{"identifier":"/us/usc/t16/s796","title":16,"num":"\u00a7\u202f796.","heading":"Definitions","text":"\u00a7\u202f796.\nDefinitions\nThe words defined in this section shall have the following meanings for purposes of this chapter, to wit:\n(1) \u201cpublic lands\u201d means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public land laws. It shall not include \u201creservations\u201d, as hereinafter defined;\n(2) \u201creservations\u201d means national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks;\n(3) \u201ccorporation\u201d means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include \u201cmunicipalities\u201d as hereinafter defined;\n(4) \u201cperson\u201d means an individual or a corporation;\n(5) \u201clicensee\u201d means any person, State, or municipality licensed under the provisions of\nsection 797 of this title\n(6) \u201cState\u201d means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States;\n(7) \u201cmunicipality\u201d means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power;\n(8) \u201cnavigable waters\u201d means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids, together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority;\n(9) \u201cmunicipal purposes\u201d means and includes all purposes within municipal powers as defined by the constitution or laws of the State or by the charter of the municipality;\n(10) \u201cGovernment dam\u201d means a dam or other work constructed or owned by the United States for Government purposes with or without contribution from others;\n(11) \u201cproject\u201d means complete unit of improvement or development, consisting of a power house, all water conduits, all dams and appurtenant works and structures (including navigation structures) which are a part of said unit, and all storage, diverting, or forebay reservoirs directly connected therewith, the primary line or lines transmitting power therefrom to the point of junction with the distribution system or with the interconnected primary transmission system, all miscellaneous structures used and useful in connection with said unit or any part thereof, and all water-rights, rights-of-way, ditches, dams, reservoirs, lands, or interest in lands the use and occupancy of which are necessary or appropriate in the maintenance and operation of such unit;\n(12) \u201cproject works\u201d means the physical structures of a project;\n(13) \u201cnet investment\u201d in a project means the actual legitimate original cost thereof as defined and interpreted in the \u201cclassification of investment in road and equipment of steam roads, issue of 1914, Interstate Commerce Commission\u201d, plus similar costs of additions thereto and betterments thereof, minus the sum of the following items properly allocated thereto, if and to the extent that such items have been accumulated during the period of the license from earnings in excess of a fair return on such investment: (a) Unappropriated surplus, (b) aggregate credit balances of current depreciation accounts, and (c) aggregate appropriations of surplus or income held in amortization, sinking fund, or similar reserves, or expended for additions or betterments or used for the purposes for which such reserves were created. The term \u201ccost\u201d shall include, insofar as applicable, the elements thereof prescribed in said classification, but shall not include expenditures from funds obtained through donations by States, municipalities, individuals, or others, and said classification of investment of the Interstate Commerce Commission shall insofar as applicable be published and promulgated as a part of the rules and regulations of the Commission;\n(14) \u201cCommission\u201d and \u201cCommissioner\u201d means the Federal Power Commission, and a member thereof, respectively;\n(15) \u201cState commission\u201d means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy to consumers within the State or municipality;\n(16) \u201csecurity\u201d means any note, stock, treasury stock, bond, debenture, or other evidence of interest in or indebtedness of a corporation subject to the provisions of this chapter;\n(17)\n(A) \u201csmall power production facility\u201d means a facility which is an eligible solar, wind, waste, or geothermal facility, or a facility which\u2014\n(i) produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, geothermal resources, or any combination thereof; and\n(ii) has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 80 megawatts;\n(B) \u201cprimary energy source\u201d means the fuel or fuels used for the generation of electric energy, except that such term does not include, as determined under rules prescribed by the Commission, in consultation with the Secretary of Energy\u2014\n(i) the minimum amounts of fuel required for ignition, startup, testing, flame stabilization, and control uses, and\n(ii) the minimum amounts of fuel required to alleviate or prevent\u2014\n(I) unanticipated equipment outages, and\n(II) emergencies, directly affecting the public health, safety, or welfare, which would result from electric power outages;\n(C) \u201cqualifying small power production facility\u201d means a small power production facility that the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe;\n(D) \u201cqualifying small power producer\u201d means the owner or operator of a qualifying small power production facility;\n(E) \u201celigible solar, wind, waste or geothermal facility\u201d means a facility which produces electric energy solely by the use, as a primary energy source, of solar energy, wind energy, waste resources or geothermal resources; but only if\u2014\n(i) either of the following is submitted to the Commission not later than\n(I) an application for certification of the facility as a qualifying small power production facility; or\n(II) notice that the facility meets the requirements for qualification; and\n(ii) construction of such facility commences not later than\nDecember 31, 1999\n1\n1 So in original. The period probably should be a semicolon.