U.S. Code » Title 16 » Chapter CHAPTER 46— PUBLIC UTILITY REGULATORY POLICIES

16 U.S.C. § 2601

Findings

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The Congress finds that the protection of the public health, safety, and welfare, the preservation of national security, and the proper exercise of congressional authority under the Constitution to regulate interstate commerce require—(1) a program providing for increased conservation of electric energy, increased efficiency in the use of facilities and resources by electric utilities, and equitable retail rates for electric consumers,(2) a program to improve the wholesale distribution of electric energy, the reliability of electric service, the procedures concerning consideration of wholesale rate applications before the Federal Energy Regulatory Commission, the participation of the public in matters before the Commission, and to provide other measures with respect to the regulation of the wholesale sale of electric energy,(3) a program to provide for the expeditious development of hydroelectric potential at existing small dams to provide needed hydroelectric power,(4) a program for the conservation of natural gas while insuring that rates to natural gas consumers are equitable,(5) a program to encourage the development of crude oil transportation systems, and(6) the establishment of certain other authorities as provided in title VI of this Act.(Pub. L. 95–617, § 2, Nov. 9, 1978, 92 Stat. 3119.)Editorial NotesReferences in Text

This Act, referred to in par. (6), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. Title VI of this Act enacted sections 824a–4 and 2645 of this title, section 918c of Title 7, Agriculture, and sections 717x to 717z of Title 15, Commerce and Trade, amended section 717f of Title 15 and sections 1311, 1312, and 1314 to 1316 of Title 30, Mineral Lands and Mining, and enacted provisions set out as a note under section 2621 of this title. For complete classification of this Act to the Code, see Short Title note below and Tables.

Codification

This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 95–617, § 1, Nov. 9, 1978, 92 Stat. 3117, provided that: “This Act [enacting this chapter, and sections 823a, 824a–1 to 824a–4, 824i to 824k, 825q–1, and 2701 to 2708 of this title, section 918c of Title 7, Agriculture, sections 717x to 717z and 3201 to 3211 of Title 15, Commerce and Trade, section 6808 of Title 42, The Public Health and Welfare, and sections 2001 to 2012 of Title 43, Public Lands, amending sections 796, 824, 824a, 824d, and 825d of this title, section 717f of Title 15, sections 1311, 1312, and 1314 to 1316 of Title 30, Mineral Lands and Mining, and sections 6801 to 6807 of Title 42, and enacting provisions set out as notes under sections 824, 824a, 824d, 825d, and 2621 of this title] may be cited as the ‘Public Utility Regulatory Policies Act of 1978’.”

Notes of Decisions
Cited in 73 cases (3 in the last 5 years), 1979–2026 · leading case: Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982).
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Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). · cites it 4× “The difficulty with these arguments is that they disregard entirely the specific congressional finding, in § 2 of the Act, 16 U. S. C. § 2601 , that the regulated activities have an immediate effect on interstate commerce.”
New York v. Fed. Energy Regulatory Comm'n, 535 U.S. 1 (2002). · cites it 2× “3117 , 16 U. S. C. § 2601 et seq., to promote the development of new generating facilities and to conserve the use of fossil fuels.”
Consumers Lobby Against Monopolies v. Pub. Utils. Comm'n, 603 P.2d 41 (Cal. 1979). · cites it 2× “" [9] For example, in a statute enacted after the decisions herein and applicable only to electric utility rate-making proceedings (Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.), Congress prescribed that any consumer "may intervene and participate as…”
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 733 F.3d 393 (2d Cir. 2013). · cites it 2× “First, Congress 20 passed the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. §§ 2601 et seq., 21 which sought “to promote the development of new generating facilities and to conserve the use 22 of fossil fuels.”
Winding Creek Solar LLC v. Carla Peterman, 932 F.3d 861 (9th Cir. 2019). “The Public Utility Regulatory Policies Act of 1978 (“PURPA”), 16 U.S.C. § 2601 et seq., requires electric utilities to buy all the power produced by alternative energy generators known as Qualifying Cogeneration Facilities (“QFs”).”
Mountain States Legal Found. v. Utah Pub. Serv. Comm'n, 636 P.2d 1047 (Utah 1981). · cites it 2× “3119 , 16 U.S.C. §§ 2601 et seq. In addition, students of public utility regulation have argued for new approaches in cost allocations and rate structures generally.”
Idaho Power Co. v. Idaho Pub. Utils. Comm'n, 639 P.2d 442 (Idaho 1981). · cites it 2× “On November 9, 1978, President Carter signed the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq., hereinafter referred to as PURPA or the Act.”
Senior Citizens Coalition of Ne. Minnesota v. Minnesota Pub. Utils. Comm'n, 355 N.W.2d 295 (Minn. 1984). · cites it 3× “One commissioner dissented on the ground that the PUC had granted interve-nor compensation in the past “largely” based on provisions in the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq. (1983), and that it should continue to do so.”
Allied Chem. v. Niagara Mohawk Power Corp., 528 N.E.2d 153 (N.Y. 1988). “The Public Utility Regulatory Policies Act of 1978 (PURPA) ( 16 USC § 2601 et seq.) and the regulations of the Federal Energy Regulatory Commission (see, 18 CFR 292.”
Zimmerman v. Bd. of Cnty. Commissioners, 218 P.3d 400 (Kan. 2009). “Issue 6: The district court did not err in dismissing Intervenors’ claim alleging preemption hy federal law.”
Sierra Club v. Pub. Serv. Comm'n of West Virginia, 827 S.E.2d 224 (W. Va. 2019). “" 16 U.S.C. § 2601 [1978]. Congress also intended for PURPA to encourage the adoption of alternative energy sources, including small power production facilities 2 and cogeneration facilities.”
Gregory Swecker v. Midland Power Coop., 807 F.3d 883 (8th Cir. 2015). · cites it 4× “” 16 U.S.C. § 2601 (1). “Section 210 of PURPA’s Title II, 92 Stat.”
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