§ 825q-1. — Office of Public Participation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC825q-1]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER III--LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
Sec. 825q-1. Office of Public Participation
(a)(1) There shall be an office in the Commission to be known as the
Office of Public Participation (hereinafter in this section referred to
as the ``Office'').
(2)(A) The Office shall be administered by a Director. The Director
shall be appointed by the Chairman with the approval of the Commission.
The Director may be removed during his term of office by the Chairman,
with the approval of the Commission, only for inefficiency, neglect of
duty, or malfeasance in office.
(B) The term of office of the Director shall be 4 years. The
Director shall be responsible for the discharge of the functions and
duties of the Office. He shall be appointed and compensated at a rate
not in excess of the maximum rate prescribed for GS-18 of the General
Schedule under section 5332 of title 5.
(3) The Director may appoint, and assign the duties of, employees of
such Office, and with the concurrence of the Commission he may fix the
compensation of such employees and procure temporary and intermittent
services to the same extent as is authorized under section 3109 of title
5.
(b)(1) The Director shall coordinate assistance to the public with
respect to authorities exercised by the Commission. The Director shall
also coordinate assistance available to persons intervening or
participating or proposing to intervene or participate in proceedings
before the Commission.
(2) The Commission may, under rules promulgated by it, provide
compensation for reasonable attorney's fees, expert witness fees, and
other costs of intervening or participating in any proceeding before the
Commission to any person whose intervention or participation
substantially contributed to the approval, in whole or in part, of a
position advocated by such person. Such compensation may be paid only if
the Commission has determined that--
(A) the proceeding is significant, and
(B) such person's intervention or participation in such
proceeding without receipt of compensation constitutes a significant
financial hardship to him.
(3) Nothing in this subsection affects or restricts any rights of
any intervenor or participant under any other applicable law or rule of
law.
(4) There are authorized to be appropriated to the Secretary of
Energy to be used by the Office for purposes of compensation of persons
under the provisions of this subsection not to exceed $500,000 for the
fiscal year 1978, not to exceed $2,000,000 for the fiscal year 1979, not
to exceed $2,200,000 for the fiscal year 1980, and not to exceed
$2,400,000 for the fiscal year 1981.
(June 10, 1920, ch. 285, pt. III, Sec. 319, as added Pub. L. 95-617,
title II, Sec. 212, Nov. 9, 1978, 92 Stat. 3148.)
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.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