\n(18)\n(A) \u201ccogeneration facility\u201d means a facility which produces\u2014\n(i) electric energy, and\n(ii) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes;\n(B) \u201cqualifying cogeneration facility\u201d means a cogeneration facility that the Commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe;\n(C) \u201cqualifying cogenerator\u201d means the owner or operator of a qualifying cogeneration facility;\n(19) \u201cFederal power marketing agency\u201d means any agency or instrumentality of the United States (other than the Tennessee Valley Authority) which sells electric energy;\n(20) \u201cevidentiary hearings\u201d and \u201cevidentiary proceeding\u201d mean a proceeding conducted as provided in sections 554, 556, and 557 of title 5;\n(21) \u201cState regulatory authority\u201d has the same meaning as the term \u201cState commission\u201d, except that in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority (as defined in\nsection 2602 of this title\n(22)\nElectric utility.\u2014\n(A) The term \u201celectric utility\u201d means a person or Federal or State agency (including an entity described in\nsection 824(f) of this title\n1\n(B) The term \u201celectric utility\u201d includes the Tennessee Valley Authority and each Federal power marketing administration.\n1\n(23)\nTransmitting utility.\u2014\nThe term \u201ctransmitting utility\u201d means an entity (including an entity described in\n(A) in interstate commerce;\n(B) for the sale of electric energy at wholesale.\n1\n(24)\nWholesale transmission services.\u2014\nThe term \u201cwholesale transmission services\u201d means the transmission of electric energy sold, or to be sold, at wholesale in interstate commerce.\n1\n(25)\nExempt wholesale generator.\u2014\nThe term \u201cexempt wholesale generator\u201d shall have the meaning provided by section 79z\u20135a\n2\n2 See References in Text note below.\n1\n(26)\nElectric cooperative.\u2014\nThe term \u201celectric cooperative\u201d means a cooperatively owned electric utility.\n1\n(27)\nRTO.\u2014\nThe term \u201cRegional Transmission Organization\u201d or \u201cRTO\u201d means an entity of sufficient regional scope approved by the Commission\u2014\n(A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and\n(B) to ensure nondiscriminatory access to the facilities.\n1\n(28)\nISO.\u2014\nThe term \u201cIndependent System Operator\u201d or \u201cISO\u201d means an entity approved by the Commission\u2014\n(A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and\n(B) to ensure nondiscriminatory access to the facilities.\n3\n3 So in original. The period probably should be \u201c;\u2000and\u201d.\n(29)\nTransmission organization.\u2014\nThe term \u201cTransmission Organization\u201d means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities.","url":"https://projectusc.org/usc/t16/s796.html","content":[{"t":"sec","id":"/us/usc/t16/s796","children":[{"t":"num","text":"\u00a7\u202f796."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"The words defined in this section shall have the following meanings for purposes of this chapter, to wit:"},{"t":"para","id":"/us/usc/t16/s796/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cpublic lands\u201d means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public land laws. It shall not include \u201creservations\u201d, as hereinafter defined;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201creservations\u201d means national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201ccorporation\u201d means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include \u201cmunicipalities\u201d as hereinafter defined;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201cperson\u201d means an individual or a corporation;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201clicensee\u201d means any person, State, or municipality licensed under the provisions of ","children":[{"t":"ref","text":"section 797 of this title","href":"/us/usc/t16/s797","tail":", and any assignee or successor in interest thereof;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cState\u201d means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cmunicipality\u201d means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cnavigable waters\u201d means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids, together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cmunicipal purposes\u201d means and includes all purposes within municipal powers as defined by the constitution or laws of the State or by the charter of the municipality;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" \u201cGovernment dam\u201d means a dam or other work constructed or owned by the United States for Government purposes with or without contribution from others;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" \u201cproject\u201d means complete unit of improvement or development, consisting of a power house, all water conduits, all dams and appurtenant works and structures (including navigation structures) which are a part of said unit, and all storage, diverting, or forebay reservoirs directly connected therewith, the primary line or lines transmitting power therefrom to the point of junction with the distribution system or with the interconnected primary transmission system, all miscellaneous structures used and useful in connection with said unit or any part thereof, and all water-rights, rights-of-way, ditches, dams, reservoirs, lands, or