16 U.S.C. § 825n

Forfeiture for violations; recovery; applicability

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(a) Forfeiture

Any licensee or public utility which willfully fails, within the time prescribed by the Commission, to comply with any order of the Commission, to file any report required under this chapter or any rule or regulation of the Commission thereunder, to submit any information or document required by the Commission in the course of an investigation conducted under this chapter, or to appear by an officer or agent at any hearing or investigation in response to a subpena issued under this chapter, shall forfeit to the United States an amount not exceeding $1,000 to be fixed by the Commission after notice and opportunity for hearing. The imposition or payment of any such forfeiture shall not bar or affect any penalty prescribed in this chapter but such forfeiture shall be in addition to any such penalty.

(b) Recovery

The forfeitures provided for in this chapter shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States, brought in the district where the person is an inhabitant or has his principal place of business, or if a licensee or public utility, in any district in which such licensee or public utility transacts business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this chapter. The costs and expenses of such prosecution shall be paid from the appropriations for the expenses of the courts of the United States.

This section shall not apply in the case of any provision of section 824j, 824k, 824l, or 824m of this title or any rule or order issued under any such provision.

(June 10, 1920, ch. 285, pt. III, § 315, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amended June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 102–486, title VII, § 725(a), Oct. 24, 1992, 106 Stat. 2920; Pub. L. 109–58, title XII, § 1295(d), Aug. 8, 2005, 119 Stat. 985.)Editorial NotesAmendments

2005—Subsec. (c). Pub. L. 109–58 substituted “This section” for “This subsection”.

1992—Subsec. (c). Pub. L. 102–486 added subsec. (c).

Statutory Notes and Related SubsidiariesChange of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney”. See section 541 of Title 28, Judiciary and Judicial Procedure.

State Authorities; Construction

Nothing in amendment by Pub. L. 102–486 to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title.

Notes of Decisions

Cited in 8 cases, 1938–1992 · leading case: Alabama Power Co. v. Fed. Energy Regulatory Comm'n, 584 F.2d 750 (5th Cir. 1978).

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Alabama Power Co. v. Fed. Energy Regulatory Comm'n, 584 F.2d 750 (5th Cir. 1978). · cites it 4× “16 U.S.C.A. § 825n(a). 1 Holding the record does not support a finding that the failure to report was “willful” within the terms of the Federal Power Act, we set aside the order.”

William E. Brock, Sec'y of Labor, United States Dep't of Labor v. Richland Shoe Co., 799 F.2d 80 (3rd Cir. 1986). “1978) (failure to file report under Federal Power Act, 16 U.S.C. § 825n(a)); F.X. Messina Construction Corp.”

Niagara Mohawk Power Corp. v. Fed. Power Comm'n, 379 F.2d 153 (D.C. Cir. 1967). “§ 825m (1964), for willful violation of the Act, rules, regulations, or orders; Section 315(a), 16 U.S.C. § 825n (1964), for willful failure to comply with orders, *158 nces, or regulations, or to respond to a subpoena or make an appearance, or to submit information or documents…”

Franks v. Thomason, 4 B.R. 814 (N.D. Ga. 1980). “Federal Power Act, 16 U.S.C. § 825n(a) (willful failure to comply with rule or subpoena); Occupational Safety and Health Act, 29 U.”

Wolverine Power Co. v. Fed. Energy Regulatory Comm'n, 963 F.2d 446 (D.C. Cir. 1992). · cites it 2× “8 Standing between, and in contrast to the enforcement provisions of sections 314 and 316, is section 316, 16 U.S.C. § 825n. Unlike sections 314 and 316, which authorize enforcement action against “any person,” this section provides that “[a]ny licensee or public utility which…”

Borough of Ellwood City v. Fed. Energy Regulatory Comm'n, Pennsylvania Power Co., Intervenor, 583 F.2d 642 (3rd Cir. 1978). “16 U.S.C. § 825n provides for penalties in the case of wilful noncompliance.”

Jersey Cent. Power & Light Co. v. Fed. Power Comm'n, 129 F.2d 183 (3rd Cir. 1942). “§ 825d(b): Must pay penalties fixed by the Commission not to exceed $1,000 for wilful failure to comply with any order or to respond to any subpoena, issued under the Act, Section 315, 16 U.S.C.A. § 825n: For any wilful or knowing act of commission or omission in violation of…”

Metro. Edison Co. v. Fed. Power Comm'n, 94 F.2d 943 (3rd Cir. 1938). “The order has all the affirmative characteristics of a genuine order of the Federal Commission as we think it was intended to be, and constrained the petitioners to obedience at the risk of suffering severe penalties, civil and criminal, imposed by sections 315 and 316 of the…”

— 16 U.S.C. § 825n(a) — 3 cases

Alabama Power Co. v. Fed. Energy Regulatory Comm'n, 584 F.2d 750 (5th Cir. 1978). “16 U.S.C.A. § 825n(a). 1 Holding the record does not support a finding that the failure to report was “willful” within the terms of the Federal Power Act, we set aside the order.”

Franks v. Thomason, 4 B.R. 814 (N.D. Ga. 1980). “Federal Power Act, 16 U.S.C. § 825n(a) (willful failure to comply with rule or subpoena); Occupational Safety and Health Act, 29 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.