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

16 U.S.C. § 824i

Interconnection authority

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(a) Powers of Commission; application by State regulatory authority(1) Upon application of any electric utility, Federal power marketing agency, geothermal power producer (including a producer which is not an electric utility), qualifying cogenerator, or qualifying small power producer, the Commission may issue an order requiring—(A) the physical connection of any cogeneration facility, any small power production facility, or the transmission facilities of any electric utility, with the facilities of such applicant,(B) such action as may be necessary to make effective any physical connection described in subparagraph (A), which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability,(C) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under subparagraph (A) or (B), or(D) such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph (A) or (B).(2) Any State regulatory authority may apply to the Commission for an order for any action referred to in subparagraph (A), (B), (C), or (D) of paragraph (1). No such order may be issued by the Commission with respect to a Federal power marketing agency upon application of a State regulatory authority.(b) Notice, hearing and determination by CommissionUpon receipt of an application under subsection (a), the Commission shall—(1) issue notice to each affected State regulatory authority, each affected electric utility, each affected Federal power marketing agency, each affected owner or operator of a cogeneration facility or of a small power production facility, and to the public.11 So in original. The period probably should be a comma.(2) afford an opportunity for an evidentiary hearing, and(3) make a determination with respect to the matters referred to in subsection (c).(c) Necessary findingsNo order may be issued by the Commission under subsection (a) unless the Commission determines that such order—(1) is in the public interest,(2) would—(A) encourage overall conservation of energy or capital,(B) optimize the efficiency of use of facilities and resources, or(C) improve the reliability of any electric utility system or Federal power marketing agency to which the order applies, and(3) meets the requirements of section 824k of this title.(d) Motion of Commission

The Commission may, on its own motion, after compliance with the requirements of paragraphs (1) and (2) of subsection (b), issue an order requiring any action described in subsection (a)(1) if the Commission determines that such order meets the requirements of subsection (c). No such order may be issued upon the Commission’s own motion with respect to a Federal power marketing agency.

(e) Definitions(1) As used in this section, the term “facilities” means only facilities used for the generation or transmission of electric energy.(2) With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under subsection (a)(1), the term “facilities of such applicant” means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application. With respect to an order issued pursuant to an application under subsection (a)(2), the term “facilities of such applicant” means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the application. With respect to an order issued by the Commission on its own motion under subsection (d), such term means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the proposed order.(June 10, 1920, ch. 285, pt. II, § 210, as added Pub. L. 95–617, title II, § 202, Nov. 9, 1978, 92 Stat. 3135; amended Pub. L. 96–294, title VI, § 643(a)(2), June 30, 1980, 94 Stat. 770.)Editorial NotesAmendments

1980—Subsec. (a)(1). Pub. L. 96–294 added applicability to geothermal power producers.

Statutory Notes and Related SubsidiariesStudy and Report to Congressional Committees on Application of Provisions Relating to Cogeneration, Small Power Production, and Interconnection Authority to Hydroelectric Power Facilities