interest in lands the use and occupancy of which are necessary or appropriate in the maintenance and operation of such unit;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" \u201cproject works\u201d means the physical structures of a project;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" \u201cnet investment\u201d in a project means the actual legitimate original cost thereof as defined and interpreted in the \u201cclassification of investment in road and equipment of steam roads, issue of 1914, Interstate Commerce Commission\u201d, plus similar costs of additions thereto and betterments thereof, minus the sum of the following items properly allocated thereto, if and to the extent that such items have been accumulated during the period of the license from earnings in excess of a fair return on such investment: (a) Unappropriated surplus, (b) aggregate credit balances of current depreciation accounts, and (c) aggregate appropriations of surplus or income held in amortization, sinking fund, or similar reserves, or expended for additions or betterments or used for the purposes for which such reserves were created. The term \u201ccost\u201d shall include, insofar as applicable, the elements thereof prescribed in said classification, but shall not include expenditures from funds obtained through donations by States, municipalities, individuals, or others, and said classification of investment of the Interstate Commerce Commission shall insofar as applicable be published and promulgated as a part of the rules and regulations of the Commission;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" \u201cCommission\u201d and \u201cCommissioner\u201d means the Federal Power Commission, and a member thereof, respectively;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" \u201cState commission\u201d means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy to consumers within the State or municipality;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" \u201csecurity\u201d means any note, stock, treasury stock, bond, debenture, or other evidence of interest in or indebtedness of a corporation subject to the provisions of this chapter;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/17","children":[{"t":"num","text":"(17)"},{"t":"subpara","id":"/us/usc/t16/s796/17/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" \u201csmall power production facility\u201d means a facility which is an eligible solar, wind, waste, or geothermal facility, or a facility which\u2014"},{"t":"clause","id":"/us/usc/t16/s796/17/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, geothermal resources, or any combination thereof; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s796/17/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 80 megawatts;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/17/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" \u201cprimary energy source\u201d means the fuel or fuels used for the generation of electric energy, except that such term does not include, as determined under rules prescribed by the Commission, in consultation with the Secretary of Energy\u2014"},{"t":"clause","id":"/us/usc/t16/s796/17/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the minimum amounts of fuel required for ignition, startup, testing, flame stabilization, and control uses, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s796/17/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" the minimum amounts of fuel required to alleviate or prevent\u2014"},{"t":"subclause","id":"/us/usc/t16/s796/17/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" unanticipated equipment outages, and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s796/17/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" emergencies, directly affecting the public health, safety, or welfare, which would result from electric power outages;","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/17/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" \u201cqualifying small power production facility\u201d means a small power production facility that the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/17/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" \u201cqualifying small power producer\u201d means the owner or operator of a qualifying small power production facility;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/17/E","children":[{"t":"num","text":"(E)"},{"t":"chapeau","text":" \u201celigible solar, wind, waste or geothermal facility\u201d means a facility which produces electric energy solely by the use, as a primary energy source, of solar energy, wind energy, waste resources or geothermal resources; but only if\u2014"},{"t":"clause","id":"/us/usc/t16/s796/17/E/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" either of the following is submitted to the Commission not later than ","children":[{"t":"text","text":"December 31, 1994","tail":":"}]},{"t":"subclause","id":"/us/usc/t16/s796/17/E/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" an application for certification of the facility as a qualifying small power production facility; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t16/s796/17/E/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" notice that the facility meets the requirements for qualification; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s796/17/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" construction of such facility commences not later than ","children":[{"t":"text","text":"December 31, 1999","tail":", or, if not, reasonable diligence is exercised toward the completion of such facility taking into account all factors relevant to construction of the facility."