16 USC CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES

TITLE 16 - CONSERVATION

CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES

Sec.

2601\. Findings.

2602\. Definitions.

2603\. Relationship to antitrust laws.

SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

2611\. Purposes.

2612\. Coverage.

\(a\) Volume of total retail sales.

\(b\) Exclusion of wholesale sales.

\(c\) List of covered utilities.

2613\. Federal contracts.

SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

2621\. Consideration and determination respecting certain ratemaking

standards.

\(a\) Consideration and determination.

\(b\) Procedural requirements for consideration and

determination.

\(c\) Implementation.

\(d\) Establishment.

2622\. Obligations to consider and determine.

\(a\) Request for consideration and determination.

\(b\) Time limitations.

\(c\) Failure to comply.

2623\. Adoption of certain standards.

\(a\) Adoption of standards.

\(b\) Establishment.

\(c\) Procedural requirements.

2624\. Lifeline rates.

\(a\) Lower rates.

\(b\) Determination.

\(c\) Prior proceedings.

2625\. Special rules for standards.

\(a\) Cost of service.

\(b\) Time-of-day rates.

\(c\) Load management techniques.

\(d\) Master metering.

\(e\) Automatic adjustment clauses.

\(f\) Information to consumers.

\(g\) Procedures for termination of electric service.

\(h\) Advertising.

2626\. Reports respecting standards.

\(a\) State authorities and nonregulated utilities.

\(b\) Secretary.

2627\. Relationship to State law.

\(a\) Revenue and rate of return.

\(b\) State authority.

\(c\) Federal agencies.

SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW

2631\. Intervention in proceedings.

\(a\) Authority to intervene and participate.

\(b\) Access to information.

\(c\) Effective date; procedures.

2632\. Consumer representation.

\(a\) Compensation for costs of participation or

intervention.

\(b\) Alternative means.

\(c\) Transcripts.

\(d\) Federal agencies.

\(e\) Rights under other authority.

2633\. Judicial review and enforcement.

\(a\) Limitation of Federal jurisdiction.

\(b\) Enforcement of intervention right.

\(c\) Review and enforcement.

\(d\) Other authority of Secretary.

2634\. Prior and pending proceedings.

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

2641\. Voluntary guidelines.

2642\. Responsibilities of Secretary.

\(a\) Authority.

\(b\) Technical assistance.

\(c\) Appropriations.

2643\. Gathering information on costs of service.

\(a\) Information required to be gathered.

\(b\) Commission rules.

\(c\) Filing and publication.

\(d\) Enforcement.

2644\. Relationship to other authority.

2645\. Utility regulatory institute.

\(a\) Matching grants.

\(b\) Federal share.

\(c\) Restrictions.

\(d\) Authorization of appropriations.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 10 section 2483; title 42

sections 6807, 7375.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2601. Findings

The Congress finds that the protection of the public health,

safety, and welfare, the preservation of national security, and the

proper exercise of congressional authority under the Constitution

to regulate interstate commerce require -

\(1\) a program providing for increased conservation of electric

energy, increased efficiency in the use of facilities and

resources by electric utilities, and equitable retail rates for

electric consumers,

\(2\) a program to improve the wholesale distribution of electric

energy, the reliability of electric service, the procedures

concerning consideration of wholesale rate applications before

the Federal Energy Regulatory Commission, the participation of

the public in matters before the Commission, and to provide other

measures with respect to the regulation of the wholesale sale of

electric energy,

\(3\) a program to provide for the expeditious development of

hydroelectric potential at existing small dams to provide needed

hydroelectric power,

\(4\) a program for the conservation of natural gas while

insuring that rates to natural gas consumers are equitable,

\(5\) a program to encourage the development of crude oil

transportation systems, and

\(6\) the establishment of certain other authorities as provided

in title VI of this Act.

SOURCE

(Pub. L. 95-617, Sec. 2, Nov. 9, 1978, 92 Stat. 3119.

REFERENCES IN TEXT

This Act, referred to in par. (6), is Pub. L. 95-617, Nov. 9,

1978, 92 Stat. 3117, as amended, known as the Public Utility

Regulatory Policies Act of 1978. Title VI of this Act enacted

sections 824a-4 and 2645 of this title and sections 717x to 717z of

Title 15, Commerce and Trade, amended section 717f of Title 15 and

sections 1311, 1312, and 1314 to 1316 of Title 30, Mineral Lands

and Mining, and enacted provisions set out as a note under section

2621 of this title. For complete classification of this Act to the

Code, see Short Title note below and Tables.

CODIFICATION

This section was not enacted as part of title I of Pub. L. 95-617

which comprises this chapter.

SHORT TITLE

Section 1 of Pub. L. 95-617 provided that: \'\'This Act (enacting

this chapter, and sections 823a, 824a-1 to 824a-4, 824i to 824k,

825q-1, and 2701 to 2708 of this title, sections 717x to 717z and

3201 to 3211 of Title 15, Commerce and Trade, section 6808 of Title

42, The Public Health and Welfare, and sections 2001 to 2012 of

Title 43, Public Lands, amending sections 796, 824, 824a, 824d, and

825d of this title, section 717f of Title 15, sections 1311, 1312,

and 1314 to 1316 of Title 30, Mineral Lands and Mining, and

sections 6801 to 6807 of Title 42, and enacting provisions set out

as notes under sections 824, 824a, 824d, 825d, and 2621 of this

title) may be cited as the \'Public Utility Regulatory Policies Act

of 1978\'.\'\'

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2602. Definitions

As used in this Act, except as otherwise specifically provided -

\(1\) The term \'\'antitrust laws\'\' includes the Sherman Antitrust

Act (15 U.S.C. 1 and following), the Clayton Act (15 U.S.C. 12

and following), the Federal Trade Commission Act (15 U.S.C.

14(41) and following), the Wilson Tariff Act (15 U.S.C. 8 and 9),

and the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,

13b, and 21A).

\(2\) The term \'\'class\'\' means, with respect to electric

consumers, any group of such consumers who have similar

characteristics of electric energy use.

\(3\) The term \'\'Commission\'\' means the Federal Energy Regulatory

Commission.

