Title 16 — Conservation
Chapter 12 — Federal Regulation and Development of Power
§ 825r. Separability
Statutory text
If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Public Utility Regulatory Policies Act of 1978
Pub. L. 95–617 title II § 212 · 92 Stat. 3117
Enacted · 16 U.S.C. § 825r
(June 10, 1920, ch. 285, pt. III, § 320, formerly § 319, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863, and renumbered § 320, Pub. L. 95–617, title II, § 212, Nov. 9, 1978, 92 Stat. 3148.)
Source evidence
Code source credit
(June 10, 1920, ch. 285, pt. III, § 320, formerly § 319, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863, and renumbered § 320, Pub. L. 95–617, title II, § 212, Nov. 9, 1978, 92 Stat. 3148.)Enacted provision · exact public law section
SEC. 212. PUBLIC PARTICIPATION BEFORE FEDERAL ENERGY REGULATORY COMMISSION. The Federal Power Act is amended by redesignating sections 319 16 USC 791a note, 825r. 16 USC 825q. and 320 as 320 and 321, respectively, and by inserting the following new section after section 318: “Sec. 319. “office of public participation (a) (1) There shall be an office in the Commission to be known as the Office of Public Participation (hereinafter in this section referred to as the ‘Office’). “(2) (A) The Office shall be administered by a Director. The Director shall be appointed by the Chairman with the approval of the Commission. The Director may be removed during his term of office by the Chairman, with the approval of the Commission, only for inefficiency, neglect of duty, or malfeasance in office. “(B) The term of office of the Director shall be 4 years. The Director shall be responsible for the discharge of the functions and duties of the Office. He shall be appointed and compensated at a rate not in excess of the maximum rate prescribed for GS–18 of the General 5 USC 5332 note. Schedule under section 5332 of title 5 of the United States Code. “(3) The Director may appoint, and assign the duties of, employees of such Office, and with the concurrence of the Commission he may fix the compensation of such employees and procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5, United States Code. “(b) (1) The Director shall coordinate assistance to the public with respect to authorities exercised by the Commission. The Director shall also coordinate assistance available to persons intervening or participating or proposing to intervene or participate in proceedings before the Commission. “(2) The Commission may, under rules promulgated by it. provide compensation for reasonable attorney’s fees, expert witness fees, and other costs of intervening or participating in any proceeding before the Commission to any person whose intervention or participation substantially contributed to the approval, in whole or in part, of a position advocated by such person. Such compensation may be paid only if the Commission has determined that— “(A) the proceeding is significant, and “(B) such person’s intervention or participation in such proceeding without receipt of compensation constitutes a significant financial hardship to him. “(3) Nothing in this subsection affects or restricts any rights of any intervenor or participant under any other applicable law or rule of law. “(4) Appropriation authorization. There are authorized to be appropriated to the Secretary of Energy to be used by the Office for purposes of compensation of persons under the provisions of this subsection not to exceed $500,000 for the fiscal year 1978, not to exceed $2,000,000 for the fiscal year 1979, not to exceed $2,200,000 for the fiscal year 1980, and not to exceed $2,400,000 for the fiscal year 1981.”.
1 of 1 references resolved to an enrolled provision
Credits
(June 10, 1920, ch. 285, pt. III, § 320, formerly § 319, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863, and renumbered § 320, Pub. L. 95–617, title II, § 212, , 92 Stat. 3148.)