
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC792]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 792. Federal Power Commission; creation; number; 
        appointment; term; qualifications; vacancies; quorum; chairman; 
        salary; place of holding sessions
        
    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.

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

                          Codification

    Provisions which prescribed the compensation of commissioners were 
omitted as obsolete. Compensation of the Chairman and members of the 
Commission was prescribed by sections 5314 and 5315 of Title 5, 
Government Organization and Employees, prior to termination of the 
Commission. See Transfer of Functions note below.


                               Amendments

    1960--Pub. L. 86-619 provided for continuation in office of a 
commissioner upon termination of his term until a successor is appointed 
and has qualified, not beyond expiration of next session of Congress 
subsequent to the expiration of said fixed term of office.
    1930--Act June 23, 1938, amended section generally. Prior to 
amendment section read as follows: ``A commission is hereby created and 
established, to be known as the Federal Power Commission (hereinafter 
referred to as the commission), which shall be composed of the Secretary 
of War, the Secretary of the Interior, and the Secretary of Agriculture. 
Two members of the commission shall constitute a quorum for the 
transaction of business, and the commission shall have an official seal, 
which shall be judicially noticed. The President shall designate the 
chairman of the commission.''


                                 Repeals

    Act Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880, formerly cited 
as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), 
Sept. 6, 1966, 80 Stat. 655.

                          Transfer of Functions

    Federal Power Commission terminated and its functions, personnel, 
property, funds, etc., transferred to Secretary of Energy (except for 
certain functions transferred to Federal Energy Regulatory Commission) 
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The 
Public Health and Welfare.
    Executive and administrative functions of Federal Power Commission, 
with certain reservations, transferred to Chairman of such Commission, 
with authority vested in him to authorize their performance by any 
officer, employee, or administrative unit under his jurisdiction, by 
Reorg. Plan No. 9 of 1950, set out below.

                REORGANIZATION PLAN NO. 9 OF 1950

         Eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, March 13, 1950, pursuant to 
    the provisions of the Reorganization Act of 1949, approved June 20, 
    1949 [see 5 U.S.C. 901 et seq.].

                    FEDERAL POWER COMMISSION


            Section 1. Transfer of Functions to the Chairman

    (a) Subject to the provisions of subsection (b) of this section, 
there are hereby transferred from the Federal Power Commission, 
hereinafter referred to as the Commission, to the Chairman of the 
Commission, hereinafter referred to as the Chairman, the executive and 
administrative functions of the Commission, including functions of the 
Commission with respect to (1) the appointment and supervision of 
personnel employed under the Commission, (2) the distribution of 
business among such personnel and among administrative units of the 
Commission, and (3) the use and expenditure of funds.
    (b)(1) In carrying out any of his functions under the provisions of 
this section the Chairman shall be governed by general policies of the 
Commission and by such regulatory decisions, findings, and 
determinations as the Commission may by law be authorized to make.
    (2) The appointment by the Chairman of the heads of major 
administrative units under the Commission shall be subject to the 
approval of the Commission.
    (3) Personnel employed regularly and full time in the immediate 
offices of Commissioners other than the Chairman shall not be affected 
by the provisions of this reorganization plan.
    (4) There are hereby reserved to the Commission its functions with 
respect to revising budget estimates and with respect to determining 
upon the distribution of appropriated funds according to major programs 
and purposes.


              Sec. 2. Performance of Transferred Functions

    The Chairman may from time to time make such provisions as he shall 
deem appropriate authorizing the performance by any officer, employee, 
or administrative unit under his jurisdiction of any functions 
transferred to the Chairman by the provisions of this reorganization 
plan.


                     Sec. 3. Designation of Chairman

    The functions of the Commission with respect to choosing a chairman 
from among the commissioners composing the Commission are hereby 
transferred to the President.


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 10 of 1950, prepared in 
accordance with the Reorganization Act of 1949 and providing for 
reorganizations in the Securities and Exchange Commission. My reasons 
for transmitting this plan are stated in an accompanying general 
message.
    After investigation I have found and hereby declare that each 
reorganization included in Reorganization Plan No. 10 of 1950 is 
necessary to accomplish one or more of the purposes set forth in section 
2(a) of the Reorganization Act of 1949.
    The taking effect of the reorganizations included in this plan may 
not in itself result in substantial immediate savings. However, many 
benefits in improved operations are probable during the next years which 
will result in a reduction in expenditures as compared with those that 
would be otherwise necessary. An itemization of these reductions in 
advance of actual experience under this plan is not practicable.
                                                        Harry S. Truman.

    The White House, March 13, 1950.
