16 U.S.C. § 824a

Interconnection and coordination of facilities; emergencies; transmission to foreign countries

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(a) Regional districts; establishment; notice to State commissions

For the purpose of assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and conservation of natural resources, the Commission is empowered and directed to divide the country into regional districts for the voluntary interconnection and coordination of facilities for the generation, transmission, and sale of electric energy, and it may at any time thereafter, upon its own motion or upon application, make such modifications thereof as in its judgment will promote the public interest. Each such district shall embrace an area which, in the judgment of the Commission, can economically be served by such interconnection and coordinated electric facilities. It shall be the duty of the Commission to promote and encourage such interconnection and coordination within each such district and between such districts. Before establishing any such district and fixing or modifying the boundaries thereof the Commission shall give notice to the State commission of each State situated wholly or in part within such district, and shall afford each such State commission reasonable opportunity to present its views and recommendations, and shall receive and consider such views and recommendations.

(b) Sale or exchange of energy; establishing physical connections

Whenever the Commission, upon application of any State commission or of any person engaged in the transmission or sale of electric energy, and after notice to each State commission and public utility affected and after opportunity for hearing, finds such action necessary or appropriate in the public interest it may by order direct a public utility (if the Commission finds that no undue burden will be placed upon such public utility thereby) to establish physical connection of its transmission facilities with the facilities of one or more other persons engaged in the transmission or sale of electric energy, to sell energy to or exchange energy with such persons: Provided, That the Commission shall have no authority to compel the enlargement of generating facilities for such purposes, nor to compel such public utility to sell or exchange energy when to do so would impair its ability to render adequate service to its customers. The Commission may prescribe the terms and conditions of the arrangement to be made between the persons affected by any such order, including the apportionment of cost between them and the compensation or reimbursement reasonably due to any of them.

(c) Temporary connection and exchange of facilities during emergency(1) During the continuance of any war in which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest. If the parties affected by such order fail to agree upon the terms of any arrangement between them in carrying out such order, the Commission, after hearing held either before or after such order takes effect, may prescribe by supplemental order such terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any such party.(2) With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation, the Commission shall ensure that such order requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable, is consistent with any applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts.(3) To the extent any omission or action taken by a party, that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply with such order, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation.(4)(A) An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation shall expire not later than 90 days after it is issued. The Commission may renew or reissue such order pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest.(B) In renewing or reissuing an order under subparagraph (A), the Commission shall consult with the primary Federal agency with expertise in the environmental interest protected by such law or regulation, and shall include in any such renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable. The conditions, if any, submitted by such Federal agency shall be made available to the public. The Commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order, or otherwise makes publicly available, an explanation of such determination.(5) If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 825l of this title or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect, including any omission or action taken to voluntarily comply with the order, shall remain subject to paragraph (3).(d) Temporary connection during emergency by persons without jurisdiction of Commission

During the continuance of any emergency requiring immediate action, any person or municipality engaged in the transmission or sale of electric energy and not otherwise subject to the jurisdiction of the Commission may make such temporary connections with any public utility subject to the jurisdiction of the Commission or may construct such temporary facilities for the transmission of electric energy in interstate commerce as may be necessary or appropriate to meet such emergency, and shall not become subject to the jurisdiction of the Commission by reason of such temporary connection or temporary construction: Provided, That such temporary connection shall be discontinued or such temporary construction removed or otherwise disposed of upon the termination of such emergency: Provided further, That upon approval of the Commission permanent connections for emergency use only may be made hereunder.

(e) Transmission of electric energy to foreign country

After six months from August 26, 1935, no person shall transmit any electric energy from the United States to a foreign country without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application unless, after opportunity for hearing, it finds that the proposed transmission would impair the sufficiency of electric supply within the United States or would impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Commission. The Commission may by its order grant such application in whole or in part, with such modifications and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it may find necessary or appropriate.

(f) Transmission or sale at wholesale of electric energy; regulation

The ownership or operation of facilities for the transmission or sale at wholesale of electric energy which is (a) generated within a State and transmitted from the State across an international boundary and not thereafter transmitted into any other State, or (b) generated in a foreign country and transmitted across an international boundary into a State and not thereafter transmitted into any other State, shall not make a person a public utility subject to regulation as such under other provisions of this subchapter. The State within which any such facilities are located may regulate any such transaction insofar as such State regulation does not conflict with the exercise of the Commission’s powers under or relating to subsection (e).

