16 U.S.C. § 813

Power entering into interstate commerce; regulation of rates, charges, etc.

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When said power or any part thereof shall enter into interstate or foreign commerce the rates charged and the service rendered by any such licensee, or by any subsidiary corporation, the stock of which is owned or controlled directly or indirectly by such licensee, or by any person, corporation, or association purchasing power from such licensee for sale and distribution or use in public service shall be reasonable, nondiscriminatory, and just to the customer and all unreasonable discriminatory and unjust rates or services are prohibited and declared to be unlawful; and whenever any of the States directly concerned has not provided a commission or other authority to enforce the requirements of this section within such State or to regulate and control the amount and character of securities to be issued by any of such parties, or such States are unable to agree through their properly constituted authorities on the services to be rendered, or on the rates or charges of payment therefor, or on the amount or character of securities to be issued by any of said parties, jurisdiction is conferred upon the commission, upon complaint of any person, aggrieved, upon the request of any State concerned, or upon its own initiative to enforce the provisions of this section, to regulate and control so much of the services rendered, and of the rates and charges of payment therefor as constitute interstate or foreign commerce and to regulate the issuance of securities by the parties included within this section, and securities issued by the licensee subject to such regulations shall be allowed only for the bona fide purpose of financing and conducting the business of such licensee.

The administration of the provisions of this section, so far as applicable, shall be according to the procedure and practice in fixing and regulating the rates, charges, and practices of railroad companies as provided in subtitle IV of title 49, and the parties subject to such regulation shall have the same rights of hearing, defense, and review as said companies in such cases.

In any valuation of the property of any licensee hereunder for purposes of rate making, no value shall be claimed by the licensee or allowed by the commission for any project or projects under license in excess of the value or values prescribed in section 807 of this title for the purposes of purchase by the United States, but there shall be included the cost to such licensee of the construction of the lock or locks or other aids of navigation and all other capital expenditures required by the United States, and no value shall be claimed or allowed for the rights granted by the commission or by this chapter.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1941–2021 · leading case: Blocktree Props., LLC v. Pub. Util. Dist. No. 2 of Grant Cnty. Wash., Mun. Corp., 380 F. Supp. 3d 1102 (E.D. Wash. 2019).

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Blocktree Props., LLC v. Pub. Util. Dist. No. 2 of Grant Cnty. Wash., Mun. Corp., 380 F. Supp. 3d 1102 (E.D. Wash. 2019). · cites it 4× “Federal Power Act Blocktree argues that the District also violated the Federal Power Act, *1121 16 U.S.C. § 813 , because RS-17 is unreasonable and discriminatory.”

United States v. Pub. Utils. Comm'n, 345 U.S. 295 (1953). · cites it 2× “1073 , 16 U. S. C. § 813 . Both Nevada and California have regulatory agencies with certain rate powers.”

Fed. Power Comm'n v. Niagara Mohawk Power Corp., 347 U.S. 239 (1954). · cites it 2× “1073 -1074, 16 U. S. C. § 813 ; and § 26 as to a purchase by the Government at a judicial sale, 41 Stat.”

Niagara Falls Power Co. v. Fed. Power Comm'n, 137 F.2d 787 (2d Cir. 1943). · cites it 2× “§ 20, 16 U.S.C.A. § 813 . Section 3(13), 16 U.S.”

Safe Harbor Water Power Corp. v. Fed. Power Comm'n, 124 F.2d 800 (3rd Cir. 1941). · cites it 2× “The first is: Has this court jurisdiction to review the rate order made by the Commission under Section 20 ? Second: Is the order of the Commission reducing the licensees’ rates invalid because made without jurisdiction and in disregard of the provisions of Section 20 of Part I…”

Georgia Power Co. v. 54.20 Acres of Land, 563 F.2d 1178 (5th Cir. 1977). · cites it 2× “It is true that this requirement parallels the amount in controversy requirement for diversity cases at the time the Federal Power Act was enacted.”

Occidental Chem. Corp. v. Louisiana Pub. Serv. Comm'n, 494 F. Supp. 2d 401 (M.D. La. 2007). “” 16 U.S.C. §§ 813 , 824d(a), 824(d), 824e(a).”

Pennsylvania Water & Power Co. v. Consol. Gas, Elec. Light & Power Co. Of Baltimore (Pub. Serv. Comm'n of Maryland, Intervener), 184 F.2d 552 (4th Cir. 1950). “” Section 20 of the Act, 16 U.S.C.A. § 813 , provides that when power enters into interstate commerce, the rates charged and services rendered by a licensee shall be reasonable and non-discriminatory; and whenever any of the states directly concerned has not provided a…”

Alabama Power Co. v. Fed. Power Comm'n, 128 F.2d 280 (D.C. Cir. 1942). “1074 , 1071, 1064, 16 U.S.C.A. §§ 813 , 807, 796; Alabama Power Co.”

Pennsylvania Water & Power Co. v. Fed. Power Comm'n (Two Cases). Pennsylvania Power Util. Comm'n v. Fed. Power Comm'n, 193 F.2d 230 (D.C. Cir. 1952). “Section 20, 16 U.S.C.A. § 813 . . Section 201(b), 16 U.”

Louisville Gas & Elec. Co. v. Fed. Power Comm'n, 129 F.2d 126 (6th Cir. 1942). “It points also to the fact that the 1920 Act ( 16 U.S.C.A. § 813 ), limits jurisdiction over power to that which enters into interstate or foreign commerce, and to situations where either there are no state commissions or the state commissions of respective states are unable to…”

Alabama Power Co. v. Fed. Power Comm'n, 134 F.2d 602 (5th Cir. 1943). “See Sections 20, 205, 206, 208, 16 U.S.C.A. §§ 813 , 824d, 824e, and 824g.”

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