16 U.S.C. § 792 — Federal Power Commission; creation; number; appointment; term; qualifications; vacancies; quorum; chairman; salary; place of holding sessions

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 474 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates a five-member Federal Power Commission, sets appointment, terms, political-balance, qualification, quorum, leadership, pay, and meeting rules, and bars financial interests in power businesses.

A Federal Power Commission, called the “commission,” is created with five commissioners appointed by the President with Senate advice and consent. The President names one chairman, the commission’s principal executive officer, who serves until the term ends. The first commissioners serve staggered one- through five-year terms beginning June 23, 1930, as the President designates. Successors serve five-year terms from the predecessor’s expiration and until qualified successors take office, but not beyond the end of the next congressional session; a vacancy appointee serves only the unexpired term. No more than three commissioners may be from one political party. A person employed by or officially connected with a licensee or power-generating, transmitting, distributing, or selling person or business, owning its stock or bonds, or financially interested in it may not become or serve as commissioner. Commissioners may not have another business, vocation, or employment. A vacancy does not prevent remaining commissioners from using the commission’s powers. Three commissioners make a quorum. The commission has an official seal subject to judicial notice. It annually elects a vice chairman to act when the chairman is absent or disabled or the office is vacant. Commissioners receive lawful travel and subsistence expenses, or a daily allowance instead, while away from the seat of government on official business. The principal office and regular sessions are in the District of Columbia, but special sessions may be held anywhere in the United States when public or party convenience, or avoiding delay or expense, supports doing so.

the actual law source: uscode.house.gov ↗public domain

A commission is created and established to be known as the Federal Power Commission (hereinafter referred to as the “commission”) which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission. Each chairman, when so designated, shall act as such until the expiration of his term of office.

The commissioners first appointed under this section, as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from June 23, 1930, the term of each to be designated by the President at the time of nomination. Their successors shall be appointed each for a term of five years from the date of the expiration of the term for which his predecessor was appointed and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioners. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman.

Each commissioner shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitation prescribed by law, while away from the seat of government upon official business.

The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States.

Source credit: (June 10, 1920, ch. 285, pt. I, § 1, 41 Stat. 1063; June 23, 1930, ch. 572, § 1, 46 Stat. 797; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; 1950 Reorg. Plan No. 9, § 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265; Pub. L. 86–619, § 1, July 12, 1960, 74 Stat. 407.)

history & why it existsrecord from the source credit

1920Enacted · Act of June 10, 1920, ch. 285 · 41 Stat. 1063
1930Amended · Act of June 23, 1930, ch. 572 · 46 Stat. 797
1935Amended · Act of Aug. 26, 1935, ch. 687 · 49 Stat. 847
1960Amended · Pub. L. 86-619 · 74 Stat. 407

A history note hasn’t been published yet. The record shows enactment by ch. 285 on 1920-06-10.

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