\(4\) The term \'\'electric utility\'\' means any person, State

agency, or Federal agency, which sells electric energy.

\(5\) The term \'\'electric consumer\'\' means any person, State

agency, or Federal agency, to which electric energy is sold other

than for purposes of resale.

\(6\) The term \'\'evidentiary hearing\'\' means -

\(A\) in the case of a State agency, a proceeding which (i) is

open to the public, (ii) includes notice to participants and an

opportunity for such participants to present direct and

rebuttal evidence and to cross-examine witnesses, (iii)

includes a written decision, based upon evidence appearing in a

written record of the proceeding, and (iv) is subject to

judicial review;

\(B\) in the case of a Federal agency, a proceeding conducted

as provided in sections 554, 556, and 557 of title 5; and

\(C\) in the case of a proceeding conducted by any entity other

than a State or Federal agency, a proceeding which conforms, to

the extent appropriate, with the requirements of subparagraph

(A).

\(7\) The term \'\'Federal agency\'\' means an executive agency (as

defined in section 105 of title 5).

\(8\) The term \'\'load management technique\'\' means any technique

(other than a time-of-day or seasonal rate) to reduce the maximum

kilowatt demand on the electric utility, including ripple or

radio control mechanisms, and other types of interruptible

electric service, energy storage devices, and load-limiting

devices.

\(9\) The term \'\'nonregulated electric utility\'\' means any

electric utility other than a State regulated electric utility.

\(10\) The term \'\'rate\'\' means (A) any price, rate, charge, or

classification made, demanded, observed, or received with respect

to sale of electric energy by an electric utility to an electric

consumer, (B) any rule, regulation, or practice respecting any

such rate, charge, or classification, and (C) any contract

pertaining to the sale of electric energy to an electric

consumer.

\(11\) The term \'\'ratemaking authority\'\' means authority to fix,

modify, approve, or disapprove rates.

\(12\) The term \'\'rate schedule\'\' means the designation of the

rates which an electric utility charges for electric energy.

\(13\) The term \'\'sale\'\' when used with respect to electric

energy includes any exchange of electric energy.

\(14\) The term \'\'Secretary\'\' means the Secretary of Energy.

\(15\) The term \'\'State\'\' means a State, the District of

Columbia, and Puerto Rico.

\(16\) The term \'\'State agency\'\' means a State, political

subdivision thereof, and any agency or instrumentality of either.

\(17\) The term \'\'State regulatory authority\'\' means any State

agency which has ratemaking authority with respect to the sale of

electric energy by any electric utility (other than such State

agency), and in the case of an electric utility with respect to

which the Tennessee Valley Authority has ratemaking authority,

such term means the Tennessee Valley Authority.

\(18\) The term \'\'State regulated electric utility\'\' means any

electric utility with respect to which a State regulatory

authority has ratemaking authority.

\(19\) The term \'\'integrated resource planning\'\' means, in the

case of an electric utility, a planning and selection process for

new energy resources that evaluates the full range of

alternatives, including new generating capacity, power purchases,

energy conservation and efficiency, cogeneration and district

heating and cooling applications, and renewable energy resources,

in order to provide adequate and reliable service to its electric

customers at the lowest system cost. The process shall take into

account necessary features for system operation, such as

diversity, reliability, dispatchability, and other factors of

risk; shall take into account the ability to verify energy

savings achieved through energy conservation and efficiency and

the projected durability of such savings measured over time; and

shall treat demand and supply resources on a consistent and

integrated basis.

\(20\) The term \'\'system cost\'\' means all direct and quantifiable

net costs for an energy resource over its available life,

including the cost of production, distribution, transportation,

utilization, waste management, and environmental compliance.

\(21\) The term \'\'demand side management\'\' includes load

management techniques.

SOURCE

(Pub. L. 95-617, Sec. 3, Nov. 9, 1978, 92 Stat. 3119; Pub. L.

102-486, title I, Sec. 111(d), Oct. 24, 1992, 106 Stat. 2796.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 95-617, Nov. 9, 1978,

92 Stat. 3117, as amended, 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 Sherman Antitrust Act (15 U.S.C. 1 and following), referred

to in par. (1), is act July 2, 1890, ch. 647, 26 Stat. 209, as

amended, which enacted sections 1 to 7 of Title 15, Commerce and

Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 1 of Title 15 and Tables.

The Clayton Act (15 U.S.C. 12 and following), referred to in par.

(1), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which

is classified generally to sections 12, 13, 14 to 19, 20, 21, and

22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of

Title 29, Labor. For further details and complete classification of

this Act to the Code, see References in Text note set out under

section 12 of Title 15 and Tables.

The Federal Trade Commission Act (15 U.S.C. 14 and following),

referred to in par. (1), is act Sept. 26, 1914, ch. 311, 38 Stat.

717, as amended, which is classified generally to subchapter I

(Sec. 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see section 58 of

Title 15 and Tables.

The Wilson Tariff Act (15 U.S.C. 8 and 9), referred to in par.

(1), is sections 73 to 77 of act Aug. 27, 1894, ch. 349, 28 Stat.

570\. Sections 73 to 76 enacted sections 8 to 11 of Title 15,

Commerce and Trade. Section 77 of said Act was not classified to

the Code. For complete classification of this Act to the Code, see

Short Title note under section 8 of Title 15 and Tables.

Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and

21A), referred to in par. (1), is act June 19, 1936, ch. 592, 49

Stat. 1526, popularly known as the Robinson-Patman

Antidiscrimination Act, which enacted sections 13a, 13b, and 21a of

Title 15, Commerce and Trade, and amended section 13 of Title 15.

For complete classification of this Act to the Code, see Short

Title note set out under section 13 of Title 15 and Tables.

CODIFICATION

This section was not enacted as part of title I of Pub. L. 95-617

which comprises this chapter.

