---
kind: "section"
citation: "16 U.S.C. § 824a–1"
title: "16"
title_heading: "Conservation"
number: "824a–1"
heading: "Pooling"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/824a-1"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter II — Regulation of Electric Utility Companies Engaged in Interstate Commerce"
---

# §824a–1. Pooling

- (a) **State laws—** The [Commission](/usc/16/544.md?p=c) may, on its own motion, and shall, on application of any [person](/usc/16/796.md?p=4) or governmental entity, after public notice and notice to the Governor of the affected [State](/usc/16/796.md?p=6) and after affording an opportunity for public hearing, exempt [electric utilities](/usc/16/796.md?p=22-A), in whole or in part, from any provision of [State](/usc/16/796.md?p=6) law, or from any [State](/usc/16/796.md?p=6) rule or regulation, which prohibits or prevents the voluntary coordination of [electric utilities](/usc/16/796.md?p=22-A), including any agreement for central dispatch, if the [Commission](/usc/16/544.md?p=c) determines that such voluntary coordination is designed to obtain economical utilization of facilities and resources in any [area](/usc/16/539m–1.md?p=1-A). No such exemption may be granted if the [Commission](/usc/16/544.md?p=c) finds that such provision of [State](/usc/16/796.md?p=6) 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](/usc/16/544.md?p=c), in consultation with the reliability councils established under section 202(a) of the Federal Power Act [[16 U.S.C. 824a](/usc/16/824a.md)], the [Secretary](/usc/16/410r–5.md?p=c-1), and the [electric utility](/usc/16/796.md?p=22-A) 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](/usc/16/544.md?p=c) shall submit a report containing the results of such study to the President and the Congress.

  - (2) The [Commission](/usc/16/544.md?p=c) may recommend to [electric utilities](/usc/16/796.md?p=22-A) that such utilities should voluntarily enter into negotiations where the opportunities referred to in [paragraph (1)](#b-1) exist. The [Commission](/usc/16/544.md?p=c) shall report annually to the President and the Congress regarding any such recommendations and subsequent actions taken by [electric utilities](/usc/16/796.md?p=22-A), by the [Commission](/usc/16/544.md?p=c), and by the [Secretary](/usc/16/410r–5.md?p=c-1) under this Act, the Federal Power Act [[16 U.S.C. 791a](/usc/16/791a.md) et seq.], and any other provision of law. Such annual reports shall be included in the [Commission](/usc/16/544.md?p=c)’s annual report required under the Department of Energy Organization Act [[42 U.S.C. 7101](/usc/42/7101.md) et seq.].

## Source credit

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

## Notes

### Editorial Notes

### References in Text

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, 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, which is classified principally to chapter 84 (§ 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.

### Statutory Notes and Related Subsidiaries

### Definitions

For definitions of terms used in this section, see section 2602 of this title.