16 U.S.C. § 812

Public-service licensee; regulations by State or by commission as to service, rates, charges, etc.

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As a condition of the license, every licensee under this chapter which is a public-service corporation, or a person, association, or corporation owning or operating any project and developing, transmitting, or distributing power for sale or use in public service, shall abide by such reasonable regulation of the services to be rendered to customers or consumers of power, and of rates and charges of payment therefor, as may from time to time be prescribed by any duly constituted agency of the State in which the service is rendered or the rate charged. That in case of the development, transmission, or distribution, or use in public service of power by any licensee under this chapter or by its customer engaged in public service within a State which has not authorized and empowered a commission or other agency or agencies within said State to regulate and control the services to be rendered by such licensee or by its customer engaged in public service, or the rates and charges of payment therefor, or the amount or character of securities to be issued by any of said parties, it is agreed as a condition of such license that jurisdiction is conferred upon the commission, upon complaint of any person aggrieved or upon its own initiative, to exercise such regulation and control until such time as the State shall have provided a commission or other authority for such regulation and control: Provided, That the jurisdiction of the commission shall cease and determine as to each specific matter of regulation and control prescribed in this section as soon as the State shall have provided a commission or other authority for the regulation and control of that specific matter.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1932–2023 · leading case: Sabal Trail Transmission, LLC v. 2.468 Acres of Land in Levy Cnty. Florida, 59 F.4th 1158 (11th Cir. 2023).

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Sabal Trail Transmission, LLC v. 2.468 Acres of Land in Levy Cnty. Florida, 59 F.4th 1158 (11th Cir. 2023). “As examples of this, we pointed to 16 U.S.C. §§ 812 and 813, which “expressly limit[ed] the Commission’s authority to regulate rates and other charges, which are directly related to energy costs, to USCA11 Case: 21-11995 Document: 56-1 Date Filed: 02/03/2023 Page: 21 of 41…”

Grand River Dam Auth. v. Grand-Hydro, 335 U.S. 359 (1949). · cites it 2× “1073 , 16 U.S.C. §§ 812 , 813, and see 41 Stat. 1071 , as amended, 49 Stat.”

In Re Nitec Paper Corp., 43 B.R. 492 (S.D.N.Y. 1984). “” 16 U.S.C. § 812 . The Power Authority received a copy of the proposed order from Nitec with a request for its endorsement.”

Georgia Power Co. v. 54.20 Acres of Land, 563 F.2d 1178 (5th Cir. 1977). · cites it 2× “§ 813 (1970) places similar limits on other powers of regulation. We are not persuaded by the argument that the $3,000 in controversy requirement shows that Section 21 is a jurisdictional provision.”

Fed. Power Comm'n v. Union Elec. Co., 381 U.S. 90 (1965). “1073 , 16 U. S. C. § 812 (1958 ed.). Under § 14, 49 Stat.”

Louisville Gas & Elec. Co. v. Fed. Power Comm'n, 129 F.2d 126 (6th Cir. 1942). “In urging that the Commission has no jurisdiction over rates, services, or securities, the petitioner points to § 19 of the 1920 Act, 16 U.S.C.A. § 812 , which limits jurisdiction over rates, services, or securities, to those utilities which are not being regulated by a state…”

Safe Harbor Water Power Corp. v. Fed. Power Comm'n, 124 F.2d 800 (3rd Cir. 1941). “It must be borne in mind that Safe Harbor was licensed under Section 19 of the Act, 16 U.S.C.A. § 812 , by the Federal Power Commission .”

Georgia Power Co. v. 138.30 Acres of Land, 617 F.2d 1112 (5th Cir. 1980). “We think that Sections 19 and 20, 16 U.S.C. §§ 812 and 813, expressly limiting the Commission’s authority to regulate rates and other charges, which are directly related to energy costs, to situations where a state does not have its own regulations, is telling of the absence of…”

Util. Users League & Nickolas L. Barnes v. Fed. Power Comm'n, Commonwealth Edison Co., Intervenor, 394 F.2d 16 (7th Cir. 1968). “§ 824a(a), and where rates are subject to federa) or state regulation, 16 U.S.C.A. §§ 812 , 824d, injury to the consumer cannot be inferred from a merger, but must be demonstrated.”

Clarion River Power Co. v. Smith, 59 F.2d 861 (D.D.C. 1932). “” Section 19 (16 USCA § 812) makes it a condition of the license that every licensee “which is a public-service corporation, or a person, association, or corporation owning or operating any project and developing, transmitting, or distributing power for sale or use in public…”

Cytline, LLC v. Pub. Util. Dist. No. 2 (9th Cir. 2021). “16 U.S.C. §§ 812–813; Mayer, 895 F.3d at 699 .”

Sw. Elec. Power Co. v. Fed. Power Comm'n, 304 F.2d 29 (5th Cir. 1962). “…profits” of licensees (§ 10(d)) ( 16 U.S.C.A. § 803 (d)), and to regulate the rates of licensees (§§ 19 and 20) ( 16 U.S.C.A. §§ 812 , 813), and public utilities (§ 205(a)), (16 U.S.C.A. § 824d(a)). The setting up of appropriate accounting procedures would appear to be a…”

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