(g) Continuance of serviceIn order to insure continuity of service to customers of public utilities, the Commission shall require, by rule, each public utility to—(1) report promptly to the Commission and any appropriate State regulatory authorities any anticipated shortage of electric energy or capacity which would affect such utility’s capability of serving its wholesale customers,(2) submit to the Commission, and to any appropriate State regulatory authority, and periodically revise, contingency plans respecting—(A) shortages of electric energy or capacity, and(B) circumstances which may result in such shortages, and(3) accommodate any such shortages or circumstances in a manner which shall—(A) give due consideration to the public health, safety, and welfare, and(B) provide that all persons served directly or indirectly by such public utility will be treated, without undue prejudice or disadvantage.(June 10, 1920, ch. 285, pt. II, § 202, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 848; amended Aug. 7, 1953, ch. 343, 67 Stat. 461; Pub. L. 95–617, title II, § 206(a), Nov. 9, 1978, 92 Stat. 3141; Pub. L. 114–94, div. F, § 61002, Dec. 4, 2015, 129 Stat. 1772.)Editorial NotesAmendments

2015—Subsec. (c). Pub. L. 114–94, § 61002(a), designated existing provisions as par. (1) and added pars. (2) to (5).

Subsec. (d). Pub. L. 114–94, § 61002(b), inserted “or municipality” before “engaged in the transmission or sale of electric energy”.

1978—Subsec. (g). Pub. L. 95–617 added subsec. (g).

1953—Subsec. (f). Act Aug. 7, 1953, added subsec. (f).

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Pub. L. 95–617, title II, § 206(b), Nov. 9, 1978, 92 Stat. 3142, provided that: “The amendment made by subsection (a) [adding subsec. (g) of this section] shall not affect any proceeding of the Commission [Federal Energy Regulatory Commission] pending on the date of the enactment of this Act [Nov. 9, 1978] or any case pending on such date respecting a proceeding of the Commission.”

Executive DocumentsDelegation of Functions

Functions of President respecting certain facilities constructed and maintained on United States borders delegated to Secretary of State, see Ex. Ord. No. 11423, Aug. 16, 1968. 33 F.R. 11741, set out as a note under section 301 of Title 3, The President.

Performance of Functions Respecting Electric Power and Natural Gas Facilities Located on United States Borders

For provisions relating to performance of functions by Secretary of Energy respecting electric power and natural gas facilities located on United States borders, see Ex. Ord. No. 10485, Sept. 8, 1953, 18 F.R. 5397, as amended by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under section 717b of Title 15, Commerce and Trade.

Notes of Decisions

Cited in 115 cases (13 in the last 5 years), 1950–2026 · leading case: Otter Tail Power Co. v. United States, 410 U.S. 366 (1973).

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Otter Tail Power Co. v. United States, 410 U.S. 366 (1973). · cites it 16× “848 , 16 U. S. C. § 824a (b), to require Otter Tail to interconnect with the town and sell it power at wholesale.”

Schuylkill Energy Resources, Inc. v. Pennsylvania Power & Light Co., 113 F.3d 405 (3rd Cir. 1997). · cites it 3× “16 U.S.C. § 824a(b); .18 C.F.R. pt. 32. In addition, FERC may not compel the enlargement of generating facilities for such purposes, and it may not compel a public utility to sell or exchange energy when to do so would impair the utility’s ability to render adequate service to…”

Mirant Corp. v. Potomac Elec. Power Co. (In Re Mirant Corp.), 378 F.3d 511 (5th Cir. 2004). · cites it 3× “, 16 U.S.C. § 824a(c) (permitting FERC to require from public utilities, whenever it determines an emergency exists, “such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest”); 16 U.”

Gulf States Utils. Co. v. Fed. Power Comm'n, 411 U.S. 747 (1973). · cites it 4× “It is said that allegations of anticompetitive conduct properly may be raised and fully considered in other proceedings related to interconnections under § 202 of the Act, 16 U. S. C. § 824a, to dispositions and mergers under § 203, 16 U.”

Fed. Power Comm'n v. Florida Power & Light Co., 404 U.S. 453 (1972). · cites it 4× “Unless it is done voluntarily, as was true here, the Commission by virtue of § 202 (b) of the Federal Power Act can act only [1] "upon application of any State commission or of any person engaged in the transmission or sale of electric energy.”

South Carolina Pub. Serv. Auth. v. Fed. Energy Regulatory Comm'n, 762 F.3d 41 (D.C. Cir. 2014). · cites it 2× “” FPA § 202(a), 16 U.S.C. § 824a(a). Such public utilities, in turn, were required to file new rates for Commission approval, and Congress directed that “[a]ll rates and charges made, demanded, or received by any public utility for or in connection with the [jurisdictional]…”

New York v. Fed. Energy Regulatory Comm'n, 535 U.S. 1 (2002). “742, 751 (1982); see 16 U. S. C. § 824a3(a). Over a decade later, Congress enacted the Energy Policy Act of 1992 (EPAct), 106 Stat.”

Younger v. Jensen, 605 P.2d 813 (Cal. 1980). · cites it 2× “1022 ] (FPC authority to order electric utility interconnections (16 U.S.C. § 824a(c); cf. Natural Gas Act, 15 U.”

City of Cleveland, Ohio v. Fed. Power Comm'n, Cleveland Elec. Illuminating Co., Intervenor, 525 F.2d 845 (D.C. Cir. 1976). · cites it 2× “See Federal Power Act § 202(b), 16 U.S.C. § 824a(b) (1970). 17 . See Federal Power Act § 202(c), 16 U.”

