b) aggregate credit balances of current
depreciation accounts, and (c) aggregate appropriations of surplus
or income held in amortization, sinking fund, or similar reserves,
or expended for additions or betterments or used for the purposes
for which such reserves were created. The term ``cost'' shall
include, insofar as applicable, the elements thereof prescribed in
said classification, but shall not include expenditures from funds
obtained through donations by States, municipalities, individuals,
or others, and said classification of investment of the Interstate
Commerce Commission shall insofar as applicable be published and
promulgated as a part of the rules and regulations of the
Commission;
(14) ``Commission'' and ``Commissioner'' means the Federal Power
Commission, and a member thereof, respectively;
(15) ``State commission'' means the regulatory body of the State
or municipality having jurisdiction to regulate rates and charges
for the sale of electric energy to consumers within the State or
municipality;
(16) ``security'' means any note, stock, treasury stock, bond,
debenture, or other evidence of interest in or indebtedness of a
corporation subject to the provisions of this chapter;
(17)(A) ``small power production facility'' means a facility
which is an eligible solar, wind, waste, or geothermal facility, or
a facility which--
(i) produces electric energy solely by the use, as a primary
energy source, of biomass, waste, renewable resources,
geothermal resources, or any combination thereof; and
(ii) has a power production capacity which, together with
any other facilities located at the same site (as determined by
the Commission), is not greater than 80 megawatts;
(B) ``primary energy source'' means the fuel or fuels used for
the generation of electric energy, except that such term does not
include, as determined under rules prescribed by the Commission, in
consultation with the Secretary of Energy--
(i) the minimum amounts of fuel required for ignition,
startup, testing, flame stabilization, and control uses, and
(ii) the minimum amounts of fuel required to alleviate or
prevent--
(I) unanticipated equipment outages, and
(II) emergencies, directly affecting the public health,
safety, or welfare, which would result from electric power
outages;
(C) ``qualifying small power production facility'' means a small
power production facility--
(i) which the Commission determines, by rule, meets such
requirements (including requirements respecting fuel use, fuel
efficiency, and reliability) as the Commission may, by rule,
prescribe; and
(ii) which is owned by a person not primarily engaged in the
generation or sale of electric power (other than electric power
solely from cogeneration facilities or small power production
facilities);
(D) ``qualifying small power producer'' means the owner or
operator of a qualifying small power production facility;
(E) ``eligible solar, wind, waste or geothermal facility'' means
a facility which produces electric energy solely by the use, as a
primary energy source, of solar energy, wind energy, waste resources
or geothermal resources; but only if--
(i) either of the following is submitted to the Commission
not later than December 31, 1994:
(I) an application for certification of the facility as
a qualifying small power production facility; or
(II) notice that the facility meets the requirements for
qualification; and
(ii) construction of such facility commences not later than
December 31, 1999, or, if not, reasonable diligence is exercised
toward the completion of such facility taking into account all
factors relevant to construction of the facility.\1\
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\1\ So in original. The period probably should be a semicolon.
(18)(A) ``cogeneration facility'' means a facility which
produces--
(i) electric energy, and
(ii) steam or forms of useful energy (such as heat) which
are used for industrial, commercial, heating, or cooling
purposes;
(B) ``qualifying cogeneration facility'' means a cogeneration
facility which--
(i) the Commission determines, by rule, meets such
requirements (including requirements respecting minimum size,
fuel use, and fuel efficiency) as the Commission may, by rule,
prescribe; and
(ii) is owned by a person not primarily engaged in the
generation or sale of electric power (other than electric power
solely from cogeneration facilities or small power production
facilities);
(C) ``qualifying cogenerator'' means the owner or operator of a
qualifying cogeneration facility;
(19) ``Federal power marketing agency'' means any agency or
instrumentality of the United States (other than the Tennessee
Valley Authority) which sells electric energy;
(20) ``evidentiary hearings'' and ``evidentiary proceeding''
mean a proceeding conducted as provided in sections 554, 556, and
557 of title 5;
(21) ``State regulatory authority'' has the same meaning as the
term ``State commission'', except that in the case of an electric
utility with respect to which the Tennessee Valley Authority has
ratemaking authority (as defined in section 2602 of this title),
such term means the Tennessee Valley Authority;
(22) ``electric utility'' means any person or State agency
(including any municipality) which sells electric energy; such term
includes the Tennessee Valley Authority, but does not include any
Federal power marketing agency.\1\
(23) Transmitting utility.--The term ``transmitting utility''
means any electric utility, qualifying cogeneration facility,
qualifying small power production facility, or Federal power
marketing agency which owns or operates electric power transmission
facilities which are used for the sale of electric energy at
wholesale.\1\
(24) Wholesale transmission services.--The term ``wholesale
transmission services'' means the transmission of electric energy
sold, or to be sold, at wholesale in interstate commerce.\2\
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\2\ So in original. The period probably should be ``; and''.
