§ 824a-1. — Pooling.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC824a-1]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
INTERSTATE COMMERCE
Sec. 824a-1. Pooling
(a) State laws
The Commission may, on its own motion, and shall, on application of
any person or governmental entity, after public notice and notice to the
Governor of the affected State and after affording an opportunity for
public hearing, exempt electric utilities, in whole or in part, from any
provision of State law, or from any State rule or regulation, which
prohibits or prevents the voluntary coordination of electric utilities,
including any agreement for central dispatch, if the Commission
determines that such voluntary coordination is designed to obtain
economical utilization of facilities and resources in any area. No such
exemption may be granted if the Commission finds that such provision of
State law, or rule or regulation--
(1) is required by any authority of Federal law, or
(2) is designed to protect public health, safety, or welfare, or
the environment or conserve energy or is designed to mitigate the
effects of emergencies resulting from fuel shortages.
(b) Pooling study
(1) The Commission, in consultation with the reliability councils
established under section 202(a) of the Federal Power Act [16 U.S.C.
824a], the Secretary, and the electric utility industry shall study the
opportunities for--
(A) conservation of energy,
(B) optimization in the efficiency of use of facilities and
resources, and
(C) increased reliability,
through pooling arrangements. Not later than 18 months after November 9,
1978, the Commission shall submit a report containing the results of
such study to the President and the Congress.
(2) The Commission may recommend to electric utilities that such
utilities should voluntarily enter into negotiations where the
opportunities referred to in paragraph (1) exist. The Commission shall
report annually to the President and the Congress regarding any such
recommendations and subsequent actions taken by electric utilities, by
the Commission, and by the Secretary under this Act, the Federal Power
Act [16 U.S.C. 791a et seq.], and any other provision of law. Such
annual reports shall be included in the Commission's annual report
required under the Department of Energy Organization Act [42 U.S.C. 7101
et seq.].
(Pub. L. 95-617, title II, Sec. 205, Nov. 9, 1978, 92 Stat. 3140.)
References in Text
The Commission, referred to in text, means the Federal Energy
Regulatory Commission. See section 2602(3) of this title
The Secretary, referred to in subsec. (b), means the Secretary of
Energy. See section 2602(14) of this title.
This Act, referred to in subsec. (b)(2), means Pub. L. 95-617, Nov.
9, 1978, 92 Stat. 3117, known as the ``Public Utility Regulatory
Policies Act of 1978''. For complete classification of this Act to the
Code, see Short Title note set out under section 2601 of this title and
Tables.
The Federal Power Act, referred to in subsec. (b)(2), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to this chapter. For complete classification of this Act to
the Code, see section 791a of this title and Tables.
The Department of Energy Organization Act, referred to in subsec.
(b)(2), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended, which
is classified principally to chapter 84 (Sec. 7101 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 7101 of Title 42
and Tables.
Codification
Section was enacted as part of the Public Utility Regulatory
Policies Act of 1978, and not as part of the Federal Power Act which
generally comprises this chapter.