},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The period probably should be a semicolon."},{"t":"text","text":"\u202fSo in original. The period probably should be a semicolon."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/18","children":[{"t":"num","text":"(18)"},{"t":"subpara","id":"/us/usc/t16/s796/18/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" \u201ccogeneration facility\u201d means a facility which produces\u2014"},{"t":"clause","id":"/us/usc/t16/s796/18/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" electric energy, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s796/18/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/18/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" \u201cqualifying cogeneration facility\u201d means a cogeneration facility that the Commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/18/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" \u201cqualifying cogenerator\u201d means the owner or operator of a qualifying cogeneration facility;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" \u201cFederal power marketing agency\u201d means any agency or instrumentality of the United States (other than the Tennessee Valley Authority) which sells electric energy;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" \u201cevidentiary hearings\u201d and \u201cevidentiary proceeding\u201d mean a proceeding conducted as provided in sections 554, 556, and 557 of title 5;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/21","children":[{"t":"num","text":"(21)"},{"t":"content","text":" \u201cState regulatory authority\u201d has the same meaning as the term \u201cState commission\u201d, except that in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority (as defined in ","children":[{"t":"ref","text":"section 2602 of this title","href":"/us/usc/t16/s2602","tail":"), such term means the Tennessee Valley Authority;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"Electric utility.\u2014"},{"t":"subpara","id":"/us/usc/t16/s796/22/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The term \u201celectric utility\u201d means a person or Federal or State agency (including an entity described in ","children":[{"t":"ref","text":"section 824(f) of this title","href":"/us/usc/t16/s824/f","tail":") that sells electric energy."},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/22/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The term \u201celectric utility\u201d includes the Tennessee Valley Authority and each Federal power marketing administration.","children":[{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"Transmitting utility.\u2014"},{"t":"chapeau","text":"The term \u201ctransmitting utility\u201d means an entity (including an entity described in ","children":[{"t":"ref","text":"section 824(f) of this title","href":"/us/usc/t16/s824/f","tail":") that owns, operates, or controls facilities used for the transmission of electric energy\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s796/23/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" in interstate commerce;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/23/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for the sale of electric energy at wholesale.","children":[{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/24","children":[{"t":"num","text":"(24)"},{"t":"heading","text":"Wholesale transmission services.\u2014"},{"t":"content","text":"The term \u201cwholesale transmission services\u201d means the transmission of electric energy sold, or to be sold, at wholesale in interstate commerce.","children":[{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/25","children":[{"t":"num","text":"(25)"},{"t":"heading","text":"Exempt wholesale generator.\u2014"},{"t":"content","text":"The term \u201cexempt wholesale generator\u201d shall have the meaning provided by section 79z\u20135a\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of title 15."},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/26","children":[{"t":"num","text":"(26)"},{"t":"heading","text":"Electric cooperative.\u2014"},{"t":"content","text":"The term \u201celectric cooperative\u201d means a cooperatively owned electric utility.","children":[{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/27","children":[{"t":"num","text":"(27)"},{"t":"heading","text":"RTO.\u2014"},{"t":"chapeau","text":"The term \u201cRegional Transmission Organization\u201d or \u201cRTO\u201d means an entity of sufficient regional scope approved by the Commission\u2014"},{"t":"subpara","id":"/us/usc/t16/s796/27/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/27/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to ensure nondiscriminatory access to the facilities.","children":[{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/28","children":[{"t":"num","text":"(28)"},{"t":"heading","text":"ISO.\u2014"},{"t":"chapeau","text":"The term \u201cIndependent System Operator\u201d or \u201cISO\u201d means an entity approved by the Commission\u2014"},{"t":"subpara","id":"/us/usc/t16/s796/28/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s796/28/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to ensure nondiscriminatory access to the facilities.","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSo in original. The period probably should be \u201c;\u2000and\u201d."},{"t":"text","text":"\u202fSo in original. The period probably should be \u201c;\u2000and\u201d."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s796/29","children":[{"t":"num","text":"(29)"},{"t":"heading","text":"Transmission organization.\u2014"},{"t":"content","text":"The term \u201cTransmission Organization\u201d means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}