AMENDMENTS

1992 - Pars. (19) to (21). Pub. L. 102-486 added pars. (19) to

(21).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796, 2627 of this title;

title 42 sections 2296b-7, 6807, 6807a, 7276c.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2603. Relationship to antitrust laws

Nothing in this Act or in any amendment made by this Act affects

\-

\(1\) the applicability of the antitrust laws to any electric

utility or gas utility (as defined in section 3202 of title 15),

or

\(2\) any authority of the Secretary or of the Commission under

any other provision of law (including the Federal Power Act (16

U.S.C. 791a et seq.) and the Natural Gas Act (15 U.S.C. 717 et

seq.)) respecting unfair methods of competition or

anticompetitive acts or practices.

SOURCE

(Pub. L. 95-617, Sec. 4, Nov. 9, 1978, 92 Stat. 3120.)

REFERENCES IN TEXT

This Act, referred to in text, is act Pub. L. 95-617, Nov. 9,

1978, 92 Stat. 3117, as amended, 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 par. (2), is act June 10,

1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of this title. For

complete classification of this Act to the Code, see section 791a

of this title and Tables.

The Natural Gas Act, referred to in par. (2), is act June 21,

1938, ch. 556, 52 Stat. 821, as amended, which is classified

generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

section 717w of Title 15 and Tables.

CODIFICATION

This section was not enacted as part of title I of Pub. L. 95-617

which comprises this chapter.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2611. Purposes

The purposes of this chapter are to encourage -

\(1\) conservation of energy supplied by electric utilities;

\(2\) the optimization of the efficiency of use of facilities and

resources by electric utilities; and

\(3\) equitable rates to electric consumers.

SOURCE

(Pub. L. 95-617, title I, Sec. 101, Nov. 9, 1978, 92 Stat. 3120.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original \'\'this

title\'\', meaning title I (Sec. 101 et seq.) of Pub. L. 95-617, Nov.

9, 1978, 92 Stat. 3120, which enacted this chapter and amended

sections 6801 to 6808 of Title 42, The Public Health and Welfare.

For complete classification of Title I to the Code, see Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 824a-4 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2612. Coverage

\(a\) Volume of total retail sales

This chapter applies to each electric utility in any calendar

year, and to each proceeding relating to each electric utility in

such year, if the total sales of electric energy by such utility

for purposes other than resale exceeded 500 million kilowatt-hours

during any calendar year beginning after December 31, 1975, and

before the immediately preceding calendar year.

\(b\) Exclusion of wholesale sales

The requirements of this chapter do not apply to the operations

of an electric utility, or to proceedings respecting such

operations, to the extent that such operations or proceedings

relate to sales of electric energy for purposes of resale.

\(c\) List of covered utilities

Before the beginning of each calendar year, the Secretary shall

publish a list identifying each electric utility to which this

chapter applies during such calendar year. Promptly after

publication of such list each State regulatory authority shall

notify the Secretary of each electric utility on the list for which

such State regulatory authority has ratemaking authority.

SOURCE

(Pub. L. 95-617, title I, Sec. 102, Nov. 9, 1978, 92 Stat. 3121.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2613, 2642 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2613. Federal contracts

Notwithstanding the limitation contained in section 2612(b) of

this title, no contract between a Federal agency and any electric

utility for the sale of electric energy by such Federal agency for

resale which is entered into or renewed after November 9, 1978, may

contain any provision which will have the effect of preventing the

implementation of any requirement of subchapter II or III of this

chapter. Any provision in any such contract which has such effect

shall be null and void.

SOURCE

(Pub. L. 95-617, title I, Sec. 103, Nov. 9, 1978, 92 Stat. 3121.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2621. Consideration and determination respecting certain

ratemaking standards

\(a\) Consideration and determination

Each State regulatory authority (with respect to each electric

utility for which it has ratemaking authority) and each

nonregulated electric utility shall consider each standard

established by subsection (d) of this section and make a

determination concerning whether or not it is appropriate to

implement such standard to carry out the purposes of this chapter.

For purposes of such consideration and determination in accordance

with subsections (b) and (c) of this section, and for purposes of

any review of such consideration and determination in any court in

accordance with section 2633 of this title, the purposes of this

chapter supplement otherwise applicable State law. Nothing in this

subsection prohibits any State regulatory authority or nonregulated

electric utility from making any determination that it is not

appropriate to implement any such standard, pursuant to its

authority under otherwise applicable State law.

\(b\) Procedural requirements for consideration and determination

\(1\) The consideration referred to in subsection (a) of this

section shall be made after public notice and hearing. The

determination referred to in subsection (a) of this section shall

be -

\(A\) in writing,

\(B\) based upon findings included in such determination and upon

the evidence presented at the hearing, and

\(C\) available to the public.

\(2\) Except as otherwise provided in paragraph (1), in the second

sentence of section 2622(a) of this title, and in sections 2631 and

2632 of this title, the procedures for the consideration and

determination referred to in subsection (a) of this section shall

be those established by the State regulatory authority or the

nonregulated electric utility.

\(c\) Implementation

\(1\) The State regulatory authority (with respect to each electric

utility for which it has ratemaking authority) or nonregulated

electric utility may, to the extent consistent with otherwise

applicable State law -

\(A\) implement any such standard determined under subsection (a)

of this section to be appropriate to carry out the purposes of

this chapter, or

\(B\) decline to implement any such standard.

\(2\) If a State regulatory authority (with respect to each

electric utility for which it has ratemaking authority) or

nonregulated electric utility declines to implement any standard

established by subsection (d) of this section which is determined

under subsection (a) of this section to be appropriate to carry out

the purposes of this chapter, such authority or nonregulated

electric utility shall state in writing the reasons therefor. Such

statement of reasons shall be available to the public.

\(3\) If a State regulatory authority implements a standard

established by subsection (d)(7) or (8) of this section, such

authority shall -

\(A\) consider the impact that implementation of such standard

would have on small businesses engaged in the design, sale,

supply, installation or servicing of energy conservation, energy

efficiency or other demand side management measures, and

\(B\) implement such standard so as to assure that utility

actions would not provide such utilities with unfair competitive

advantages over such small businesses.

\(d\) Establishment

The following Federal standards are hereby established:

\(1\) Cost of service

Rates charged by any electric utility for providing electric

service to each class of electric consumers shall be designed, to

the maximum extent practicable, to reflect the costs of providing

electric service to such class, as determined under section

2625(a) of this title.

