§ 824j. — Wheeling 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: 16USC824j]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
INTERSTATE COMMERCE
Sec. 824j. Wheeling authority
(a) Transmission service by any electric utility; notice, hearing and
findings by Commission
Any electric utility, Federal power marketing agency, or any other
person generating electric energy for sale for resale, may apply to the
Commission for an order under this subsection requiring a transmitting
utility to provide transmission services (including any enlargement of
transmission capacity necessary to provide such services) to the
applicant. Upon receipt of such application, after public notice and
notice to each affected State regulatory authority, each affected
electric utility, and each affected Federal power marketing agency, and
after affording an opportunity for an evidentiary hearing, the
Commission may issue such order if it finds that such order meets the
requirements of section 824k of this title, and would otherwise be in
the public interest. No order may be issued under this subsection unless
the applicant has made a request for transmission services to the
transmitting utility that would be the subject of such order at least 60
days prior to its filing of an application for such order.
(b) Reliability of electric service
No order may be issued under this section or section 824i of this
title if, after giving consideration to consistently applied regional or
national reliability standards, guidelines, or criteria, the Commission
finds that such order would unreasonably impair the continued
reliability of electric systems affected by the order.
(c) Replacement of electric energy
(1) Repealed. Pub. L. 102-486, title VII, Sec. 721(4)(A), Oct. 24,
1992, 106 Stat. 2915.
(2) No order may be issued under subsection (a) or (b) of this
section which requires the transmitting utility subject to the order to
transmit, during any period, an amount of electric energy which replaces
any amount of electric energy--
(A) required to be provided to such applicant pursuant to a
contract during such period, or
(B) currently provided to the applicant by the utility subject
to the order pursuant to a rate schedule on file during such period
with the Commission: Provided, That nothing in this subparagraph
shall prevent an application for an order hereunder to be filed
prior to termination of \1\ modification of an existing rate
schedule: Provided, That such order shall not become effective until
termination of such rate schedule or the modification becomes
effective.
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\1\ So in original. Probably should be ``or''.
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(d) Termination or modification of order; notice, hearing and findings
of Commission; contents of order; inclusion in order of terms
and conditions agreed upon by parties
(1) Any transmitting utility ordered under subsection (a) or (b) of
this section to provide transmission services may apply to the
Commission for an order permitting such transmitting utility to cease
providing all, or any portion of, such services. After public notice,
notice to each affected State regulatory authority, each affected
Federal power marketing agency, each affected transmitting utility, and
each affected electric utility, and after an opportunity for an
evidentiary hearing, the Commission shall issue an order terminating or
modifying the order issued under subsection (a) or (b) of this section,
if the electric utility providing such transmission services has
demonstrated, and the Commission has found, that--
(A) due to changed circumstances, the requirements applicable,
under this section and section 824k of this title, to the issuance
of an order under subsection (a) or (b) of this section are no
longer met, or \2\
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\2\ So in original. The word ``or'' probably should not appear.
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(B) any transmission capacity of the utility providing
transmission services under such order which was, at the time such
order was issued, in excess of the capacity necessary to serve its
own customers is no longer in excess of the capacity necessary for
such purposes, or
(C) the ordered transmission services require enlargement of
transmission capacity and the transmitting utility subject to the
order has failed, after making a good faith effort, to obtain the
necessary approvals or property rights under applicable Federal,
State, and local laws.
No order shall be issued under this subsection pursuant to a finding
under subparagraph (A) unless the Commission finds that such order is in
the public interest.
(2) Any order issued under this subsection terminating or modifying
an order issued under subsection (a) or (b) of this section shall--
(A) provide for any appropriate compensation, and
(B) provide the affected electric utilities adequate opportunity
and time to--
(i) make suitable alternative arrangements for any
transmission services terminated or modified, and
(ii) insure that the interests of ratepayers of such
utilities are adequately protected.
