§ 825. — Accounts and records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC825]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER III--LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
Sec. 825. Accounts and records
(a) Duty to keep
Every licensee and public utility shall make, keep, and preserve for
such periods, such accounts, records of cost-accounting procedures,
correspondence, memoranda, papers, books, and other records as the
Commission may by rules and regulations prescribe as necessary or
appropriate for purposes of the administration of this chapter,
including accounts, records, and memoranda of the generation,
transmission, distribution, delivery, or sale of electric energy, the
furnishing of services or facilities in connection therewith, and
receipts and expenditures with respect to any of the foregoing:
Provided, however, That nothing in this chapter shall relieve any public
utility from keeping any accounts, memoranda, or records which such
public utility may be required to keep by or under authority of the laws
of any State. The Commission may prescribe a system of accounts to be
kept by licensees and public utilities and may classify such licensees
and public utilities and prescribe a system of accounts for each class.
The Commission, after notice and opportunity for hearing, may determine
by order the accounts in which particular outlays and receipts shall be
entered, charged, or credited. The burden of proof to justify every
accounting entry questioned by the Commission shall be on the person
making, authorizing, or requiring such entry, and the Commission may
suspend a charge or credit pending submission of satisfactory proof in
support thereof.
(b) Access to and examination by the Commission
The Commission shall at all times have access to and the right to
inspect and examine all accounts, records, and memoranda of licensees
and public utilities, and it shall be the duty of such licensees and
public utilities to furnish to the Commission, within such reasonable
time as the Commission may order, any information with respect thereto
which the Commission may by order require, including copies of maps,
contracts, reports of engineers, and other data, records, and papers,
and to grant to all agents of the Commission free access to its property
and its accounts, records, and memoranda when requested so to do. No
member, officer, or employee of the Commission shall divulge any fact or
information which may come to his knowledge during the course of
examination of books or other accounts, as hereinbefore provided, except
insofar as he may be directed by the Commission or by a court.
(c) Controlling individual
The books, accounts, memoranda, and records of any person who
controls, directly or indirectly, a licensee or public utility subject
to the jurisdiction of the Commission, and of any other company
controlled by such person, insofar as they relate to transactions with
or the business of such licensee or public utility, shall be subject to
examination on the order of the Commission.
(June 10, 1920, ch. 285, pt. III, Sec. 301, as added Aug. 26, 1935, ch.
687, title II, Sec. 213, 49 Stat. 854.)
Transfer of Functions
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions which were 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.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Section Referred to in Other Sections
This section is referred to in sections 825b, 828b of this title;
title 42 section 7172.
