A commission is created and established to be known as the Federal Power Commission (hereinafter referred to as the “commission”) which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission. Each chairman, when so designated, shall act as such until the expiration of his term of office.
The commissioners first appointed under this section, as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from June 23, 1930, the term of each to be designated by the President at the time of nomination. Their successors shall be appointed each for a term of five years from the date of the expiration of the term for which his predecessor was appointed and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioners. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman.
Each commissioner shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitation prescribed by law, while away from the seat of government upon official business.
The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States.
Notes of Decisions
Fed. Trade Comm'n v. Flotill Prods., Inc., 389 U.S. 179 (1967).
· cites it 3× “§ 17 (1) [sic]; Federal Power Commission, 16 U. S. C. § 792 ,” 358 F. 2d, at 229. 9 How *186 ever, in another statute, reorganizing the Federal Maritime Commission, Congress enacted not the common-law rule but a unanimous concurrence provision, Reorganization Plan No.”
United States Ex Rel. Chapman v. Fed. Power Comm'n, 345 U.S. 153 (1953).
· cites it 2× “797 , 16 U. S. C. § 792 . These enactments expressed general policies and granted broad administrative and investigative power, making the Commission the permanent disinterested expert agency of Congress to carry out these policies.”
Mirant Corp. v. Potomac Elec. Power Co. (In Re Mirant Corp.), 378 F.3d 511 (5th Cir. 2004).
“In contrast FERC and the Potomac Electric Power Company (“PEPCO”) maintain that because the Federal Power Act, 16 U.S.C. § 792 et seq. (the “FPA”), grants FERC the exclusive authority to regulate the wholesale rates in contracts for the interstate sale of electric power, any…”
Chemehuevi Tribe of Indians v. Fed. Power Comm'n, 420 U.S. 395 (1975).
· cites it 2× “838 , as amended, 16 U. S. C. §§ 792 -825u. The 1935 Act added Parts II and III to the Federal Power Act to regulate the interstate transmission and sale of electricity.”
Kansas Corp. Comm'n v. Fed. Energy Regulatory Comm'n, 881 F.3d 924 (D.C. Cir. 2018).
“KCC argues that FERC cannot determine, as it must under the Federal Power Act, 16 U.S.C. §§ 792 et seq., that the formula rates for such not-yet-existing entities to implement at some point in the future are “just and reasonable,” id.”
Connecticut Light & Power Co. v. Fed. Power Comm'n, 324 U.S. 515 (1945).
· cites it 2× “838 , 16 U.S.C. § 792 et seq., declares a congressional policy concerning the business of transmitting and selling electric energy for ultimate distribution to the public, and states that regulation of "that part of such business which consists of the transmission of electric…”
New York v. Fed. Energy Regulatory Comm'n, 783 F.3d 946 (2d Cir. 2015).
· cites it 2× “803 , 838–54 (1935) (codified at 16 U.S.C. § 792 et seq.), grants the Federal Power Commission, and now its successor agency FERC, regulatory authority over interstate aspects of the nation’s electric power system.”
San Diego Gas & Elec. Co. v. Fed. Energy Regulatory Comm'n, 913 F.3d 127 (D.C. Cir. 2019).
“Regulatory Context In an effort to bolster investment in "reliable and economically efficient" energy transmission infrastructure, Congress in 2005 amended the Federal Power Act (FPA), 16 U.S.C. § 792 et seq ., to require FERC to promulgate a rule to establish "incentive-based"…”
United States v. Appalachian Elec. Power Co., 107 F.2d 769 (4th Cir. 1939).
· cites it 2× “" Under the original Act of 1920, 16 U.S.C.A. § 792 , the Commission was composed of the Secretaries of War, Interior and Agriculture; but by amendment of June 23, 1930, 46 Stat.”
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