(3) No order may be issued under this subsection terminating or
modifying any order issued under subsection (a) or (b) of this section
if the order under subsection (a) or (b) of this section includes terms
and conditions agreed upon by the parties which--
(A) fix a period during which transmission services are to be
provided under the order under subsection (a) or (b) of this
section, or
(B) otherwise provide procedures or methods for terminating or
modifying such order (including, if appropriate, the return of the
transmission capacity when necessary to take into account an
increase, after the issuance of such order, in the needs of the
transmitting utility subject to such order for transmission
capacity).
(e) ``Facilities'' defined
As used in this section, the term ``facilities'' means only
facilities used for the generation or transmission of electric energy.
(June 10, 1920, ch. 285, pt. II, Sec. 211, as added Pub. L. 95-617,
title II, Sec. 203, Nov. 9, 1978, 92 Stat. 3136; amended Pub. L. 96-294,
title VI, Sec. 643(a)(3), June 30, 1980, 94 Stat. 770; Pub. L. 99-495,
Sec. 15, Oct. 16, 1986, 100 Stat. 1257; Pub. L. 102-486, title VII,
Sec. 721, Oct. 24, 1992, 106 Stat. 2915.)
Amendments
1992--Subsec. (a). Pub. L. 102-486, Sec. 721(1), amended first
sentence generally. Prior to amendment, first sentence read as follows:
``Any electric utility, geothermal power producer (including a producer
which is not an electric utility), or Federal power marketing agency may
apply to the Commission for an order under this subsection requiring any
other electric utility to provide transmission services to the applicant
(including any enlargement of transmission capacity necessary to provide
such services).''
Pub. L. 102-486, Sec. 721(2), in second sentence, substituted ``the
Commission may issue such order if it finds that such order meets the
requirements of section 824k of this title, and would otherwise be in
the public interest. No order may be issued under this subsection unless
the applicant has made a request for transmission services to the
transmitting utility that would be the subject of such order at least 60
days prior to its filing of an application for such order.'' for ``the
Commission may issue such order if it finds that such order--
``(1) is in the public interest,
``(2) would--
``(A) conserve a significant amount of energy,
``(B) significantly promote the efficient use of facilities
and resources, or
``(C) improve the reliability of any electric utility system
to which the order applies, and
``(3) meets the requirements of section 824k of this title.''
Subsec. (b). Pub. L. 102-486, Sec. 721(3), amended subsec. (b)
generally, substituting provisions relating to reliability of electric
service for provisions which related to transmission service by sellers
of electric energy for resale and notice, hearing, and determinations by
Commission.
Subsec. (c). Pub. L. 102-486, Sec. 721(4), struck out pars. (1),
(3), and (4), and substituted ``which requires the transmitting'' for
``which requires the electric'' in introductory provisions of par. (2).
Prior to amendment, pars. (1), (3), and (4) read as follows:
``(1) No order may be issued under subsection (a) of this section
unless the Commission determines that such order would reasonably
preserve existing competitive relationships.
``(3) No order may be issued under the authority of subsection (a)
or (b) of this section which is inconsistent with any State law which
governs the retail marketing areas of electric utilities.
``(4) No order may be issued under subsection (a) or (b) of this
section which provides for the transmission of electric energy directly
to an ultimate consumer.''
Subsec. (d). Pub. L. 102-486, Sec. 721(5), in first sentence
substituted ``transmitting'' for ``electric'' before ``utility'' in two
places, in second sentence inserted ``each affected transmitting
utility,'' before ``and each affected electric utility'', in par. (1)
substituted ``, or'' for period at end of subpar. (B) and added subpar.
(C), and in par. (3)(B) substituted ``transmitting'' for ``electric''
before ``utility''.
1986--Subsec. (c)(2)(B). Pub. L. 99-495 inserted provisions that
nothing in this subparagraph shall prevent an application for an order
hereunder to be filed prior to termination or modification of an
existing rate schedule, provided that such order shall not become
effective until termination of such rate schedule or the modification
becomes effective.
1980--Subsec. (a). Pub. L. 96-294 added applicability to geothermal
power producers.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
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
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.
Section Referred to in Other Sections
This section is referred to in sections 824, 824a-3, 824k, 825n,
825o, 825o-1 of this title; title 26 section 142.