\(2\) Declining block rates

The energy component of a rate, or the amount attributable to

the energy component in a rate, charged by any electric utility

for providing electric service during any period to any class of

electric consumers may not decrease as kilowatt-hour consumption

by such class increases during such period except to the extent

that such utility demonstrates that the costs to such utility of

providing electric service to such class, which costs are

attributable to such energy component, decrease as such

consumption increases during such period.

\(3\) Time-of-day rates

The rates charged by any electric utility for providing

electric service to each class of electric consumers shall be on

a time-of-day basis which reflects the costs of providing

electric service to such class of electric consumers at different

times of the day unless such rates are not cost-effective with

respect to such class, as determined under section 2625(b) of

this title.

\(4\) Seasonal rates

The rates charged by an electric utility for providing electric

service to each class of electric consumers shall be on a

seasonal basis which reflects the costs of providing service to

such class of consumers at different seasons of the year to the

extent that such costs vary seasonally for such utility.

\(5\) Interruptible rates

Each electric utility shall offer each industrial and

commercial electric consumer an interruptible rate which reflects

the cost of providing interruptible service to the class of which

such consumer is a member.

\(6\) Load management techniques

Each electric utility shall offer to its electric consumers

such load management techniques as the State regulatory authority

(or the nonregulated electric utility) has determined will -

\(A\) be practicable and cost-effective, as determined under

section 2625(c) of this title,

\(B\) be reliable, and

\(C\) provide useful energy or capacity management advantages

to the electric utility.

\(7\) Integrated resource planning

Each electric utility shall employ integrated resource

planning. All plans or filings before a State regulatory

authority to meet the requirements of this paragraph must be

updated on a regular basis, must provide the opportunity for

public participation and comment, and contain a requirement that

the plan be implemented.

\(8\) Investments in conservation and demand management

The rates allowed to be charged by a State regulated electric

utility shall be such that the utility\'s investment in and

expenditures for energy conservation, energy efficiency

resources, and other demand side management measures are at least

as profitable, giving appropriate consideration to income lost

from reduced sales due to investments in and expenditures for

conservation and efficiency, as its investments in and

expenditures for the construction of new generation,

transmission, and distribution equipment. Such energy

conservation, energy efficiency resources and other demand side

management measures shall be appropriately monitored and

evaluated.

\(9\) Energy efficiency investments in power generation and supply

The rates charged by any electric utility shall be such that

the utility is encouraged to make investments in, and

expenditures for, all cost-effective improvements in the energy

efficiency of power generation, transmission and distribution.

In considering regulatory changes to achieve the objectives of

this paragraph, State regulatory authorities and nonregulated

electric utilities shall consider the disincentives caused by

existing ratemaking policies, and practices, and consider

incentives that would encourage better maintenance, and

investment in more efficient power generation, transmission and

distribution equipment.

\(10\) Consideration of the effects of wholesale power purchases on

utility cost of capital; effects of leveraged capital

structures on the reliability of wholesale power sellers; and

assurance of adequate fuel supplies

\(A\) To the extent that a State regulatory authority requires or

allows electric utilities for which it has ratemaking authority

to consider the purchase of long-term wholesale power supplies as

a means of meeting electric demand, such authority shall perform

a general evaluation of:

\(i\) the potential for increases or decreases in the costs of

capital for such utilities, and any resulting increases or

decreases in the retail rates paid by electric consumers, that

may result from purchases of long-term wholesale power supplies

in lieu of the construction of new generation facilities by

such utilities;

\(ii\) whether the use by exempt wholesale generators (as

defined in section 79z-5a of title 15) of capital structures

which employ proportionally greater amounts of debt than the

capital structures of such utilities threatens reliability or

provides an unfair advantage for exempt wholesale generators

over such utilities;

\(iii\) whether to implement procedures for the advance

approval or disapproval of the purchase of a particular

long-term wholesale power supply; and

\(iv\) whether to require as a condition for the approval of

the purchase of power that there be reasonable assurances of

fuel supply adequacy.

\(B\) For purposes of implementing the provisions of this

paragraph, any reference contained in this section to November 9,

1978, shall be deemed to be a reference to October 24, 1992.

\(C\) Notwithstanding any other provision of Federal law, nothing

in this paragraph shall prevent a State regulatory authority from

taking such action, including action with respect to the

allowable capital structure of exempt wholesale generators, as

such State regulatory authority may determine to be in the public

interest as a result of performing evaluations under the

standards of subparagraph (A).

\(D\) Notwithstanding section 2634 of this title and paragraphs

\(1\) and (2) of section 2622(a) of this title, each State

regulatory authority shall consider and make a determination

concerning the standards of subparagraph (A) in accordance with

the requirements of subsections (a) and (b) of this section,

without regard to any proceedings commenced prior to October 24,

1992\.

\(E\) Notwithstanding subsections (b) and (c) of section 2622 of

this title, each State regulatory authority shall consider and

make a determination concerning whether it is appropriate to

implement the standards set out in subparagraph (A) not later

than one year after October 24, 1992.

SOURCE

(Pub. L. 95-617, title I, Sec. 111, Nov. 9, 1978, 92 Stat. 3121;

Pub. L. 102-486, title I, Sec. 111(a), (b), title VII, Sec. 712,

Oct. 24, 1992, 106 Stat. 2795, 2910.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c), was in the

original \'\'this title\'\', meaning title I (Sec. 101 et seq.) of Pub.

L. 95-617, Nov. 9, 1978, 92 Stat. 3120, which enacted this chapter

and amended sections 6801 to 6808 of Title 42, The Public Health

and Welfare. For complete classification of title I to the Code,

see Tables.

AMENDMENTS

1992 - Subsec. (c)(3). Pub. L. 102-486, Sec. 111(b), added par.

(3).

Subsec. (d)(7) to (9). Pub. L. 102-486, Sec. 111(a), added pars.

\(7\) to (9).

Subsec. (d)(10). Pub. L. 102-486, Sec. 712, added par. (10).

