
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(2)]
[Document affected by Public Law 107-66]
[CITE: 42USC7171]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
           SUBCHAPTER IV--FEDERAL ENERGY REGULATORY COMMISSION
 
Sec. 7171. Appointment and administration


(a) Federal Energy Regulatory Commission; establishment

    There is established within the Department an independent regulatory 
commission to be known as the Federal Energy Regulatory Commission.

(b) Composition; term of office; conflict of interest; expiration of 
        terms

    (1) The Commission shall be composed of five members appointed by 
the President, by and with the advice and consent of the Senate. One of 
the members shall be designated by the President as Chairman. Members 
shall hold office for a term of 5 years and may be removed by the 
President only for inefficiency, neglect of duty, or malfeasance in 
office. Not more than three members of the Commission shall be members 
of the same political party. Any Commissioner 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 remainder of 
such term. A Commissioner may continue to serve after the expiration of 
his term until his successor is appointed and has been confirmed and 
taken the oath of Office, except that such Commissioner shall not serve 
beyond the end of the session of the Congress in which such term 
expires. Members of the Commission shall not engage in any other 
business, vocation, or employment while serving on the Commission.
    (2) Notwithstanding the third sentence of paragraph (1), the terms 
of members first taking office after April 11, 1990, shall expire as 
follows:
        (A) In the case of members appointed to succeed members whose 
    terms expire in 1991, one such member's term shall expire on June 
    30, 1994, and one such member's term shall expire on June 30, 1995, 
    as designated by the President at the time of appointment.
        (B) In the case of members appointed to succeed members whose 
    terms expire in 1992, one such member's term shall expire on June 
    30, 1996, and one such member's term shall expire on June 30, 1997, 
    as designated by the President at the time of appointment.
        (C) In the case of the member appointed to succeed the member 
    whose term expires in 1993, such member's term shall expire on June 
    30, 1998.

(c) Duties and responsibilities of Chairman

    The Chairman shall be responsible on behalf of the Commission for 
the executive and administrative operation of the Commission, including 
functions of the Commission with respect to (1) the appointment and 
employment of hearing examiners in accordance with the provisions of 
title 5, (2) the selection, appointment, and fixing of the compensation 
of such personnel as he deems necessary, including an executive 
director, (3) the supervision of personnel employed by or assigned to 
the Commission, except that each member of the Commission may select and 
supervise personnel for his personal staff, (4) the distribution of 
business among personnel and among administrative units of the 
Commission, and (5) the procurement of services of experts and 
consultants in accordance with section 3109 of title 5. The Secretary 
shall provide to the Commission such support and facilities as the 
Commission determines it needs to carry out its functions.

(d) Supervision and direction of members, employees, or other personnel 
        of Commission

    In the performance of their functions, the members, employees, or 
other personnel of the Commission shall not be responsible to or subject 
to the supervision or direction of any officer, employee, or agent of 
any other part of the Department.

(e) Designation of Acting Chairman; quorum; seal

    The Chairman of the Commission may designate any other member of the 
Commission as Acting Chairman to act in the place and stead of the 
Chairman during his absence. The Chairman (or the Acting Chairman in the 
absence of the Chairman) shall preside at all sessions of the Commission 
and a quorum for the transaction of business shall consist of at least 
three members present. Each member of the Commission, including the 
Chairman, shall have one vote. Actions of the Commission shall be 
determined by a majority vote of the members present. The Commission 
shall have an official seal which shall be judicially noticed.

(f) Rules

    The Commission is authorized to establish such procedural and 
administrative rules as are necessary to the exercise of its functions. 
Until changed by the Commission, any procedural and administrative rules 
applicable to particular functions over which the Commission has 
jurisdiction shall continue in effect with respect to such particular 
functions.

(g) Powers of Commission

    In carrying out any of its functions, the Commission shall have the 
powers authorized by the law under which such function is exercised to 
hold hearings, sign and issue subpenas, administer oaths, examine 
witnesses, and receive evidence at any place in the United States it may 
designate. The Commission may, by one or more of its members or by such 
agents as it may designate, conduct any hearing or other inquiry 
necessary or appropriate to its functions, except that nothing in this 
subsection shall be deemed to supersede the provisions of section 556 of 
title 5 relating to hearing examiners.

(h) Principal office of Commission

    The principal office of the Commission shall be in or near the 
District of Columbia, where its general sessions shall be held, but the 
Commission may sit anywhere in the United States.

(i) Commission deemed agency; attorney for Commission

    For the purpose of section 552b of title 5, the Commission shall be 
deemed to be an agency. Except as provided in section 518 of title 28, 
relating to litigation before the Supreme Court, attorneys designated by 
the Chairman of the Commission may appear for, and represent the 
Commission in, any civil action brought in connection with any function 
carried out by the Commission pursuant to this chapter or as otherwise 
authorized by law.