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(25) Exempt wholesale generator.--The term ``exempt wholesale
generator'' shall have the meaning provided by section 79z-5a of
title 15.
(June 10, 1920, ch. 285, pt. I, Sec. 3, 41 Stat. 1063; renumbered pt. I
and amended, Aug. 26, 1935, ch. 687, title II, Secs. 201, 212, 49 Stat.
838, 847; Pub. L. 95-617, title II, Sec. 201, Nov. 9, 1978, 92 Stat.
3134; Pub. L. 96-294, title VI, Sec. 643(a)(1), June 30, 1980, 94 Stat.
770; Pub. L. 101-575, Sec. 3, Nov. 15, 1990, 104 Stat. 2834; Pub. L.
102-46, May 17, 1991, 105 Stat. 249; Pub. L. 102-486, title VII,
Sec. 726, Oct. 24, 1992, 106 Stat. 2921.)
References in Text
The public land laws, referred to in pars. (1), (2), are classified
generally to Title 43, Public Lands.
Amendments
1992--Par. (22). Pub. L. 102-486, Sec. 726(b), inserted ``(including
any municipality)'' after ``State agency''.
Pars. (23) to (25). Pub. L. 102-486, Sec. 726(a), added pars. (23)
to (25).
1991--Par. (17)(E). Pub. L. 102-46 struck out ``, and which would
otherwise not qualify as a small power production facility because of
the power production capacity limitation contained in subparagraph
(A)(ii)'' after ``geothermal resources'' in introductory provisions.
1990--Par. (17)(A). Pub. L. 101-575, Sec. 3(a), inserted ``a
facility which is an eligible solar, wind, waste, or geothermal
facility, or''.
Par. (17)(E). Pub. L. 101-575, Sec. 3(b), added subpar. (E).
1980--Par. (17)(A)(i). Pub. L. 96-294 added applicability to
geothermal resources.
1978--Pars. (17) to (22). Pub. L. 95-617 added pars. (17) to (22).
1935--Act Aug. 26, 1935, Sec. 201, amended definitions of
``reservations'' and ``corporations'', and inserted definitions of
``person'', ``licensee'', ``commission'', ``commissioner'', ``State
commission'' and ``security''.
FERC Regulations
Section 4 of Pub. L. 101-575 provided that: ``Unless the Federal
Energy Regulatory Commission otherwise specifies, by rule after
enactment of this Act [Nov. 15, 1990], any eligible solar, wind, waste,
or geothermal facility (as defined in section 3(17)(E) of the Federal
Power Act as amended by this Act [16 U.S.C. 796(17)(E)]), which is a
qualifying small power production facility (as defined in subparagraph
(C) of section 3(17) of the Federal Power Act as amended by this Act)--
``(1) shall be considered a qualifying small power production
facility for purposes of part 292 of title 18, Code of Federal
Regulations, notwithstanding any size limitations contained in such
part, and
``(2) shall not be subject to the size limitation contained in
section 292.601(b) of such part.''
State Authorities; Construction
Nothing in amendment by Pub. L. 102-486 to be construed as affecting
or intending to affect, or in any way to interfere with, authority of
any State or local government relating to environmental protection or
siting of facilities, see section 731 of Pub. L. 102-486, set out as a
note under section 79 of Title 15, Commerce and Trade.
Transfer of Functions
Federal Power Commission terminated and 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.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission
transferred, except as otherwise provided in Pub. L. 104-88, to Surface
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104-88, set out as a note
under section 701 of Title 49. References to Interstate Commerce
Commission deemed to refer to Surface Transportation Board, a member or
employee of the Board, or Secretary of Transportation, as appropriate,
see section 205 of Pub. L. 104-88, set out as a note under section 701
of Title 49.
Section Referred to in Other Sections
This section is referred to in sections 807, 824a-3, 1133, 2708 of
this title; title 15 section 79z-5a; title 26 section 168; title 30
section 1141; title 42 sections 7429, 7651d, 8259; title 49 section
60101.