STATE AUTHORITIES; CONSTRUCTION

Nothing in amendment by section 712 of Pub. L. 102-486 to be

construed as affecting or intending to affect, or in any way to

interfere with, authority of any State or local government relating

to environmental protection or siting of facilities, see section

731 of Pub. L. 102-486, set out as a note under section 79 of Title

15, Commerce and Trade.

REPORT TO PRESIDENT AND CONGRESS ON ENCOURAGEMENT OF INTEGRATED

RESOURCE PLANNING AND INVESTMENTS IN CONSERVATION AND ENERGY

EFFICIENCY BY ELECTRIC UTILITIES

Section 111(e) of Pub. L. 102-486 provided that: \'\'Not later than

2 years after the date of the enactment of this Act (Oct. 24,

1992), the Secretary shall transmit a report to the President and

to the Congress containing -

\'\'(1) a survey of all State laws, regulations, practices, and

policies under which State regulatory authorities implement the

provisions of paragraphs (7), (8), and (9) of section 111(d) of

the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.

2621(d)(7)-(9));

\'\'(2) an evaluation by the Secretary of whether and to what

extent, integrated resource planning is likely to result in -

\'\'(A) higher or lower electricity costs to an electric

utility\'s ultimate consumers or to classes or groups of such

consumers;

\'\'(B) enhanced or reduced reliability of electric service;

and

\'\'(C) increased or decreased dependence on particular energy

resources; and

\'\'(3) a survey of practices and policies under which electric

cooperatives prepare integrated resource plans, submit such plans

to the Rural Electrification Administration and the extent to

which such integrated resource planning is reflected in rates

charged to customers.

The report shall include an analysis prepared in conjunction with

the Federal Trade Commission, of the competitive impact of

implementation of energy conservation, energy efficiency, and other

demand side management programs by utilities on small businesses

engaged in the design, sale, supply, installation, or servicing of

similar energy conservation, energy efficiency, or other demand

side management measures and whether any unfair, deceptive, or

predatory acts exist, or are likely to exist, from implementation

of such programs.\'\'

(For provisions relating to further requirements as to subject

matter contained in report under section 111(e) of Pub. L. 102-486,

set out above, see section 115(e) of Pub. L. 102-486, set out as a

note under section 3203 of Title 15, Commerce and Trade.)

STUDY CONCERNING ELECTRIC RATES OF STATE UTILITY AGENCIES

Section 601 of Pub. L. 95-617 directed the Secretary to conduct a

study concerning the effects of provisions of Federal law on rates

established by State utility agencies and to submit a report to

Congress on the results of such study not later than 1 year after

Nov. 9, 1978.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 831m-1, 2622, 2624, 2625,

2626, 2627, 2641, 2643 of this title; title 42 sections 6349,

6807a, 7276b.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2622. Obligations to consider and determine

\(a\) Request for consideration and determination

Each State regulatory authority (with respect to each electric

utility for which it has ratemaking authority) and each

nonregulated electric utility may undertake the consideration and

make the determination referred to in section 2621 of this title

with respect to any standard established by section 2621(d) of this

title in any proceeding respecting the rates of the electric

utility. Any participant or intervenor (including an intervenor

referred to in section 2631 of this title) in such a proceeding may

request, and shall obtain, such consideration and determination in

such proceeding. In undertaking such consideration and making such

determination in any such proceeding with respect to the

application to any electric utility of any standard established by

section 2621(d) of this title, a State regulatory authority (with

respect to an electric utility for which it has ratemaking

authority) or nonregulated electric utility may take into account

in such proceeding -

\(1\) any appropriate prior determination with respect to such

standard -

\(A\) which is made in a proceeding which takes place after

November 9, 1978, or

\(B\) which was made before such date (or is made in a

proceeding pending on such date) and complies, as provided in

section 2634 of this title, with the requirements of this

chapter; and

\(2\) the evidence upon which such prior determination was based

(if such evidence is referenced in such proceeding).

\(b\) Time limitations

\(1\) Not later than 2 years after November 9, 1978 (or after

October 24, 1992, in the case of standards under paragraphs (7),

(8), and (9) of section 2621(d) of this title), each State

regulatory authority (with respect to each electric utility for

which it has ratemaking authority) and each nonregulated electric

utility shall commence the consideration referred to in section

2621 of this title, or set a hearing date for such consideration,

with respect to each standard established by section 2621(d) of

this title.

\(2\) Not later than three years after November 9, 1978 (or after

October 24, 1992, in the case of standards under paragraphs (7),

(8), and (9) of section 2621(d) of this title), each State

regulatory authority (with respect to each electric utility for

which it has ratemaking authority), and each nonregulated electric

utility, shall complete the consideration, and shall make the

determination, referred to in section 2621 of this title with

respect to each standard established by section 2621(d) of this

title.

\(c\) Failure to comply

Each State regulatory authority (with respect to each electric

utility for which it has ratemaking authority) and each

nonregulated electric utility shall undertake the consideration,

and make the determination, referred to in section 2621 of this

title with respect to each standard established by section 2621(d)

of this title in the first rate proceeding commenced after the date

three years after November 9, 1978, respecting the rates of such

utility if such State regulatory authority or nonregulated electric

utility has not, before such date, complied with subsection (b)(2)

of this section with respect to such standard.

SOURCE

(Pub. L. 95-617, title I, Sec. 112, Nov. 9, 1978, 92 Stat. 3122;

Pub. L. 102-486, title I, Sec. 111(c), Oct. 24, 1992, 106 Stat.

2795.)

CODIFICATION

\'\'October 24, 1992\'\', referred to in subsec. (b)(1), (2), was in

the original \'\'the enactment of the Comprehensive National Energy

Policy Act\'\', and was translated as meaning the enactment of the

Energy Policy Act of 1992, Pub. L. 102-486, to reflect the probable

intent of Congress. The Comprehensive National Energy Policy Act

was the original short title of H.R. 776, which was enacted into

law on Oct. 24, 1992, as Pub. L. 102-486.

