§ 813. — Power entering into interstate commerce; regulation of rates, charges, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC813]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 813. Power entering into interstate commerce; regulation of
rates, charges, etc.
When said power or any part thereof shall enter into interstate or
foreign commerce the rates charged and the service rendered by any such
licensee, or by any subsidiary corporation, the stock of which is owned
or controlled directly or indirectly by such licensee, or by any person,
corporation, or association purchasing power from such licensee for sale
and distribution or use in public service shall be reasonable,
nondiscriminatory, and just to the customer and all unreasonable
discriminatory and unjust rates or services are prohibited and declared
to be unlawful; and whenever any of the States directly concerned has
not provided a commission or other authority to enforce the requirements
of this section within such State or to regulate and control the amount
and character of securities to be issued by any of such parties, or such
States are unable to agree through their properly constituted
authorities on the services to be rendered, or on the rates or charges
of payment therefor, or on the amount or character of securities to be
issued by any of said parties, jurisdiction is conferred upon the
commission, upon complaint of any person, aggrieved, upon the request of
any State concerned, or upon its own initiative to enforce the
provisions of this section, to regulate and control so much of the
services rendered, and of the rates and charges of payment therefor as
constitute interstate or foreign commerce and to regulate the issuance
of securities by the parties included within this section, and
securities issued by the licensee subject to such regulations shall be
allowed only for the bona fide purpose of financing and conducting the
business of such licensee.
The administration of the provisions of this section, so far as
applicable, shall be according to the procedure and practice in fixing
and regulating the rates, charges, and practices of railroad companies
as provided in subtitle IV of title 49, and the parties subject to such
regulation shall have the same rights of hearing, defense, and review as
said companies in such cases.
In any valuation of the property of any licensee hereunder for
purposes of rate making, no value shall be claimed by the licensee or
allowed by the commission for any project or projects under license in
excess of the value or values prescribed in section 807 of this title
for the purposes of purchase by the United States, but there shall be
included the cost to such licensee of the construction of the lock or
locks or other aids of navigation and all other capital expenditures
required by the United States, and no value shall be claimed or allowed
for the rights granted by the commission or by this chapter.
(June 10, 1920, ch. 285, pt. I, Sec. 20, 41 Stat. 1073; renumbered pt.
I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)
Codification
``Subtitle IV of title 49'' substituted in text for ``the Act to
regulate commerce, approved February 4, 1887, as amended'' on authority
of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first
section of which enacted subtitle IV of Title 49, Transportation.
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.
