Page images
PDF
EPUB

GENERAL AUTHORITY, INTERNTL. BOUNDARY COMM. 525

authorizes U.S. participation in the construction of hydroelectric power facilities at Falcon Dam, and the Act of June 18, 1954, 68 Stat. 255, authorizes the Secretary of the Interior to market this power. Both acts appear herein in chronological order.

Supplementary Provisions: Amistad Dam. The Act of July 7, 1960, 74 Stat. 360, authorizes United States participation in the construction of Amistad Dam on the Rio Grande, including power development if it can be put on a self-liquidating basis. The Act of December 23, 1963, 77 Stat. 475, authorizes the Secretary of the Interior to market power generated at the project in conjunction with power from Falcon Dam. The 1960 and 1963 Acts appear herein in chronological order.

Supplementary Provision: Lower Colorado River Flood Control Measures. The Act of August 10, 1964, 78 Stat. 386, authorizes United States participation in flood control measures in the reaches of the Colo

rado River from Imperial Dam to the Gulf of California. The Act appears herein in chronological order.

Supplementary Provision: Franklin Canal Relocation. Pursuant to the authority contained in section 1 of the American-Mexican Chamizal Act of 1964, enacted April 29, 1964, 78 Stat. 184, the International Boundary Commission, United States and Mexico, relocated 1.7 miles of the Franklin Canal, which is part of the distribution system of the Rio Grande project. For legislative history of the 1964 Act see S. 2394 in the 88th Congress; S. Rept. No. 868; H.R. Rept. No. 1233.

Editor's Note, Annotations. Annotations of opinions are not included because this statute does not deal primarily with the activities of the Bureau of Reclamation.

Legislative History. H.R. 6453, Public Law 286 in the 74th Congress. H.R. Rept. No. 422. S. Rept. No. 633. H.R. Rept. No. 1736 (conference report).

526

AMEND REHABILITATION OF BITTER ROOT PROJECT ACT

An act to amend sections 3 and 4 of the act of July 3, 1930, entitled "An act for the rehabilitation of Bitter Root irrigation project, Montana." (Act of August 26, 1935, ch. 681, 49 Stat. 799)

Repealed.

EXPLANATORY NOTES

Repealed. The Act of May 6, 1949, 63 Stat. 62, which appears herein in chronological order, repealed this Act and the Act of July 3, 1930, 46 Stat. 852, referred to in section 2 below. The text of the Act before repeal read as follows:

"[Sec. 1. Amendatory contract authorized.]—The Secretary of the Interior is authorized and directed to negotiate and execute a contract with the Bitter Root Irrigation District, amending as provided herein articles 3 and 6 of the contract dated August 24, 1931, between the United States of America and said irrigation district. The amended contract shall segregate the district's obligation into two components: (1) All money advanced to the district under section 2, subsection (1) of the Act of July 3, 1930, for liquidating bonded and other outstanding indebtedness of said district; and (2) all money advanced or used under section 2, subsections (2) and (3) of said Act for construction, betterment, and repair work. All money advanced under component (1) shall be repaid to the United States within the period fixed in said contract, with interest at 4 per centum per annum until paid: Provided, That all interest now due and unpaid on component (1) shall be added to and merged with the principal sum advanced under that component. Nothing herein contained shall be construed as authorizing a modification in said amendatory contract of the interest charges heretofore paid by the district under the contract of August 24, 1931. (49 Stat. 799)

"Sec. 2. [Penalty if default in payment.]-The amended contract shall provide also that all money advanced or used under section 2, subsections (2) and (3) of the Act of July 3, 1930, shall be repaid to the United States without interest within the period fixed in said contract, and in the case of default in the payment when due of any installment fixed by the Secretary for repayment of money advanced or used under said section 2, subsections (2) and (3), there shall be added to the payment unpaid a penalty of one-half of 1 per centum of the amount unpaid on the 1st day of each month thereafter so long as such default shall continue." (49 Stat. 799)

Legislative History. S. 946, Public Law 327 in the 74th Congress. S. Rept. No. 403.

H.R. Rept. No. 810.

527

FEDERAL POWER ACT

Editor's Note. The Act of August 26, 1935, ch. 687, 49 Stat. 803, entitled "An Act to provide for control and regulation of public-utility holding companies, and for other purposes," is the Public Utility Act of 1935. Title I carries the short title of the Public Utility Holding Company Act of 1935. Title II deals with amendments to the Federal Water Power Act of June 10, 1920. Sections 201 through 211 of Title II, 49 Stat. 838-47, make a number of revisions in the 1920 Act; section 212, 49 Stat. 847, provides that the Federal Water Power Act, as amended, shall constitute Part I of an expanded act; and section 213, 49 Stat. 847-63, adds Part II, relating to the regulation of electrical utility companies engaged in interstate commerce, and Part III, dealing with licenses and administrative matters. This expanded act is given the short title of the Federal Power Act, 49 Stat. 863. Extracts from Parts II and III appear below, while Part I, the revised Federal Water Power Act, appears in chronological order herein under the Act of June 10, 1920.

[blocks in formation]

PART II-REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE

DECLARATION OF POLICY, APPLICATION OF PART, DEFINITIONS

Sec. 201. [Applies to transmission, and to sale at wholesale, of electric energy in interstate commerce.]-(a) It is hereby declared that the business of transmitting and selling electric energy for ultimate distribution to the public is affected with a public interest, and that Federal regulation of matters relating to generation to the extent provided in this Part and the Part next following and of that part of such business which consists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States.