AMENDMENTS

1992 - Subsec. (b)(1), (2). Pub. L. 102-486 inserted \'\'(or after

October 24, 1992, in the case of standards under paragraphs (7),

(8), and (9) of section 2621(d) of this title)\'\'.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2621 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2623. Adoption of certain standards

\(a\) Adoption of standards

Not later than two years after November 9, 1978, each State

regulatory authority (with respect to each electric utility for

which it has ratemaking authority), and each nonregulated electric

utility, shall provide public notice and conduct a hearing

respecting the standards established by subsection (b) of this

section and, on the basis of such hearing, shall -

\(1\) adopt the standards established by subsection (b) of this

section (other than paragraph (4) thereof) if, and to the extent,

such authority or nonregulated electric utility determines that

such adoption is appropriate to carry out the purposes of this

chapter, is otherwise appropriate, and is consistent with

otherwise applicable State law, and

\(2\) adopt the standard established by subsection (b)(4) of this

section if, and to the extent, such authority or nonregulated

electric utility determines that such adoption is appropriate and

consistent with otherwise applicable State law.

For purposes of any determination under paragraphs (1) or (2) and

any review of such determination in any court in accordance with

section 2633 of this title, the purposes of this chapter supplement

otherwise applicable State law. Nothing in this subsection

prohibits any State regulatory authority or nonregulated electric

utility from making any determination that it is not appropriate to

adopt any such standard, pursuant to its authority under otherwise

applicable State law.

\(b\) Establishment

The following Federal standards are hereby established:

\(1\) Master metering

To the extent determined appropriate under section 2625(d) of

this title, master metering of electric service in the case of

new buildings shall be prohibited or restricted to the extent

necessary to carry out the purposes of this chapter.

\(2\) Automatic adjustment clauses

No electric utility may increase any rate pursuant to an

automatic adjustment clause unless such clause meets the

requirements of section 2625(e) of this title.

\(3\) Information to consumers

Each electric utility shall transmit to each of its electric

consumers information regarding rate schedules in accordance with

the requirements of section 2625(f) of this title.

\(4\) Procedures for termination of electric service

No electric utility may terminate electric service to any

electric consumer except pursuant to procedures described in

section 2625(g) of this title.

\(5\) Advertising

No electric utility may recover from any person other than the

shareholders (or other owners) of such utility any direct or

indirect expenditure by such utility for promotional or political

advertising as defined in section 2625(h) of this title.

\(c\) Procedural requirements

Each State regulatory authority (with respect to each electric

utility for which it has ratemaking authority) and each

nonregulated electric utility, within the two-year period specified

in subsection (a) of this section, shall (1) adopt, pursuant to

subsection (a) of this section, each of the standards established

by subsection (b) of this section, or, (2) with respect to any such

standard which is not adopted, such authority or nonregulated

electric utility shall state in writing that it has determined not

to adopt such standard, together with the reasons for such

determination. Such statement of reasons shall be available to the

public.

SOURCE

(Pub. L. 95-617, title I, Sec. 113, Nov. 9, 1978, 92 Stat. 3123.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2625, 2626, 2627, 2641 of

this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2624. Lifeline rates

\(a\) Lower rates

No provision of this chapter prohibits a State regulatory

authority (with respect to an electric utility for which it has

ratemaking authority) or a nonregulated electric utility from

fixing, approving, or allowing to go into effect a rate for

essential needs (as defined by the State regulatory authority or by

the nonregulated electric utility, as the case may be) of

residential electric consumers which is lower than a rate under the

standard referred to in section 2621(d)(1) of this title.

\(b\) Determination

If any State regulated electric utility or nonregulated electric

utility does not have a lower rate as described in subsection (a)

of this section in effect two years after November 9, 1978, the

State regulatory authority having ratemaking authority with respect

to such State regulated electric utility or the nonregulated

electric utility, as the case may be, shall determine, after an

evidentiary hearing, whether such a rate should be implemented by

such utility.

\(c\) Prior proceedings

Section 2634 of this title shall not apply to the requirements of

this section.

SOURCE

(Pub. L. 95-617, title I, Sec. 114, Nov. 9, 1978, 92 Stat. 3124.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2625. Special rules for standards

\(a\) Cost of service

In undertaking the consideration and making the determination

under section 2621 of this title with respect to the standard

concerning cost of service established by section 2621(d)(1) of

this title, the costs of providing electric service to each class

of electric consumers shall, to the maximum extent practicable, be

determined on the basis of methods prescribed by the State

regulatory authority (in the case of a State regulated electric

utility) or by the electric utility (in the case of a nonregulated

electric utility). Such methods shall to the maximum extent

practicable -

\(1\) permit identification of differences in cost-incurrence,

for each such class of electric consumers, attributable to daily

and seasonal time of use of service and

\(2\) permit identification of differences in cost-incurrence

attributable to differences in customer demand, and energy

components of cost. In prescribing such methods, such State

regulatory authority or nonregulated electric utility shall take

into account the extent to which total costs to an electric

utility are likely to change if -

\(A\) additional capacity is added to meet peak demand relative

to base demand; and

\(B\) additional kilowatt-hours of electric energy are

delivered to electric consumers.

\(b\) Time-of-day rates

In undertaking the consideration and making the determination

required under section 2621 of this title with respect to the

standard for time-of-day rates established by section 2621(d)(3) of

this title, a time-of-day rate charged by an electric utility for

providing electric service to each class of electric consumers

shall be determined to be cost-effective with respect to each such

class if the long-run benefits of such rate to the electric utility

and its electric consumers in the class concerned are likely to

exceed the metering costs and other costs associated with the use

of such rates.

\(c\) Load management techniques

In undertaking the consideration and making the determination

required under section 2621 of this title with respect to the

standard for load management techniques established by section

2621(d)(6) of this title, a load management technique shall be

determined, by the State regulatory authority or nonregulated

electric utility, to be cost-effective if -

\(1\) such technique is likely to reduce maximum kilowatt demand

on the electric utility, and

\(2\) the long-run cost-savings to the utility of such reduction

are likely to exceed the long-run costs to the utility associated

with implementation of such technique.

