16 U.S.C. § 825h

Administrative powers of Commission; rules, regulations, and orders

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The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regulations as it may find necessary or appropriate to carry out the provisions of this chapter. Among other things, such rules and regulations may define accounting, technical, and trade terms used in this chapter; and may prescribe the form or forms of all statements, declarations, applications, and reports to be filed with the Commission, the information which they shall contain, and the time within which they shall be filed. Unless a different date is specified therein, rules and regulations of the Commission shall be effective thirty days after publication in the manner which the Commission shall prescribe. Orders of the Commission shall be effective on the date and in the manner which the Commission shall prescribe. For the purposes of its rules and regulations, the Commission may classify persons and matters within its jurisdiction and prescribe different requirements for different classes of persons or matters. All rules and regulations of the Commission shall be filed with its secretary and shall be kept open in convenient form for public inspection and examination during reasonable business hours.

Notes of Decisions

Cited in 56 cases (8 in the last 5 years), 1945–2026 · leading case: Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n, 462 F.3d 1027 (9th Cir. 2006).

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Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n, 462 F.3d 1027 (9th Cir. 2006). · cites it 3× “2003); 16 U.S.C. § 825h. In its August 23, 2000 Order, FERC established October 29, 2000 as the refund effective date pursuant to § 206.”

Verso Corp. v. Fed. Energy Regulatory Comm'n, 898 F.3d 1 (D.C. Cir. 2018). · cites it 2× “16 U.S.C. § 825h. Section 309 accordingly permits FERC to advance remedies not expressly provided by the FPA, as long as they are consistent with the Act.”

Montana-Dakota Utils. Co. v. Nw. Pub. Serv. Co., 341 U.S. 246 (1951). · cites it 2× “858 , 16 U. S. C. § 825h. But this does not authorize the Commission to fix rate orders retrospectively.”

Boston Edison Co. v. Fed. Energy Regulatory Comm'n, City of Holyoke Gas & Elec. Dep't, Intervenors, 856 F.2d 361 (1st Cir. 1988). · cites it 2× “8 While the Federal Power Act contains a “necessary and appropriate” provision, see 16 U.S.C. § 825h (granting FERC “power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regulations as it may find necessary or…”

Albany Eng'g Corp. v. Fed. Energy Regulatory Comm'n, 548 F.3d 1071 (D.C. Cir. 2008). · cites it 2× “may convene a conference of the participants in a proceeding at any time for any purpose related to the conduct or disposition of the proceeding"); FPA § 309, 16 U.S.C. § 825h ("The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend,…”

Thames Shipyard & Repair Co. v. United States, 350 F.3d 247 (1st Cir. 2003). “For example, when construing analogous language from the Federal Power Act, we concluded: While the Federal Power Act contains a “necessary and appropriate” provision, see 16 U.S.C. § 825h (granting FERC “power to perform any and all acts, and to prescribe, issue, make, amend,…”

Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n, Arizona Pub. Serv. Co. & Arizona Power Auth., Intervenors, 628 F.2d 235 (D.C. Cir. 1980). “However, pursuant to its authority to issue regulations “necessary or appropriate to carry out the provisions of” the Act, Section 309 of the Act, 16 U.S.C. § 825h (1976), 17 FERC has promulgated 18 C.”

TNA Merch. Projects, Inc. v. Fed. Energy Regulatory Comm'n, 857 F.3d 354 (D.C. Cir. 2017). · cites it 2× “[as may be] necessary or appropriate to carry out [the Act’s] provisions,” 16 U.S.C. § 825h, clearly affords FERC the authority necessary to make Chehalis whole.”

Keating v. Fed. Energy Regulatory Comm'n, 569 F.3d 427 (D.C. Cir. 2009). “¶ 61,151, 61,320 (1985) (describing the Commission’s authority to issue stays as deriving from Section 309 of the FPA, 16 U.S.C. § 825h, and Section 705 of the Administrative Procedure Act, 5 U.”

Xcel Energy Servs. Inc. v. Fed. Energy Regulatory Comm'n, 815 F.3d 947 (D.C. Cir. 2016). “” 16 U.S.C. § 825h. It vests the Commission with broad remedial authority.”

Consol. Edison Co. of New York, Inc. v. Fed. Energy Regulatory Comm'n, 347 F.3d 964 (D.C. Cir. 2003). “While the Commission has discretion to determine the remedy for tariff violations — which may include refunds, see 16 U.S.C. § 825h; Towns of Concord, 955 F.”

City of Cleveland, Ohio v. Fed. Power Comm'n, Cleveland Elec. Illuminating Co., Intervenor, 525 F.2d 845 (D.C. Cir. 1976). ““The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regulations as it may find necessary or appropriate to carry out the provisions of this chapter.”

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