§ 825n. — Forfeiture for violations; recovery; applicability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC825n]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER III--LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
Sec. 825n. Forfeiture for violations; recovery; applicability
(a) Forfeiture
Any licensee or public utility which willfully fails, within the
time prescribed by the Commission, to comply with any order of the
Commission, to file any report required under this chapter or any rule
or regulation of the Commission thereunder, to submit any information or
document required by the Commission in the course of an investigation
conducted under this chapter, or to appear by an officer or agent at any
hearing or investigation in response to a subpena issued under this
chapter, shall forfeit to the United States an amount not exceeding
$1,000 to be fixed by the Commission after notice and opportunity for
hearing. The imposition or payment of any such forfeiture shall not bar
or affect any penalty prescribed in this chapter but such forfeiture
shall be in addition to any such penalty.
(b) Recovery
The forfeitures provided for in this chapter shall be payable into
the Treasury of the United States and shall be recoverable in a civil
suit in the name of the United States, brought in the district where the
person is an inhabitant or has his principal place of business, or if a
licensee or public utility, in any district in which such licensee or
public utility transacts business. It shall be the duty of the various
United States attorneys, under the direction of the Attorney General of
the United States, to prosecute for the recovery of forfeitures under
this chapter. The costs and expenses of such prosecution shall be paid
from the appropriations for the expenses of the courts of the United
States.
(c) Applicability
This subsection \1\ shall not apply in the case of any provision of
section 824j, 824k, 824l, or 824m of this title or any rule or order
issued under any such provision.
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\1\ So in original. Probably should be ``section''.
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(June 10, 1920, ch. 285, pt. III, Sec. 315, as added Aug. 26, 1935, ch.
687, title II, Sec. 213, 49 Stat. 861; amended June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 909; Pub. L. 102-486, title VII, Sec. 725(a), Oct. 24,
1992, 106 Stat. 2920.)
Amendments
1992--Subsec. (c). Pub. L. 102-486 added subsec. (c).
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States
attorney'' for ``district attorney''. See section 541 of Title 28,
Judiciary and Judicial Procedure.
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
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.