Atl. City Elec. Co. v. Fed. Energy Regulatory Comm'n, 295 F.3d 1 (D.C. Cir. 2002). “See 16 U.S.C. § 824a(a). Section 202 provides that “the Commission is empowered and directed to divide the country into regional districts for the voluntary interconnection and coordination of facilities for the generation, transmission, and sale of electric energy.”

Duke Power Co. v. Fed. Power Comm'n, 401 F.2d 930 (D.C. Cir. 1968). · cites it 6× “Section 203 was likewise added with full awareness that this was not a provision needed to close a constitutional gap, and that the states had jurisdiction to accomplish this regulation. Hearings on H.R. 5423 Before the House Committee on Interstate and Foreign Commerce.”

Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983). “Prior to their enactment, the Commission’s authority to order interconnections was limited, under § 202(b) of the FPA, 16 U. S. C. § 824a(b), to utilities over which it had regulatory jurisdiction and, except in emergencies, to situations in which a “person engaged in the .”

Show all 115 citing cases →

— 16 U.S.C. § 824a(a) — 28 cases

South Carolina Pub. Serv. Auth. v. Fed. Energy Regulatory Comm'n, 762 F.3d 41 (D.C. Cir. 2014). “” FPA § 202(a), 16 U.S.C. § 824a(a). Such public utilities, in turn, were required to file new rates for Commission approval, and Congress directed that “[a]ll rates and charges made, demanded, or received by any public utility for or in connection with the [jurisdictional]…”

LSP Transmission Holdings, LLC v. Katie Sieben, 954 F.3d 1018 (8th Cir. 2020).

NextEra v. Lake, 48 F.4th 306 (5th Cir. 2022).

LSP Transmission Holdings, LLC v. Lange, 329 F. Supp. 3d 695 (D. Me. 2017).

— 16 U.S.C. § 824a(b) — 22 cases

Schuylkill Energy Resources, Inc. v. Pennsylvania Power & Light Co., 113 F.3d 405 (3rd Cir. 1997). “16 U.S.C. § 824a(b); .18 C.F.R. pt. 32. In addition, FERC may not compel the enlargement of generating facilities for such purposes, and it may not compel a public utility to sell or exchange energy when to do so would impair the utility’s ability to render adequate service to…”

Otter Tail Power Co. v. United States, 410 U.S. 366 (1973). “848 , 16 U. S. C. § 824a (b), to require Otter Tail to interconnect with the town and sell it power at wholesale.”

Mid-Texas Commc'ns Sys., Inc. v. Am. Tel. & Tel. Co., Sw. Bell Tel. Co., 615 F.2d 1372 (5th Cir. 1980).

City of Cleveland, Ohio v. Fed. Power Comm'n, Cleveland Elec. Illuminating Co., Intervenor, 525 F.2d 845 (D.C. Cir. 1976). “See Federal Power Act § 202(b), 16 U.S.C. § 824a(b) (1970). 17 . See Federal Power Act § 202(c), 16 U.”

— 16 U.S.C. § 824a(c) — 7 cases

Younger v. Jensen, 605 P.2d 813 (Cal. 1980). “1022 ] (FPC authority to order electric utility interconnections (16 U.S.C. § 824a(c); cf. Natural Gas Act, 15 U.”

Mirant Corp. v. Potomac Elec. Power Co. (In Re Mirant Corp.), 378 F.3d 511 (5th Cir. 2004). “, 16 U.S.C. § 824a(c) (permitting FERC to require from public utilities, whenever it determines an emergency exists, “such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest”); 16 U.”

Otter Tail Power Co. v. United States, 410 U.S. 366 (1973). “848 , 16 U. S. C. § 824a (b), to require Otter Tail to interconnect with the town and sell it power at wholesale.”

Richmond Power & Light v. Fed. Energy Regulatory Comm'n, 574 F.2d 610 (D.C. Cir. 1978).

— 16 U.S.C. § 824a(e) — 1 case

Greene Cnty. Plan. Bd. v. Fed. Power Comm'n, Power Auth. of the State of New York, Intervenor, 528 F.2d 38 (2d Cir. 1975).

— 16 U.S.C. § 824a(f) — 4 cases

California ex rel Lockyer v. Dynegy, Inc., 375 F.3d 831 (9th Cir. 2004).

Grand Council of the Crees v. Fed. Energy Regulatory Comm'n, 198 F.3d 950 (D.C. Cir. 2000).

Maine Pub. Serv. Co. v. Fed. Power Comm'n, 579 F.2d 659 (1st Cir. 1978).

Florida Power & Light Co. v. Fed. Power Comm'n, 430 F.2d 1377 (5th Cir. 1970).

— 16 U.S.C. § 824a(g) — 2 cases

Jersey Cent. Power & Light Co. v. Fed. Energy Regulatory Comm'n, Allegheny Elec. Coop., Inc., Intervenors, 810 F.2d 1168 (D.C. Cir. 1987).

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