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16 U.S.C. § 813Power entering into interstate commerce; regulation of rates, charges, etc.

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 449 words · no verdicts yet

in plain englishAI-generated · not legal advice

When licensed power enters interstate or foreign commerce, rates and service must be reasonable, fair, and nondiscriminatory. The Commission may regulate rates, services, and securities in specified situations, and may not allow value for the licensed rights themselves in rate-making valuations.

When the power, or any part of it, enters interstate or foreign commerce, the rates and service of the licensee, its controlled subsidiary, or a power purchaser that sells, distributes, or uses the power for public service must be reasonable, fair, and nondiscriminatory to customers. Unreasonably discriminatory or unjust rates or service are unlawful. If a directly concerned State has no commission or other authority to enforce these requirements or regulate the amount or type of securities issued by the parties, if the States cannot agree through their authorities about the service or rates and charges, or if they cannot agree about the amount or type of securities, the Commission has jurisdiction. On a complaint by an affected person, at a State's request, or on its own initiative, the Commission may enforce this section, regulate the interstate or foreign part of the service and charges, and regulate the parties' securities. A licensee may issue securities subject to those regulations only for the genuine purpose of financing and conducting its business. As far as applicable, the procedures used for railroad rates, charges, and practices under subtitle IV of title 49 govern. Regulated parties have the same hearing, defense, and review rights as railroad companies. When valuing a licensee's property for rate-making, the licensee and Commission may not claim or allow more value for a licensed project than section 807 allows for the United States' purchase. The valuation must include the licensee's cost of locks, other navigation aids, and other capital spending required by the United States. No value may be claimed or allowed for rights granted by the Commission or this chapter.
the actual law source: uscode.house.gov ↗public domain

When said power or any part thereof shall enter into interstate or foreign commerce the rates charged and the service rendered by any such licensee, or by any subsidiary corporation, the stock of which is owned or controlled directly or indirectly by such licensee, or by any person, corporation, or association purchasing power from such licensee for sale and distribution or use in public service shall be reasonable, nondiscriminatory, and just to the customer and all unreasonable discriminatory and unjust rates or services are prohibited and declared to be unlawful; and whenever any of the States directly concerned has not provided a commission or other authority to enforce the requirements of this section within such State or to regulate and control the amount and character of securities to be issued by any of such parties, or such States are unable to agree through their properly constituted authorities on the services to be rendered, or on the rates or charges of payment therefor, or on the amount or character of securities to be issued by any of said parties, jurisdiction is conferred upon the commission, upon complaint of any person, aggrieved, upon the request of any State concerned, or upon its own initiative to enforce the provisions of this section, to regulate and control so much of the services rendered, and of the rates and charges of payment therefor as constitute interstate or foreign commerce and to regulate the issuance of securities by the parties included within this section, and securities issued by the licensee subject to such regulations shall be allowed only for the bona fide purpose of financing and conducting the business of such licensee.

The administration of the provisions of this section, so far as applicable, shall be according to the procedure and practice in fixing and regulating the rates, charges, and practices of railroad companies as provided in subtitle IV of title 49, and the parties subject to such regulation shall have the same rights of hearing, defense, and review as said companies in such cases.

In any valuation of the property of any licensee hereunder for purposes of rate making, no value shall be claimed by the licensee or allowed by the commission for any project or projects under license in excess of the value or values prescribed in section 807 of this title for the purposes of purchase by the United States, but there shall be included the cost to such licensee of the construction of the lock or locks or other aids of navigation and all other capital expenditures required by the United States, and no value shall be claimed or allowed for the rights granted by the commission or by this chapter.

Source credit: (June 10, 1920, ch. 285, pt. I, § 20, 41 Stat. 1073; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of June 10, 1920, ch. 285 · 41 Stat. 1073
  • 1935Amended · Act of Aug. 26, 1935, ch. 687 · 49 Stat. 847

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

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