(b) The provisions of this Part shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but shall not apply to any other sale of electric energy or deprive a State or State commission of its lawful authority now exercised over the exportation of hydroelectric energy which is transmitted across a State line. The Commission shall have jurisdiction over all facilities for such transmission or sale of electric energy, but shall not have jurisdiction, except as specifically provided in this Part and the Part next following, over facilities used for the generation of electric energy or over facilities used in local distribution or only for the transmission of electric energy in intrastate commerce, or over facilities for the transmission of electric energy consumed wholly by the transmitter.

(c) For the purpose of this Part, electric energy shall be held to be transmitted in interstate commerce if transmitted from a State and consumed at any point outside thereof; but only insofar as such transmission takes place within the United States.

528

FEDERAL POWER ACT

(d) The term "sale of electric energy at wholesale" when used in this Part means a sale of electric energy to any person for resale.

(e) The term "public utility" when used in this Part or in the Part next fol lowing means any person who owns or operates facilities subject to the jurisdiction of the Commission under this Part.

(f) No provision in this Part shall apply to, or be deemed to include, the United States, a State or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corpora tion which is wholly owned, directly or indirectly, by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto. (49 Stat. 847; 16 U.S.C. § 824)

EXPLANATORY NOTE

Editor's Note, Annotations. Only selected

1. F.P.C. jurisdiction

annotations of opinions are included.

NOTES OF OPINIONS

The inclusion of energy from Hoover and Davis dams in the energy sold to the City of Colton, California, by the Southern California Edison Company renders such sale a "sale of electric energy at wholesale in interstate commerce" within the meaning of section 201(b) of the Federal Power Act, and therefore such sale is subject to the jurisdiction of the Federal Power Commission. The distinction in the act between Federal and State regulatory jurisdiction turns on whether the sale is at wholesale to local distributing companies or is at local retail rates to ultimate consumers. F.P.C. v. Southern California Edison Co., 376 U.S. 205 (1964).

The authority conferred on the Secretary of the Interior by section 6 of the Boulder Canyon Project Act to prescribe and enforce rules and regulations conforming with the requirements of the Federal water power act respecting "control of rates and service" of companies purchasing Hoover power, was

superseded and repealed by Part II of the Federal Power Act of 1935 with respect to resales of electric energy from Hoover dam at wholesale in interstate commerce, and therefore the Federal Power Commission has jurisdiction over the rates at which Southern California Edison Company sells power, including energy from Hoover and Davis dams, to the City of Colton, California. F.P.C. v. Southern California Edison Co., 376 U.S. 205, 216-20 (1964).

The rates charged by Utah Power and Light Company for wheeling energy, some of which originates out of state, for the Bureau of Reclamation to preference customers are subject to the jurisdiction of the Federal Power Commission under section 201 of the Federal Power Act notwithstanding the fact that the company is performing this paid transportation service for an agency of the Federal Government whose own operations are not subject to the jurisdiction of the Commission. 33 F.P.C. 314 (1965).

INTERCONNECTION AND COORDINATION OF FACILITIES; EMERGENCIES; TRANSMISSION TO FOREIGN COUNTRIES

Sec. 202. (a) [Regions-Voluntary interconnections.]-For the purpose of assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and conservation of natural resources, the Commission is empowered and directed to divide the country into regional districts for the voluntary interconnection and coordination of facilities for the generation, transmission, and sale of electric energy, and it may at any time thereafter, upon its own motion or upon application, make such modifications thereof as in its judgment will promote the

FEDERAL POWER ACT

529

public interest. Each such district shall embrace an area which, in the judgment of the Commission, can economically be served by such interconnected and coordinated electric facilities. It shall be the duty of the Commission to promote and encourage such interconnection and coordination within each such district and between such districts. Before establishing any such district and fixing or modifying the boundaries thereof the Commission shall give notice to the State commission of each State situated wholly or in part within such district, and shall afford each such State commission reasonable opportunity to present its views and recommendations, and shall receive and consider such views and recommendations.

(b) [Mandatory interconnections.]—Whenever the Commission, upon application of any State commission or of any person engaged in the transmission or sale of electric energy, and after notice to each State commission and public utility affected and after opportunity for hearing, finds such action necessary or appropriate in the public interest it may by order direct a public utility (if the Commission finds that no undue burden will be placed upon such public utility thereby) to establish physical connection of its transmission facilities with the facilities of one or more other persons engaged in the transmission or sale of electric energy, to sell energy to or exchange energy with such persons: Provided, That the Commission shall have no authority to compel the enlargement of generating facilities for such purposes, nor to compel such public utility to sell or exchange energy when to do so would impair its ability to render adequate service to its customers. The Commission may prescribe the terms and conditions of the arrangement to be made between the persons affected by any such order, including the apportionment of cost between them and the compensation or reimbursement reasonably due to any of them.

(c) [Emergency powers.]-During the continuance of any war in which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest. If the parties affected by such order fail to agree upon the terms of any arrangement between them in carrying out such order, the Commission, after hearing held either before or after such order takes effect, may prescribe by supplemental order such terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any such party.

(d) [Emergency interconnections.]-During the continuance of any emergency requiring immediate action, any person engaged in the transmission or sale of electric energy and not otherwise subject to the jurisdiction of the Commission may make such temporary connections with any public utility subject to the jurisdiction of the Commission or may construct such temporary facilities for the

« PreviousContinue »