Page:United States Statutes at Large Volume 92 Part 3.djvu/516

 92 STAT. 314«

16 USC 79Ia note, 825r. 16 USC 825q.

PUBLIC LAW 95-617—NOV. 9, 1978 30 of the second calendar year which begins after the date of the enactment of this Act and no public utility shall be required to publish a list under section 305(c)(2) of such Act before January 31 of such second calendar year. SEC. 212. PUBLIC PARTICIPATION BEFORE FEDERAL ENERGY REGULATORY COMMISSION. The Federal Power Act is amended by redesignating sections 319 and 320 as 320 and 321, respectively, and by inserting the following new section after section 318: a OFFICE OF PUBLIC PARTICIPATION

16 USC 825q-l.

5 USC 5332 "lote.

Appropriation authorization.

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" SEC. 319. (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. H e shall be appointed and compensated at a rate not in excess of the maximum rate prescribed for G S - 1 8 of the General 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 particip a t i n g 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 part i c i p a t i n g in any proceedinsr before the Commission to any person whose intervention or participation substantially contributed to the approval, in whole or in part, of f^ 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 h a r d s h i p to him. " (3) Nothing in this subsection affects or restricts any r i g h t s of any intervenor or participant under any other applicable law or rule of law. " (4) There are authorized to be appropriated to the Secretary of Energy to b*^ 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.". SEC. 213. CONDUIT HYDROELECTRIC FACILITIES. Part I of the Federal P o w e r Act is amended by a d d i n g the following new section at the end thereof:

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