
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: 16USC825n]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
     SUBCHAPTER III--LICENSEES AND PUBLIC UTILITIES; PROCEDURAL AND 
                        ADMINISTRATIVE PROVISIONS
 
Sec. 825n. Forfeiture for violations; recovery; applicability


(a) Forfeiture

    Any licensee or public utility which willfully fails, within the 
time prescribed by the Commission, to comply with any order of the 
Commission, to file any report required under this chapter or any rule 
or regulation of the Commission thereunder, to submit any information or 
document required by the Commission in the course of an investigation 
conducted under this chapter, or to appear by an officer or agent at any 
hearing or investigation in response to a subpena issued under this 
chapter, shall forfeit to the United States an amount not exceeding 
$1,000 to be fixed by the Commission after notice and opportunity for 
hearing. The imposition or payment of any such forfeiture shall not bar 
or affect any penalty prescribed in this chapter but such forfeiture 
shall be in addition to any such penalty.

(b) Recovery

    The forfeitures provided for in this chapter shall be payable into 
the Treasury of the United States and shall be recoverable in a civil 
suit in the name of the United States, brought in the district where the 
person is an inhabitant or has his principal place of business, or if a 
licensee or public utility, in any district in which such licensee or 
public utility transacts business. It shall be the duty of the various 
United States attorneys, under the direction of the Attorney General of 
the United States, to prosecute for the recovery of forfeitures under 
this chapter. The costs and expenses of such prosecution shall be paid 
from the appropriations for the expenses of the courts of the United 
States.

(c) Applicability

    This subsection \1\ shall not apply in the case of any provision of 
section 824j, 824k, 824l, or 824m of this title or any rule or order 
issued under any such provision.
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    \1\ So in original. Probably should be ``section''.
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(June 10, 1920, ch. 285, pt. III, Sec. 315, as added Aug. 26, 1935, ch. 
687, title II, Sec. 213, 49 Stat. 861; amended June 25, 1948, ch. 646, 
Sec. 1, 62 Stat. 909; Pub. L. 102-486, title VII, Sec. 725(a), Oct. 24, 
1992, 106 Stat. 2920.)


                               Amendments

    1992--Subsec. (c). Pub. L. 102-486 added subsec. (c).

                         Change of Name

    Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States 
attorney'' for ``district attorney''. See section 541 of Title 28, 
Judiciary and Judicial Procedure.


                     State Authorities; Construction

    Nothing in amendment by Pub. L. 102-486 to be construed as affecting 
or intending to affect, or in any way to interfere with, authority of 
any State or local government relating to environmental protection or 
siting of facilities, see section 731 of Pub. L. 102-486, set out as a 
note under section 79 of Title 15, Commerce and Trade.

                          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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 
64 Stat. 1265, set out as a note under section 792 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 7172.