\(d\) Master metering

Separate metering shall be determined appropriate for any new

building for purposes of section 2623(b)(1) of this title if -

\(1\) there is more than one unit in such building,

\(2\) the occupant of each such unit has control over a portion

of the electric energy used in such unit, and

\(3\) with respect to such portion of electric energy used in

such unit, the long-run benefits to the electric consumers in

such building exceed the costs of purchasing and installing

separate meters in such building.

\(e\) Automatic adjustment clauses

\(1\) An automatic adjustment clause of an electric utility meets

the requirements of this subsection if -

\(A\) such clause is determined, not less often than every four

years, by the State regulatory authority (with respect to an

electric utility for which it has ratemaking authority) or by the

electric utility (in the case of a nonregulated electric

utility), after an evidentiary hearing, to provide incentives for

efficient use of resources (including incentives for economical

purchase and use of fuel and electric energy) by such electric

utility, and

\(B\) such clause is reviewed not less often than every two

years, in the manner described in paragraph (2), by the State

regulatory authority having ratemaking authority with respect to

such utility (or by the electric utility in the case of a

nonregulated electric utility), to insure the maximum economies

in those operations and purchases which affect the rates to which

such clause applies.

\(2\) In making a review under subparagraph (B) of paragraph (1)

with respect to an electric utility, the reviewing authority shall

examine and, if appropriate, cause to be audited the practices of

such electric utility relating to costs subject to an automatic

adjustment clause, and shall require such reports as may be

necessary to carry out such review (including a disclosure of any

ownership or corporate relationship between such electric utility

and the seller to such utility of fuel, electric energy, or other

items).

\(3\) As used in this subsection and section 2623(b) of this title,

the term \'\'automatic adjustment clause\'\' means a provision of a

rate schedule which provides for increases or decreases (or both),

without prior hearing, in rates reflecting increases or decreases

(or both) in costs incurred by an electric utility. Such term does

not include an interim rate which takes effect subject to a later

determination of the appropriate amount of the rate.

\(f\) Information to consumers

\(1\) For purposes of the standard for information to consumers

established by section 2623(b)(3) of this title, each electric

utility shall transmit to each of its electric consumers a clear

and concise explanation of the existing rate schedule and any rate

schedule applied for (or proposed by a nonregulated electric

utility) applicable to such consumer. Such statement shall be

transmitted to each such consumer -

\(A\) not later than sixty days after the date of commencement of

service to such consumer or ninety days after the standard

established by section 2623(b)(3) of this title is adopted with

respect to such electric utility, whichever last occurs, and

\(B\) not later than thirty days (sixty days in the case of an

electric utility which uses a bimonthly billing system) after

such utility\'s application for any change in a rate schedule

applicable to such consumer (or proposal of such a change in the

case of a nonregulated utility).

\(2\) For purposes of the standard for information to consumers

established by section 2623(b)(3) of this title, each electric

utility shall transmit to each of its electric consumers not less

frequently than once each year -

\(A\) a clear and concise summary of the existing rate schedules

applicable to each of the major classes of its electric consumers

for which there is a separate rate, and

\(B\) an identification of any classes whose rates are not

summarized.

Such summary may be transmitted together with such consumer\'s

billing or in such other manner as the State regulatory authority

or nonregulated electric utility deems appropriate.

\(3\) For purposes of the standard for information to consumers

established by section 2623(b)(3) of this title, each electric

utility, on request of an electric consumer of such utility, shall

transmit to such consumer a clear and concise statement of the

actual consumption (or degree-day adjusted consumption) of electric

energy by such consumer for each billing period during the prior

year (unless such consumption data is not reasonably ascertainable

by the utility).

\(g\) Procedures for termination of electric service

The procedures for termination of service referred to in section

2623(b)(4) of this title are procedures prescribed by the State

regulatory authority (with respect to electric utilities for which

it has ratemaking authority) or by the nonregulated electric

utility which provide that -

\(1\) no electric service to an electric consumer may be

terminated unless reasonable prior notice (including notice of

rights and remedies) is given to such consumer and such consumer

has a reasonable opportunity to dispute the reasons for such

termination, and

\(2\) during any period when termination of service to an

electric consumer would be especially dangerous to health, as

determined by the State regulatory authority (with respect to an

electric utility for which it has ratemaking authority) or

nonregulated electric utility, and such consumer establishes that

\-

\(A\) he is unable to pay for such service in accordance with

the requirements of the utility\'s billing, or

\(B\) he is able to pay for such service but only in

installments,

such service may not be terminated.

Such procedures shall take into account the need to include

reasonable provisions for elderly and handicapped consumers.

\(h\) Advertising

\(1\) For purposes of this section and section 2623(b)(5) of this

title -

\(A\) The term \'\'advertising\'\' means the commercial use, by an

electric utility, of any media, including newspaper, printed

matter, radio, and television, in order to transmit a message to

a substantial number of members of the public or to such

utility\'s electric consumers.

\(B\) The term \'\'political advertising\'\' means any advertising

for the purpose of influencing public opinion with respect to

legislative, administrative, or electoral matters, or with

respect to any controversial issue of public importance.

\(C\) The term \'\'promotional advertising\'\' means any advertising

for the purpose of encouraging any person to select or use the

service or additional service of an electric utility or the

selection or installation of any appliance or equipment designed

to use such utility\'s service.

\(2\) For purposes of this subsection and section 2623(b)(5) of

this title, the terms \'\'political advertising\'\' and \'\'promotional

advertising\'\' do not include -

\(A\) advertising which informs electric consumers how they can

conserve energy or can reduce peak demand for electric energy,

\(B\) advertising required by law or regulation, including

advertising required under part 1 of title II of the National

Energy Conservation Policy Act (42 U.S.C. 8211 et seq.),

\(C\) advertising regarding service interruptions, safety

measures, or emergency conditions,

\(D\) advertising concerning employment opportunities with such

utility,

\(E\) advertising which promotes the use of energy efficient

appliances, equipment or services, or

\(F\) any explanation or justification of existing or proposed

rate schedules, or notifications of hearings thereon.

SOURCE

(Pub. L. 95-617, title I, Sec. 115, Nov. 9, 1978, 92 Stat. 3125.)

