106 STAT. 2920 PUBUG LAW 102-486—OCT. 24, 1992 Regulations. 16 USC 824m. wholesale transmission services and requests specific rates and charges, and other terms and conditions, unless the transmitting utility agrees to provide such services at rates, charges, terms and conmtions acceptable to such person, the transmitting utility shall, within 60 days of its receipt of the request, or other mutually agreed upon period, provide such person with a detailed written explanation, with specific reference to the facts and circumstances of the request, stating (1) the transmitting utility's basis for the proposed rates, charges, terms, and conditions for such services, and (2) its analysis of any physical or other constraints affecting the provision of such services. "(b) TRANSMISSION CAPACITY AND CONSTRAINTS. — Not later than 1 year after the enactment of this section, the Commission shall promulgate a rule requiring that information be submitted annually to the Commission by transmitting utilities which is adequate to inform potential transmission customers, Stote regulatory authorities, and the public of potentially available transmission capacity and known constraints.". SEC. 724. SALES BY EXEMPT WHOLESALE GENERATORS. Part II of the Federal Power Act is amended by adding the following new section after section 213: 'SEC. 214. SALES BY EXEMPT WHOLESALE GENERATORS. "No rate or charge received by an exempt wholesale generator for the sale of electric energy shall be lawful under section 205 if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this section, the terms 'associate company^ and 'affiliate' shall have the seime meaning as provided in section 2(a) of the Public Utility Holding Company Act of 1935. ". SEC. 725. PENALTIES. (a) EXISTING PENALTIES NOT APPLICABLE TO TRANSMISSION PROVISIONS.—Sections 315 and 316 of the Federal Power Act are each amended by adding the following at the end thereof: "(c) This subsection shall not apply in the case of any provision of section 211, 212, 213, or 214 or any rule or order issued under any such provision.". (b) PENALTIES APPLICABLE TO TRANSMISSION PROVISIONS. —Title III of the Federal Power Act is amended by inserting the following new section after section 316: 16 USC 8250-1. SEC. SieA. ENFORCEMENT OF CERTAIN PROVISIONS. "(a) VIOLATIONS.—It shall be unlawful for any person to violate any provision of section 211, 212, 213, or 214 or any rule or order issued under any such provision. "(b) CIVIL PENALTIES.—Any person who violates any provision of section 211, 212, 213, or 214 or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $10,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 31(d) in the case or civil penalties assessed under section 31. In determining the amount of a proposed penalty, the Commission shall take into consideration 16 USC 825n, 825o.
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