16 U.S.C. § 825

Accounts and records

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(a) Duty to keep

Every licensee and public utility shall make, keep, and preserve for such periods, such accounts, records of cost-accounting procedures, correspondence, memoranda, papers, books, and other records as the Commission may by rules and regulations prescribe as necessary or appropriate for purposes of the administration of this chapter, including accounts, records, and memoranda of the generation, transmission, distribution, delivery, or sale of electric energy, the furnishing of services or facilities in connection therewith, and receipts and expenditures with respect to any of the foregoing: Provided, however, That nothing in this chapter shall relieve any public utility from keeping any accounts, memoranda, or records which such public utility may be required to keep by or under authority of the laws of any State. The Commission may prescribe a system of accounts to be kept by licensees and public utilities and may classify such licensees and public utilities and prescribe a system of accounts for each class. The Commission, after notice and opportunity for hearing, may determine by order the accounts in which particular outlays and receipts shall be entered, charged, or credited. The burden of proof to justify every accounting entry questioned by the Commission shall be on the person making, authorizing, or requiring such entry, and the Commission may suspend a charge or credit pending submission of satisfactory proof in support thereof.

(b) Access to and examination by the Commission

The Commission shall at all times have access to and the right to inspect and examine all accounts, records, and memoranda of licensees and public utilities, and it shall be the duty of such licensees and public utilities to furnish to the Commission, within such reasonable time as the Commission may order, any information with respect thereto which the Commission may by order require, including copies of maps, contracts, reports of engineers, and other data, records, and papers, and to grant to all agents of the Commission free access to its property and its accounts, records, and memoranda when requested so to do. No member, officer, or employee of the Commission shall divulge any fact or information which may come to his knowledge during the course of examination of books or other accounts, as hereinbefore provided, except insofar as he may be directed by the Commission or by a court.

The books, accounts, memoranda, and records of any person who controls, directly or indirectly, a licensee or public utility subject to the jurisdiction of the Commission, and of any other company controlled by such person, insofar as they relate to transactions with or the business of such licensee or public utility, shall be subject to examination on the order of the Commission.

(June 10, 1920, ch. 285, pt. III, § 301, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 854.)

Notes of Decisions

Cited in 152 cases (2 in the last 5 years), 1938–2025 · leading case: Port of Seattle v. Fed. Energy Regulatory Comm'n, 499 F.3d 1016 (9th Cir. 2007).

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Port of Seattle v. Fed. Energy Regulatory Comm'n, 499 F.3d 1016 (9th Cir. 2007). · cites it 5× “16 U.S.C. § 825 l (b); Bear Lake Watch, Inc.”

Washington Gas Light Co. v. Pub. Serv. Comm'n, 982 A.2d 691 (D.C. 2009). · cites it 3× “FLRA to determine that similar language in 16 U.S.C. § 825 l (b) also establishes a jurisdictional bar.”

City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958). · cites it 3× “Pursuant to § 313 of the Act, 16 U. S. C. § 825 l, the State, in its proper name and also on behalf of its Directors *328 of Fisheries and of Game, petitioned for review of the Commission's order by the Court of Appeals for the Ninth Circuit.”

Arcadia v. Ohio Power Co., 498 U.S. 73 (1991). · cites it 2× “*80 § 79f, which in certain cases requires similar approval by the SEC; the second, "the method of keeping accounts," refers to § 301, 16 U. S. C. § 825 , which authorizes FERC to prescribe accounts and records, and to § 15, 15 U.”

California Trout v. Fed. Energy Regulatory Comm'n, 572 F.3d 1003 (9th Cir. 2009). · cites it 2× “See 16 U.S.C. § 825 l (a) ("Any person ... aggrieved by an order issued by the Commission in a proceeding under this chapter to which such person .”

Friends of Keeseville, Inc. v. Fed. Energy Regulatory Comm'n, 859 F.2d 230 (D.C. Cir. 1988). · cites it 3× “16 U.S.C. § 825 / (a). Judicial review is available only if a petition for rehearing has been filed, see id.”

Shapiro v. United States, 335 U.S. 1 (1948). · cites it 2× “Federal Power Act, 1935 [ 16 U.S.C. §§ 825 (a), 825f (g)]. Industrial Alcohol Act of 1935 [ 26 U.”

Fed. Power Comm'n v. Florida Power & Light Co., 404 U.S. 453 (1972). · cites it 3× “" Federal Power Act § 313 (b), 16 U. S. C. § 825 l (b). See Gainesville Utilities Dept.”

Dir., Off. of Workers' Comp. Programs v. Greenwich Collieries, 512 U.S. 267 (1994). “2d 740, 743 (C A9 1943) (interpreting “burden of proof” in Federal Power Act, 16 U. S. C. § 825 (a)), aff'd, 321 U. S. 119 (1944).”

Tesoro Refining & Mktg. Co. v. Fed. Energy Regulatory Comm'n, 552 F.3d 868 (D.C. Cir. 2009). · cites it 2× “§ 717r(a)-(b) (Natural Gas Act) and 16 U.S.C. § 825 l (a)-(b) (Federal Power Act).”

Snoqualmie Indian Tribe v. Fed. Energy Regulatory Comm'n, 545 F.3d 1207 (9th Cir. 2008). · cites it 2× “” 16 U.S.C. § 825 l (b); Pub. Utils. Comm’n of Cal.”

Duncan's Point Lot Owners Ass'n v. Fed. Energy Regulatory Comm'n, 522 F.3d 371 (D.C. Cir. 2008). · cites it 2× “We consolidated the petitions and have jurisdiction to consider them under 16 U.S.C. § 825 (b). We review the Commission’s licensing decisions, such as those taken in this case, under a deferential standard and will set aside FERC’s orders only if they are arbitrary and…”

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— 16 U.S.C. § 825(a) — 1 case

Connecticut Light & Power Co. v. Fed. Power Comm'n, 141 F.2d 14 (D.C. Cir. 1944).

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