The Federal Power Act is a law appearing in Chapter 12 of
Title 16 of the United States Code
Title 16 of the United States Code outlines the role of conservation in the United States Code.
* —National Parks, Military Parks, Monuments, and Seashores (the " National Park Service Organic Act")
* — Historic Sites, Buildings, Objects, an ...
, entitled "Federal Regulation and Development of Power". Enacted as the Federal Water Power Act on June 10, 1920, and amended many times since, its original purpose was to more effectively coordinate the development of
hydroelectric
Hydroelectricity, or hydroelectric power, is electricity generated from hydropower (water power). Hydropower supplies one sixth of the world's electricity, almost 4500 TWh in 2020, which is more than all other renewable sources combined and ...
projects in the United States. Representative
John J. Esch
John Jacob Esch (March 20, 1861 – April 27, 1941) was an American attorney and member of the United States House of Representatives from 1899 to 1921 serving as a Republican. Born near Norwalk, Wisconsin, he graduated from the University ...
(R-Wisconsin) was the sponsor.
Background
Prior to this time and despite federal control of navigable waters and the necessary congressional approval to construct such facilities, Congress had left the regulation of hydroelectric power to the individual states.
[ Pinchot, Gifford]
Long Struggle for Effective Federal Water Power Legislation
George Washington Law Review 14 Geo. Wash. L. Rev. (1945–1946) The first federal legislation broadly dealing with hydroelectric development regarded its competition with navigation usage; with the passage of the
Rivers and Harbors Act of 1899
The Rivers and Harbors Appropriation Act of 1899 is the oldest federal environmental law in the United States. The Act makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters, or tributaries thereof, of the United S ...
Congress made it illegal to dam navigable streams without a license (or permit) from them. Until 1903, these congressional permits were given away on a 'first come first served' perpetual basis and controlled by the individual states. This would lead to a long debate between competing private and public development interests, and culminate in the act's passage in 1920.
[Charles K. McFarland]
The Federal Government and Water Power, 1901–1913: A Legislative Study in the Nascence of Regulation
'' Land Economics'', pp. 441–52 Vol. 42, No. 4, Nov., 1966.
Overview
The act created the
Federal Power Commission
The Federal Power Commission (FPC) was an independent commission of the United States government, originally organized on June 23, 1930, with five members nominated by the president and confirmed by the Senate. The FPC was originally created in 1 ...
(FPC) (now the
Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (FERC) is the United States federal agency that regulates the transmission and wholesale sale of electricity and natural gas in interstate commerce and regulates the transportation of oil by pipeline in ...
) as the licensing authority for these plants. The FPC regulated the interstate activities of the electric power and
natural gas
Natural gas (also called fossil gas or simply gas) is a naturally occurring mixture of gaseous hydrocarbons consisting primarily of methane in addition to various smaller amounts of other higher alkanes. Low levels of trace gases like carbo ...
industries, and coordinated national hydroelectric power activities. The Commission's mandate called for it to maintain reasonable, nondiscriminatory and just rates to the consumer. It was ensured that 37.5% of the income derived from hydroelectric power leases given out under the Water Power Act of 1920 went to the state in which the dam was built.
The Federal Energy Regulatory Commission (FERC) regulates under Parts II and III of the Federal Power Act.
In 1935, the law was renamed the Federal Power Act, and the FPC's regulatory jurisdiction was expanded to include all interstate
electricity transmission
Electric power transmission is the bulk movement of electrical energy from a generating site, such as a power plant, to an electrical substation. The interconnected lines that facilitate this movement form a ''transmission network''. This is d ...
and wholesale power sales (a/k/a "sales for resale"). The
Energy Policy Act of 2005 further amended the Federal Power Act to extend FERC's jurisdiction to certain power plant sales as well as the reliability of electric service.
Other amendments to the law include the following:
*
Public Utility Regulatory Policies Act
The Public Utility Regulatory Policies Act (PURPA, ) is a United States Act passed as part of the National Energy Act. It was meant to promote energy conservation (reduce demand) and promote greater use of domestic energy and renewable energy (inc ...
(PURPA) (1978)
*
Energy Security Act
The Energy Security Act was signed into law by U.S. President Jimmy Carter on June 30, 1980. Thursday, 19 January 2017
It consisted of six major acts:
* U.S. Synthetic Fuels Corporation Act
* Biomass Energy and Alcohol Fuels Act
* Renewable Ener ...
(1980)
* Electric Consumers Protection Act of 1986
*
Energy Policy Act of 1992
The Energy Policy Act of 1992, effective October 24, 1992, (102nd Congress H.R.776.ENR, abbreviated as EPACT92) is a United States government act. It was passed by Congress and set goals, created mandates, and amended utility laws to increase c ...
*
America's Water Infrastructure Act of 2018[United States. America's Water Infrastructure Act of 2018. . October 23, 2018.]
__NOTOC__
See also
*
Energy law#United States
*
United States Department of Energy#Related legislation
*
Hydropower Regulatory Efficiency Act of 2013 (H.R. 267; 113th Congress) – a proposed bill from the
113th United States Congress
The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...
that would amend the Federal Power Act
* ''
FERC v. Electric Power Supply Ass'n'' A challenge to the act
References
External links
{{Wikisource
* http://www.fws.gov/laws/lawsdigest/fedpowr.html
Federal Power Act Amendments Act of 2003
United States federal energy legislation
1978 in law
95th United States Congress
United States federal legislation articles without infoboxes
1920 in law