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16 U.S.C. § 825mEnforcement provisions

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 398 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission may ask a court to stop actual or threatened violations, and the Attorney General may bring criminal proceedings. Courts may order compliance by mandamus. A court may also bar violators of section 824u from utility leadership or buying and selling electricity or Commission-regulated transmission.

(a) If the Commission believes a person is committing or about to commit a violation of this chapter or its rules or orders, it may sue in the proper United States district or territorial court to stop the conduct and enforce compliance. On a proper showing, the court must grant a temporary or permanent injunction, decree, or restraining order without bond. The Commission may send evidence to the Attorney General, who may bring criminal proceedings. (b) On the Commission's application, the district and territorial courts may issue mandamus orders commanding compliance. (c) The Commission may hire attorneys needed for its work, legal service, public-interest representation in investigations or proceedings, or court representation. The Commission's appropriation pays those expenses. (d) In a proceeding under (a), the court may permanently or temporarily, with or without conditions, bar a person engaged in or having engaged in section 824u violations and related rules from (1) being an electric-utility officer or director or (2) buying or selling electric energy or Commission-regulated transmission services.
the actual law source: uscode.house.gov ↗public domain
(a) Enjoining and restraining violations

Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper District Court of the United States or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this chapter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings under this chapter.

(b) Writs of mandamus

Upon application of the Commission the district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder.

(c) Employment of attorneys

The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission’s own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission.

(d) Prohibitions on violators

In any proceedings under subsection (a), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices constituting a violation of section 824u of this title (and related rules and regulations) from—

(1)

acting as an officer or director of an electric utility; or

(2)

engaging in the business of purchasing or selling—

(A)

electric energy; or

(B)

transmission services subject to the jurisdiction of the Commission.

Source credit: (June 10, 1920, ch. 285, pt. III, § 314, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amended June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 109–58, title XII, § 1288, Aug. 8, 2005, 119 Stat. 982.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of June 10, 1920, ch. 285 · 49 Stat. 861
  • 1936Amended · Act of June 25, 1936, ch. 804 · 49 Stat. 1921
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 982

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

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