(j) Annual authorization and appropriation request

    In each annual authorization and appropriation request under this 
chapter, the Secretary shall identify the portion thereof intended for 
the support of the Commission and include a statement by the Commission 
(1) showing the amount requested by the Commission in its budgetary 
presentation to the Secretary and the Office of Management and Budget 
and (2) an assessment of the budgetary needs of the Commission. Whenever 
the Commission submits to the Secretary, the President, or the Office of 
Management and Budget, any legislative recommendation or testimony, or 
comments on legislation, prepared for submission to Congress, the 
Commission shall concurrently transmit a copy thereof to the appropriate 
committees of Congress.

(Pub. L. 95-91, title IV, Sec. 401, Aug. 4, 1977, 91 Stat. 582; Pub. L. 
101-271, Sec. 2(a), (b), Apr. 11, 1990, 104 Stat. 135.)

                       References in Text

    This chapter, referred to in subsecs. (i) and (j), was in the 
original ``this Act'', meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 
565, as amended, known as the Department of Energy Organization Act, 
which is classified principally to this chapter. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 7101 of this title and Tables.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-271 designated existing provisions as 
par. (1), substituted ``5 years'' for ``four years'', struck out after 
third sentence ``The terms of the members first taking office shall 
expire (as designated by the President at the time of appointment), two 
at the end of two years, two at the end of three years, and one at the 
end of four years.'', substituted ``A Commissioner may continue to serve 
after the expiration of his term until his successor is appointed and 
has been confirmed and taken the oath of Office, except that such 
Commissioner shall not serve beyond the end of the session of the 
Congress in which such term expires.'' for ``A Commissioner may continue 
to serve after the expiration of his term until his successor has taken 
office, except that he may not so continue to serve for more than one 
year after the date on which his term would otherwise expire under this 
subsection.'', and added par. (2).


                    Effective Date of 1990 Amendment

    Section 2(c) of Pub. L. 101-271 provided that: ``The amendments made 
by this section [amending this section] apply only to persons appointed 
or reappointed as members of the Federal Energy Regulatory Commission 
after the date of enactment of this Act [Apr. 11, 1990].''


           Renewable Energy and Energy Conservation Incentives

    Pub. L. 101-549, title VIII, Sec. 808, Nov. 15, 1990, 104 Stat. 
2690, provided that:
    ``(a) Definition.--For purposes of this section, `renewable energy' 
means energy from photovoltaic, solar thermal, wind, geothermal, and 
biomass energy production technologies.
    ``(b) Rate Incentives Study.--Within 18 months after enactment [Nov. 
15, 1990], the Federal Energy Regulatory Commission, in consultation 
with the Environmental Protection Agency, shall complete a study which 
calculates the net environmental benefits of renewable energy, compared 
to nonrenewable energy, and assigns numerical values to them. The study 
shall include, but not be limited to, environmental impacts on air, 
water, land use, water use, human health, and waste disposal.
    ``(c) Model Regulations.--In conjunction with the study in 
subsection (b), the Commission shall propose one or more models for 
incorporating the net environmental benefits into the regulatory 
treatment of renewable energy in order to provide economic compensation 
for those benefits.
    ``(d) Report.--The Commission shall transmit the study and the model 
regulations to Congress, along with any recommendations on the best ways 
to reward renewable energy technologies for their environmental 
benefits, in a report no later than 24 months after enactment [Nov. 15, 
1990].''


Retention and Use of Revenues From Licensing Fees, Inspection Services, 
 and Other Services and Collections; Reduction To Achieve Final Fiscal 
                           Year Appropriation

    Pub. L. 106-60, title III, Sept. 29, 1999, 113 Stat. 494, provided 
in part: ``That notwithstanding any other provision of law, not to 
exceed $174,950,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2000 shall be retained and used 
for necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 2000 so as to result in a final fiscal year 2000 appropriation from 
the General Fund estimated at not more than $0.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 105-245, title III, Oct. 7, 1998, 112 Stat. 1851.
    Pub. L. 105-62, title III, Oct. 13, 1997, 111 Stat. 1334.
    Pub. L. 104-206, title III, Sept. 30, 1996, 110 Stat. 2998.
    Pub. L. 104-46, title III, Nov. 13, 1995, 109 Stat. 416.
    Pub. L. 103-316, title III, Aug. 26, 1994, 108 Stat. 1719.
    Pub. L. 103-126, title III, Oct. 28, 1993, 107 Stat. 1330.
    Pub. L. 102-377, title III, Oct. 2, 1992, 106 Stat. 1338.
    Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 531.
    Pub. L. 101-514, title III, Nov. 5, 1990, 104 Stat. 2093.
    Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 661.
    Pub. L. 100-371, title III, July 19, 1988, 102 Stat. 870.
    Pub. L. 100-202, Sec. 101(d) [title III], Dec. 22, 1987, 101 Stat. 
1329-104, 1329-124.
    Pub. L. 99-500, Sec. 101(e) [title III], Oct. 18, 1986, 100 Stat. 
1783-194, 1783-208, and Pub. L. 99-591, Sec. 101(e) [title III], Oct. 
30, 1986, 100 Stat. 3341-194, 3341-208.

                  Section Referred to in Other Sections

    This section is referred to in section 7192 of this title.
