§ 824i. — Interconnection authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC824i]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
INTERSTATE COMMERCE
Sec. 824i. Interconnection authority
(a) Powers of Commission; application by State regulatory authority
(1) Upon application of any electric utility, Federal power
marketing agency, geothermal power producer (including a producer which
is not an electric utility), qualifying cogenerator, or qualifying small
power producer, the Commission may issue an order requiring--
(A) the physical connection of any cogeneration facility, any
small power production facility, or the transmission facilities of
any electric utility, with the facilities of such applicant,
(B) such action as may be necessary to make effective any
physical connection described in subparagraph (A), which physical
connection is ineffective for any reason, such as inadequate size,
poor maintenance, or physical unreliability,
(C) such sale or exchange of electric energy or other
coordination, as may be necessary to carry out the purposes of any
order under subparagraph (A) or (B), or
(D) such increase in transmission capacity as may be necessary
to carry out the purposes of any order under subparagraph (A) or
(B).
(2) Any State regulatory authority may apply to the Commission for
an order for any action referred to in subparagraph (A), (B), (C), or
(D) of paragraph (1). No such order may be issued by the Commission with
respect to a Federal power marketing agency upon application of a State
regulatory authority.
(b) Notice, hearing and determination by Commission
Upon receipt of an application under subsection (a) of this section,
the Commission shall--
(1) issue notice to each affected State regulatory authority,
each affected electric utility, each affected Federal power
marketing agency, each affected owner or operator of a cogeneration
facility or of a small power production facility, and to the public.
(2) afford an opportunity for an evidentiary hearing, and
(3) make a determination with respect to the matters referred to
in subsection (c) of this section.
(c) Necessary findings
No order may be issued by the Commission under subsection (a) of
this section unless the Commission determines that such order--
(1) is in the public interest,
(2) would--
(A) encourage overall conservation of energy or capital,
(B) optimize the efficiency of use of facilities and
resources, or
(C) improve the reliability of any electric utility system
or Federal power marketing agency to which the order applies,
and
(3) meets the requirements of section 824k of this title.
(d) Motion of Commission
The Commission may, on its own motion, after compliance with the
requirements of paragraphs (1) and (2) of subsection (b) of this
section, issue an order requiring any action described in subsection
(a)(1) of this section if the Commission determines that such order
meets the requirements of subsection (c) of this section. No such order
may be issued upon the Commission's own motion with respect to a Federal
power marketing agency.
(e) Definitions
(1) As used in this section, the term ``facilities'' means only
facilities used for the generation or transmission of electric energy.
(2) With respect to an order issued pursuant to an application of a
qualifying cogenerator or qualifying small power producer under
subsection (a)(1) of this section, the term ``facilities of such
applicant'' means the qualifying cogeneration facilities or qualifying
small power production facilities of the applicant, as specified in the
application. With respect to an order issued pursuant to an application
under subsection (a)(2) of this section, the term ``facilities of such
applicant'' means the qualifying cogeneration facilities, qualifying
small power production facilities, or the transmission facilities of an
electric utility, as specified in the application. With respect to an
order issued by the Commission on its own motion under subsection (d) of
this section, such term means the qualifying cogeneration facilities,
qualifying small power production facilities, or the transmission
facilities of an electric utility, as specified in the proposed order.
(June 10, 1920, ch. 285, pt. II, Sec. 210, as added Pub. L. 95-617,
title II, Sec. 202, Nov. 9, 1978, 92 Stat. 3135; amended Pub. L. 96-294,
title VI, Sec. 643(a)(2), June 30, 1980, 94 Stat. 770.)
Amendments
1980--Subsec. (a)(1). Pub. L. 96-294 added applicability to
geothermal power producers.
Transfer of Functions
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
Study and Report to Congressional Committees on Application of
Provisions Relating to Cogeneration, Small Power Production, and
Interconnection Authority to Hydroelectric Power Facilities
For provisions requiring the Federal Energy Regulatory Commission to
conduct a study and report to Congress on whether the benefits of this
section and section 824a-3 of this title should be applied to
hydroelectric power facilities utilizing new dams or diversions, within
the meaning of section 824a-3(k) of this title, see section 8(d) of Pub.
L. 99-495, set out as a note under section 824a-3 of this title.
Section Referred to in Other Sections
This section is referred to in sections 824, 824a-3, 824j, 824k of
this title.
