16 U.S.C. § 825e

Complaints

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Any person, electric utility, State, municipality, or State commission complaining of anything done or omitted to be done by any licensee, transmitting utility, or public utility in contravention of the provisions of this chapter may apply to the Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such licensee, transmitting utility, or public utility, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. If such licensee, transmitting utility, or public utility shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating such complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall find proper.

Notes of Decisions

Cited in 30 cases (6 in the last 5 years), 1951–2025 · leading case: NRG Power Mktg., LLC v. Maine Pub. Utils. Comm'n, 558 U.S. 165 (2010).

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NRG Power Mktg., LLC v. Maine Pub. Utils. Comm'n, 558 U.S. 165 (2010). · cites it 2× “16 U. S. C. §825e (emphasis added). FERC regulations similarly permit “[a]ny person [to] file a complaint seeking Commission action.”

Montana-Dakota Utils. Co. v. Nw. Pub. Serv. Co., 341 U.S. 246 (1951). · cites it 2× “856 , 16 U. S. C. § 825e. That procedure is not available when the wrong asserted is that the defendant corporation has established unlawful schedules by fraudulent domination of the utility with which it transacts business.”

Pub. Citizen, Inc. v. FERC, 7 F.4th 1177 (D.C. Cir. 2021). · cites it 2× “See 16 U.S.C. § 825e (“[I]t shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall find proper.”

Gulf States Utils. Co. v. Fed. Power Comm'n, 411 U.S. 747 (1973). · cites it 2× “Additionally, the Commission may investigate unlawful conduct upon a complaint by "[a]ny person, State, municipality, or State commission," § 306 of the Act, 16 U. S. C. § 825e, or on its own motion, § 307 of the Act, 16 U.”

New England Power Generators Ass'n v. Fed. Energy Regulatory Comm'n, 881 F.3d 202 (D.C. Cir. 2018). “FERC denied complaints filed by each Petitioner under 16 U.S.C. § 825e, and FERC subsequently denied petitions for rehearing.”

DiLaura v. Power Auth. of State of NY, 654 F. Supp. 641 (W.D.N.Y. 1987). · cites it 3× “See 16 U.S.C. § 825e; 18 C.F.R. § 385.206 (a).”

DiLaura v. Power Auth. of State of New York, 786 F. Supp. 241 (W.D.N.Y. 1991). · cites it 2× “16 U.S.C. § 825e. FERC has the power to conduct investigations, hold hearings and *253 make rulings to require compliance by the licensee with the conditions of its license and FERC regulations.”

Hydro Investors, Inc. v. Fed. Energy Regulatory Comm'n, 351 F.3d 1192 (D.C. Cir. 2003). “” 16 U.S.C. § 825e (2000). Hydro argues that this provision means that FERC’s order denying their petition automatically “aggrieved” them within the meaning of 16 U.”

Nez Perce Tribe v. Idaho Power Co., 847 F. Supp. 791 (D. Idaho 1994). “16 U.S.C. §§ 825e, 825f, 825g, 825h, and 825Z.”

Duke Energy Corp. v. Fed. Energy Regulatory Comm'n, 892 F.3d 416 (D.C. Cir. 2018). “Duke then took its case to FERC, filing a complaint against PJM pursuant to Section 306 of the Federal Power Act (FPA), 16 U.S.C § 825e ("Any ... electric utility .”

Am. Sports Council v. United States Dep't of Educ., 850 F. Supp. 2d 288 (D.D.C. 2012). “) In Hydro, a developer of hydroelectric power projects petitioned FERC as an “interested partly]” under the Federal Power Act, 16 U.S.C. § 825e, alleging that a licensing arrangement between two other corporations violated distinct provisions of the Federal Power Act.”

Borough of Ellwood City v. Fed. Energy Regulatory Comm'n, Pennsylvania Power Co., Intervenor, 583 F.2d 642 (3rd Cir. 1978). “On October 21,1966, Ellwood filed a complaint against Penn Power under Section 306 of the Federal Power Act, 16 U.S.C. § 825e, seeking the refund of charges collected between December 16,1939 and September 3, 1964 in excess of the rates set forth in Rate Schedule No.”

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