§ 825m. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC825m]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER III--LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
Sec. 825m. Enforcement provisions
(a) Enjoining and restraining violations
Whenever it shall appear to the Commission that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this chapter, or of any
rule, regulation, or order thereunder, it may in its discretion bring an
action in the proper District Court of the United States or the United
States courts of any Territory or other place subject to the
jurisdiction of the United States, to enjoin such acts or practices and
to enforce compliance with this chapter or any rule, regulation, or
order thereunder, and upon a proper showing a permanent or temporary
injunction or decree or restraining order shall be granted without bond.
The Commission may transmit such evidence as may be available concerning
such acts or practices to the Attorney General, who, in his discretion,
may institute the necessary criminal proceedings under this chapter.
(b) Writs of mandamus
Upon application of the Commission the district courts of the United
States and the United States courts of any Territory or other place
subject to the jurisdiction of the United States shall have jurisdiction
to issue writs of mandamus commanding any person to comply with the
provisions of this chapter or any rule, regulation, or order of the
Commission thereunder.
(c) Employment of attorneys
The Commission may employ such attorneys as it finds necessary for
proper legal aid and service of the Commission or its members in the
conduct of their work, or for proper representation of the public
interests in investigations made by it or cases or proceedings pending
before it, whether at the Commission's own instance or upon complaint,
or to appear for or represent the Commission in any case in court; and
the expenses of such employment shall be paid out of the appropriation
for the Commission.
(June 10, 1920, ch. 285, pt. III, Sec. 314, as added Aug. 26, 1935, ch.
687, title II, Sec. 213, 49 Stat. 861; amended June 25, 1936, ch. 804,
49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24,
1949, ch. 139, Sec. 127, 63 Stat. 107.)
Codification
As originally enacted subsecs. (a) and (b) contained references to
the Supreme Court of the District of Columbia. Act June 25, 1936,
substituted ``the district court of the United States for the District
of Columbia'' for ``the Supreme Court of the District of Columbia'', and
act June 25, 1948, as amended by act May 24, 1949, substituted ``United
States District Court for the District of Columbia'' for ``district
court of the United States for the District of Columbia''. However, the
words ``United States District Court for the District of Columbia'' have
been deleted entirely as superfluous in view of section 132(a) of Title
28, Judiciary and Judicial Procedure, which states that ``There shall be
in each judicial district a district court which shall be a court of
record known as the United States District Court for the district'', and
section 88 of Title 28 which states that ``the District of Columbia
constitutes one judicial district''.
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.
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 title 42 section 7172.
