U.S. Code » Title 16 » Chapter CHAPTER 12— FEDERAL REGULATION AND DEVELOPMENT OF POWER › Subchapter SUBCHAPTER II— REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE

16 U.S.C. § 824h

References to State boards by Commission

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(a) Composition of boards; force and effect of proceedings

The Commission may refer any matter arising in the administration of this subchapter to a board to be composed of a member or members, as determined by the Commission, from the State or each of the States affected or to be affected by such matter. Any such board shall be vested with the same power and be subject to the same duties and liabilities as in the case of a member of the Commission when designated by the Commission to hold any hearings. The action of such board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations prescribe. The board shall be appointed by the Commission from persons nominated by the State commission of each State affected or by the Governor of such State if there is no State commission. Each State affected shall be entitled to the same number of representatives on the board unless the nominating power of such State waives such right. The Commission shall have discretion to reject the nominee from any State, but shall thereupon invite a new nomination from that State. The members of a board shall receive such allowances for expenses as the Commission shall provide. The Commission may, when in its discretion sufficient reason exists therefor, revoke any reference to such a board.

(b) Cooperation with State commissions

The Commission may confer with any State commission regarding the relationship between rate structures, costs, accounts, charges, practices, classifications, and regulations of public utilities subject to the jurisdiction of such State commission and of the Commission; and the Commission is authorized, under such rules and regulations as it shall prescribe, to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is authorized to act. The Commission is authorized in the administration of this chapter to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission.

(c) Availability of information and reports to State commissions; Commission experts

The Commission shall make available to the several State commissions such information and reports as may be of assistance in State regulation of public utilities. Whenever the Commission can do so without prejudice to the efficient and proper conduct of its affairs, it may upon request from a State make available to such State as witnesses any of its trained rate, valuation, or other experts, subject to reimbursement to the Commission by such State of the compensation and traveling expenses of such witnesses. All sums collected hereunder shall be credited to the appropriation from which the amounts were expended in carrying out the provisions of this subsection.

(June 10, 1920, ch. 285, pt. II, § 209, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 853.)
Notes of Decisions
Cited in 5 cases, 1938–1994 · leading case: Conway Corporation v. Federal Power Commission, Arkansas Power & Light Company, Intervenor
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Conway Corporation v. Federal Power Commission, Arkansas Power & Light Company, Intervenor (1975) cadc “Section 209(b), 16 U.S.C. § 824h(b) (1970), permits the Commission to confer with any state commission “regarding the relationship between rate structures, costs, accounts, charges, practices, and regulations of public utilities subject to the jurisdiction of such State…”
City of Mishawaka v. American Electric Power Co. (1980) ca7 “Although the federal and state commissions are not parties to this litigation the court may require those who are parties to seek to bring together cooperative federal and state consideration and solution of these rate problems.”
Washington Utilities & Transportation Commission v. Federal Energy Regulatory Commission (1994) ca9 “16 U.S.C. § 824h. The Northwest Power Act, in directing FERC to convene a state board, specifies that it shall be done “in accordance with section 824h [of the Federal Power Act].”
Metropolitan Edison Co. v. Federal Power Commission (1938) ca3 “Certain phases of the investigation apparently could not be conducted’ adequately under the law of Pennsylvania and, at the request of the Pennsylvania-Commission and the Governor, the Federal Power Commission, upon January 6, 1936, pursuant to section 209(b) and (c) 1 of the…”
Southwestern Electric Power Co. v. Federal Power Commission (1962) ca5 “Another section of the Act which is relevant in determining what may be "necessary or appropriate for purposes of the administration of this Act”, is § 209(c) *38 (16 U.S.C.A. § 824h(c)), which recites that “The Commission shall make available to the several State Commissions…”
— 16 U.S.C. § 824h(b) — 2 cases
Conway Corporation v. Federal Power Commission, Arkansas Power & Light Company, Intervenor (1975) cadc “Section 209(b), 16 U.S.C. § 824h(b) (1970), permits the Commission to confer with any state commission “regarding the relationship between rate structures, costs, accounts, charges, practices, and regulations of public utilities subject to the jurisdiction of such State…”
City of Mishawaka v. American Electric Power Co. (1980) ca7 “Although the federal and state commissions are not parties to this litigation the court may require those who are parties to seek to bring together cooperative federal and state consideration and solution of these rate problems.”
— 16 U.S.C. § 824h(c) — 1 case
Southwestern Electric Power Co. v. Federal Power Commission (1962) ca5 “Another section of the Act which is relevant in determining what may be "necessary or appropriate for purposes of the administration of this Act”, is § 209(c) *38 (16 U.S.C.A. § 824h(c)), which recites that “The Commission shall make available to the several State Commissions…”
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