--- kind: "section" citation: "16 U.S.C. § 824i" title: "16" title_heading: "Conservation" number: "824i" heading: "Interconnection authority" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/824i" units: - "Chapter 12 — Federal Regulation and Development of Power" - "Subchapter II — Regulation of Electric Utility Companies Engaged in Interstate Commerce" --- # §824i. Interconnection authority - (a) **Powers of Commission; application by State regulatory authority—** - (1) Upon application of any [electric utility](/usc/16/796.md?p=22-A), [Federal power marketing agency](/usc/16/796.md?p=19), geothermal power producer (including a producer which is not an [electric utility](/usc/16/796.md?p=22-A)), [qualifying cogenerator](/usc/16/796.md?p=18-C), or [qualifying small power producer](/usc/16/796.md?p=17-D), the [Commission](/usc/16/544.md?p=c) may issue an order requiring— - (A) the physical connection of any [cogeneration facility](/usc/16/796.md?p=18-A), any [small power production facility](/usc/16/796.md?p=17-A), or the transmission facilities of any [electric utility](/usc/16/796.md?p=22-A), with the facilities of such applicant, - (B) such action as may be necessary to make effective any physical connection described in [subparagraph (A)](#a-1-A), which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability, - (C) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B), or - (D) such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B). - (2) Any [State](/usc/16/796.md?p=6) regulatory authority may apply to the [Commission](/usc/16/544.md?p=c) for an order for any action referred to in subparagraph [(A)](#a-1-A), [(B)](#a-1-B), [(C)](#a-1-C), or [(D)](#a-1-D) of paragraph (1). No such order may be issued by the [Commission](/usc/16/544.md?p=c) with respect to a [Federal power marketing agency](/usc/16/796.md?p=19) upon application of a [State](/usc/16/796.md?p=6) regulatory authority. - (b) **Notice, hearing and determination by Commission—** Upon receipt of an application under [subsection (a)](#a), the [Commission](/usc/16/544.md?p=c) shall— - (1) issue notice to each affected [State](/usc/16/796.md?p=6) regulatory authority, each affected [electric utility](/usc/16/796.md?p=22-A), each affected [Federal power marketing agency](/usc/16/796.md?p=19), each affected [owner](/usc/16/429b–3.md?p=4) or operator of a [cogeneration facility](/usc/16/796.md?p=18-A) or of a [small power production facility](/usc/16/796.md?p=17-A), and to the public.[^1] - (2) afford an opportunity for an evidentiary hearing, and - (3) make a determination with respect to the matters referred to in [subsection (c)](#c). - (c) **Necessary findings—** No order may be issued by the [Commission](/usc/16/544.md?p=c) under [subsection (a)](#a) unless the [Commission](/usc/16/544.md?p=c) determines that such order— - (1) is in the public interest, - (2) would— - (A) encourage overall conservation of energy or capital, - (B) optimize the efficiency of use of facilities and resources, or - (C) improve the reliability of any [electric utility](/usc/16/796.md?p=22-A) system or [Federal power marketing agency](/usc/16/796.md?p=19) to which the order applies, and - (3) meets the requirements of [section 824k of this title](/usc/16/824k.md). - (d) **Motion of Commission—** The [Commission](/usc/16/544.md?p=c) may, on its own motion, after compliance with the requirements of paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b), issue an order requiring any action described in [subsection (a)(1)](#a-1) if the [Commission](/usc/16/544.md?p=c) determines that such order meets the requirements of [subsection (c)](#c). No such order may be issued upon the [Commission](/usc/16/544.md?p=c)’s own motion with respect to a [Federal power marketing agency](/usc/16/796.md?p=19). - (e) **Definitions—** - (1) As used in this section, the term “facilities” means only facilities used for the generation or transmission of electric energy. - (2) With respect to an order issued pursuant to an application of a [qualifying cogenerator](/usc/16/796.md?p=18-C) or [qualifying small power producer](/usc/16/796.md?p=17-D) under [subsection (a)(1)](#a-1), the term “facilities of such applicant” means the [qualifying cogeneration facilities](/usc/16/796.md?p=18-B) or [qualifying small power production facilities](/usc/16/796.md?p=17-C) of the applicant, as specified in the application. With respect to an order issued pursuant to an application under [subsection (a)(2)](#a-2), the term “facilities of such applicant” means the [qualifying cogeneration facilities](/usc/16/796.md?p=18-B), [qualifying small power production facilities](/usc/16/796.md?p=17-C), or the transmission facilities of an [electric utility](/usc/16/796.md?p=22-A), as specified in the application. With respect to an order issued by the [Commission](/usc/16/544.md?p=c) on its own motion under [subsection (d)](#d), such term means the [qualifying cogeneration facilities](/usc/16/796.md?p=18-B), [qualifying small power production facilities](/usc/16/796.md?p=17-C), or the transmission facilities of an [electric utility](/usc/16/796.md?p=22-A), as specified in the proposed order. ## Footnotes [^1]: So in original. The period probably should be a comma. ## Source credit (June 10, 1920, ch. 285, pt. II, § 210, as added Pub. L. 95–617, title II, § 202, Nov. 9, 1978, 92 Stat. 3135; amended Pub. L. 96–294, title VI, § 643(a)(2), June 30, 1980, 94 Stat. 770.) ## Notes ### Editorial Notes ### Amendments 1980—Subsec. (a)(1). Pub. L. 96–294 added applicability to geothermal power producers. ### Statutory Notes and Related Subsidiaries ### Study and Report to Congressional Committees on Application of Provisions Relating to Cogeneration, Small Power Production, and Interconnection Authority to Hydroelectric Power Facilities For provisions requiring the Federal Energy Regulatory Commission to conduct a study and report to Congress on whether the benefits of this section and section 824a–3 of this title should be applied to hydroelectric power facilities utilizing new dams or diversions, within the meaning of section 824a–3(k) of this title, see section 8(d) of Pub. L. 99–495, set out as a note under section 824a–3 of this title.