For provisions requiring the Federal Energy Regulatory Commission to conduct a study and report to Congress on whether the benefits of this section and section 824a–3 of this title should be applied to hydroelectric power facilities utilizing new dams or diversions, within the meaning of section 824a–3(k) of this title, see section 8(d) of Pub. L. 99–495, set out as a note under section 824a–3 of this title.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1979–2025 · leading case: Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983).
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Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983). · cites it 4× “Sections 210 and 212 of the Federal Power Act (FPA), 16 U. S. C. §§824i and 824k (1976 ed., Supp.”
Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986). “"Sections 210 and 212 of the Federal Power Act (FPA), 16 U.S.C. §§ 824i and 824k (1976 ed., Supp.”
W. Massachusetts Elec. Co. v. Fed. Energy Regulatory Comm'n, 165 F.3d 922 (D.C. Cir. 1999). “See 16 U.S.C. § 824i. The Commission designed § 292.”
Kansas City Power & Light Co. v. State Corp. Comm'n, 715 P.2d 19 (Kan. 1986). “§ 824k (1982) provides that no order may be issued by the Commission under 16 U.S.C. § 824i (1982) unless the Commission determines that such order: “(1) is not likely to result in a reasonably ascertainable uncompensated economic loss for any electric utility .”
S. California Edison Co. v. Pub. Utils. Comm'n, 121 Cal. App. 4th 1303 (Cal. Ct. App. 2004). “(16 U.S.C. §§ 824i, 824k.) While this matter was pending before PUC, FERC issued the Standard Interconnection Agreement Order.”
Modesto Irrigation Dist. v. Pac. Gas & Elec. Co., 54 F. App'x 882 (9th Cir. 2002). “Likewise for its second citation, to 16 U.S.C. § 824i(a). When we asked for further enlightenment on this issue at oral argument, PG & E said that sections 205 and 211 prevented it from wheeling power to Modesto until FERC approved.”
Am. Elec. Power Serv. Corp. v. Fed. Energy Regulatory Comm'n, 675 F.2d 1226 (D.C. Cir. 1982). · cites it 4× “16 U.S.C. § 824i (Supp. III 1979). . Id. § 824k.”
Carson Hybrid Energy Storage v. Turlock Irrigation Dist., No. F087073A (Cal. Ct. App. Feb. 5, 2025). · cites it 7× “FERC Proceedings On February 10, 2023, plaintiff CMD Carson, LLC (CMD) filed an application with the FERC under sections 210 and 211 (16 U.S.C. §§ 824i, 824j) of the FPA for an order directing Turlock to provide interconnection and transmission services for Carson’s project.”
Sunflower Elec. Coop., Inc. v. Kansas Power & Light Co., 603 F.2d 791 (10th Cir. 1979). “16 U.S.C.A. §§ 824i and 824j. Located in the conference report to the new law is a statement which sets out the understanding of present law held by the legislators, and how they intended the new law to be applied in the antitrust area: *794 The conferees intend to preserve the…”
Carson Hybrid Energy Storage v. Turlock Irrigation Dist., No. F087073 (Cal. Ct. App. Oct. 22, 2024). · cites it 3× “FERC Proceedings On February 10, 2023, plaintiff CMD Carson, LLC (CMD) filed an application with the FERC under sections 210 and 211 (16 U.S.C. §§ 824i, 824j) of the FPA for an order directing Turlock to provide interconnection and transmission services for Carson’s project.”
Smud v. Bpa, No. 18-71753 (9th Cir. June 17, 2019). “No undue discrimination standard applies here, because the Federal Energy Regulatory Commission (“FERC”) did not order the BPA “to provide transmission service” on the Southern Intertie under 16 U.S.C. §§ 824i, 824j, or 824l. Id. § 824k(i).”
Carson Hybrid Energy Storage, LLC v. Turlock Irrigation Dist., No. 1:23-cv-00460 (E.D. Cal. June 21, 2023). “9 TID claims that Carson’s suit is “nominally posited on state law breach of contract 10 claims” but is really “dependent on whether TID’s conduct conformed to the requirements of 11 FPA Sections 210 and 212 (16 U.S.C. § 824i, 824k), and FERC orders and regulations issued 12…”
Show all 14 citing cases →
16 U.S.C. § 824i(a): 1 case
Modesto Irrigation Dist. v. Pac. Gas & Elec. Co., 54 F. App'x 882 (9th Cir. 2002). “Likewise for its second citation, to 16 U.S.C. § 824i(a). When we asked for further enlightenment on this issue at oral argument, PG & E said that sections 205 and 211 prevented it from wheeling power to Modesto until FERC approved.”
16 U.S.C. § 824i(a)(1)(A): 1 case
Carson Hybrid Energy Storage v. Turlock Irrigation Dist., No. F087073A (Cal. Ct. App. Feb. 5, 2025). “FERC Proceedings On February 10, 2023, plaintiff CMD Carson, LLC (CMD) filed an application with the FERC under sections 210 and 211 (16 U.S.C. §§ 824i, 824j) of the FPA for an order directing Turlock to provide interconnection and transmission services for Carson’s project.”
16 U.S.C. § 824i(a)(1)(B): 1 case
Carson Hybrid Energy Storage v. Turlock Irrigation Dist., No. F087073A (Cal. Ct. App. Feb. 5, 2025). “FERC Proceedings On February 10, 2023, plaintiff CMD Carson, LLC (CMD) filed an application with the FERC under sections 210 and 211 (16 U.S.C. §§ 824i, 824j) of the FPA for an order directing Turlock to provide interconnection and transmission services for Carson’s project.”
16 U.S.C. § 824i(a)(1)(D): 1 case
Carson Hybrid Energy Storage v. Turlock Irrigation Dist., No. F087073A (Cal. Ct. App. Feb. 5, 2025). “FERC Proceedings On February 10, 2023, plaintiff CMD Carson, LLC (CMD) filed an application with the FERC under sections 210 and 211 (16 U.S.C. §§ 824i, 824j) of the FPA for an order directing Turlock to provide interconnection and transmission services for Carson’s project.”
16 U.S.C. § 824i(b)(1): 1 case
Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983). “Sections 210 and 212 of the Federal Power Act (FPA), 16 U. S. C. §§824i and 824k (1976 ed., Supp.”
16 U.S.C. § 824i(b)(2): 1 case
Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983). “Sections 210 and 212 of the Federal Power Act (FPA), 16 U. S. C. §§824i and 824k (1976 ed., Supp.”
16 U.S.C. § 824i(c): 3 cases
Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983). “Sections 210 and 212 of the Federal Power Act (FPA), 16 U. S. C. §§824i and 824k (1976 ed., Supp.”
Am. Elec. Power Serv. Corp. v. Fed. Energy Regulatory Comm'n, 675 F.2d 1226 (D.C. Cir. 1982). “16 U.S.C. § 824i (Supp. III 1979). . Id. § 824k.”
Carson Hybrid Energy Storage v. Turlock Irrigation Dist., No. F087073A (Cal. Ct. App. Feb. 5, 2025). “FERC Proceedings On February 10, 2023, plaintiff CMD Carson, LLC (CMD) filed an application with the FERC under sections 210 and 211 (16 U.S.C. §§ 824i, 824j) of the FPA for an order directing Turlock to provide interconnection and transmission services for Carson’s project.”
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