
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC824a-1]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
   SUBCHAPTER II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN 
                           INTERSTATE COMMERCE
 
Sec. 824a-1. Pooling


(a) State laws

    The Commission may, on its own motion, and shall, on application of 
any person or governmental entity, after public notice and notice to the 
Governor of the affected State and after affording an opportunity for 
public hearing, exempt electric utilities, in whole or in part, from any 
provision of State law, or from any State rule or regulation, which 
prohibits or prevents the voluntary coordination of electric utilities, 
including any agreement for central dispatch, if the Commission 
determines that such voluntary coordination is designed to obtain 
economical utilization of facilities and resources in any area. No such 
exemption may be granted if the Commission finds that such provision of 
State law, or rule or regulation--
        (1) is required by any authority of Federal law, or
        (2) is designed to protect public health, safety, or welfare, or 
    the environment or conserve energy or is designed to mitigate the 
    effects of emergencies resulting from fuel shortages.

(b) Pooling study

    (1) The Commission, in consultation with the reliability councils 
established under section 202(a) of the Federal Power Act [16 U.S.C. 
824a], the Secretary, and the electric utility industry shall study the 
opportunities for--
        (A) conservation of energy,
        (B) optimization in the efficiency of use of facilities and 
    resources, and
        (C) increased reliability,

through pooling arrangements. Not later than 18 months after November 9, 
1978, the Commission shall submit a report containing the results of 
such study to the President and the Congress.
    (2) The Commission may recommend to electric utilities that such 
utilities should voluntarily enter into negotiations where the 
opportunities referred to in paragraph (1) exist. The Commission shall 
report annually to the President and the Congress regarding any such 
recommendations and subsequent actions taken by electric utilities, by 
the Commission, and by the Secretary under this Act, the Federal Power 
Act [16 U.S.C. 791a et seq.], and any other provision of law. Such 
annual reports shall be included in the Commission's annual report 
required under the Department of Energy Organization Act [42 U.S.C. 7101 
et seq.].

(Pub. L. 95-617, title II, Sec. 205, Nov. 9, 1978, 92 Stat. 3140.)

                       References in Text

    The Commission, referred to in text, means the Federal Energy 
Regulatory Commission. See section 2602(3) of this title
    The Secretary, referred to in subsec. (b), means the Secretary of 
Energy. See section 2602(14) of this title.
    This Act, referred to in subsec. (b)(2), means Pub. L. 95-617, Nov. 
9, 1978, 92 Stat. 3117, known as the ``Public Utility Regulatory 
Policies Act of 1978''. For complete classification of this Act to the 
Code, see Short Title note set out under section 2601 of this title and 
Tables.
    The Federal Power Act, referred to in subsec. (b)(2), is act June 
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified 
generally to this chapter. For complete classification of this Act to 
the Code, see section 791a of this title and Tables.
    The Department of Energy Organization Act, referred to in subsec. 
(b)(2), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended, which 
is classified principally to chapter 84 (Sec. 7101 et seq.) of Title 42, 
The Public Health and Welfare. For complete classification of this Act 
to the Code, see Short Title note set out under section 7101 of Title 42 
and Tables.

                          Codification

    Section was enacted as part of the Public Utility Regulatory 
Policies Act of 1978, and not as part of the Federal Power Act which 
generally comprises this chapter.