REFERENCES IN TEXT

The National Energy Conservation Policy Act, referred to in

subsec. (h)(2)(B), is Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3206,

as amended. Part 1 of title II of the National Energy Conservation

Policy Act was classified generally to part A (Sec. 8211 et seq.)

of subchapter II of chapter 91 of Title 42, The Public Health and

Welfare, and was omitted from the Code pursuant to section 8229 of

Title 42 which terminated authority under that part June 30, 1989.

For complete classification of this Act to the Code, see Short

Title note set out under section 8201 of Title 42 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2621, 2623 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2626. Reports respecting standards

\(a\) State authorities and nonregulated utilities

Not later than one year after November 9, 1978, and annually

thereafter for ten years, each State regulatory authority (with

respect to each State regulated electric utility for which it has

ratemaking authority), and each nonregulated electric utility,

shall report to the Secretary, in such manner as the Secretary

shall prescribe, respecting its consideration of the standards

established by sections 2621(d) and 2623(b) of this title. Such

report shall include a summary of the determinations made and

actions taken with respect to each such standard on a

utility-by-utility basis.

\(b\) Secretary

Not later than eighteen months after November 9, 1978, and

annually thereafter for ten years, the Secretary shall submit a

report to the President and the Congress containing -

\(1\) a summary of the reports submitted under subsection (a) of

this section,

\(2\) his analysis of such reports, and

\(3\) his actions under this chapter, and his recommendations for

such further Federal actions, including any legislation,

regarding retail electric utility rates (and other practices) as

may be necessary to carry out the purposes of this chapter.

SOURCE

(Pub. L. 95-617, title I, Sec. 116, Nov. 9, 1978, 92 Stat. 3128.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2627. Relationship to State law

\(a\) Revenue and rate of return

Nothing in this chapter shall authorize or require the recovery

by an electric utility of revenues, or of a rate of return, in

excess of, or less than, the amount of revenues or the rate of

return determined to be lawful under any other provision of law.

\(b\) State authority

Nothing in this chapter prohibits any State regulatory authority

or nonregulated electric utility from adopting, pursuant to State

law, any standard or rule affecting electric utilities which is

different from any standard established by this subchapter.

\(c\) Federal agencies

With respect to any electric utility which is a Federal agency,

and with respect to the Tennessee Valley Authority when it is

treated as a State regulatory authority as provided in section

2602(17) of this title, any reference in section 2621 or 2623 of

this title to State law shall be treated as a reference to Federal

law.

SOURCE

(Pub. L. 95-617, title I, Sec. 117, Nov. 9, 1978, 92 Stat. 3128.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2631. Intervention in proceedings

\(a\) Authority to intervene and participate

In order to initiate and participate in the consideration of one

or more of the standards established by subchapter II of this

chapter or other concepts which contribute to the achievement of

the purposes of this chapter, the Secretary, any affected electric

utility, or any electric consumer of an affected electric utility

may intervene and participate as a matter of right in any

ratemaking proceeding or other appropriate regulatory proceeding

relating to rates or rate design which is conducted by a State

regulatory authority (with respect to an electric utility for which

it has ratemaking authority) or by a nonregulated electric utility.

\(b\) Access to information

Any intervenor or participant in a proceeding described in

subsection (a) of this section shall have access to information

available to other parties to the proceeding if such information is

relevant to the issues to which his intervention or participation

in such proceeding relates. Such information may be obtained

through reasonable rules relating to discovery of information

prescribed by the State regulatory authority (in the case of

proceedings concerning electric utilities for which it has

ratemaking authority) or by the nonregulated electric utility (in

the case of a proceeding conducted by a nonregulated electric

utility).

\(c\) Effective date; procedures

Any intervention or participation under this section, in any

proceeding commenced before November 9, 1978, but not completed

before such date, shall be permitted under this section only to the

extent such intervention or participation is timely under otherwise

applicable law.

SOURCE

(Pub. L. 95-617, title I, Sec. 121, Nov. 9, 1978, 92 Stat. 3128.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

\'\'this title\'\', meaning title I (Sec. 101 et seq.) of Pub. L.

95-617, Nov. 9, 1978, 92 Stat. 3120, which enacted this chapter and

amended sections 6801 to 6808 of Title 42, The Public Health and

Welfare. For complete classification of title I to the Code, see

Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2621, 2622, 2633, 2634 of

this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2632. Consumer representation

\(a\) Compensation for costs of participation or intervention

\(1\) If no alternative means for assuring representation of

electric consumers is adopted in accordance with subsection (b) of

this section and if an electric consumer of an electric utility

substantially contributed to the approval, in whole or in part, of

a position advocated by such consumer in a proceeding concerning

such utility, and relating to any standard set forth in subchapter

II of this chapter, such utility shall be liable to compensate such

consumer (pursuant to paragraph (2)) for reasonable attorneys\'

fees, expert witness fees, and other reasonable costs incurred in

preparation and advocacy of such position in such proceeding

(including fees and costs of obtaining judicial review of any

determination made in such proceeding with respect to such

position).

\(2\) A consumer entitled to fees and costs under paragraph (1) may

collect such fees and costs from an electric utility by bringing a

civil action in any State court of competent jurisdiction, unless

the State regulatory authority (in the case of a proceeding

concerning a State regulated electric utility) or nonregulated

electric utility (in the case of a proceeding concerning such

nonregulated electric utility) has adopted a reasonable procedure

pursuant to which such authority or nonregulated electric utility -

\(A\) determines the amount of such fees and costs, and

\(B\) includes an award of such fees and costs in its order in

the proceeding.

\(3\) The procedure adopted by such State regulatory authority or

nonregulated utility under paragraph (2) may include a preliminary

proceeding to require that -

\(A\) as a condition of receiving compensation under such

procedure such consumer demonstrate that, but for the ability to

receive such award, participation or intervention in such

proceeding may be a significant financial hardship for such

consumer, and

\(B\) persons with the same or similar interests have a common

legal representative in the proceeding as a condition to

receiving compensation.

\(b\) Alternative means

Compensation shall not be required under subsection (a) of this

section if the State, the State regulatory authority (in the case

of a proceeding concerning a State regulated electric utility), or

the nonregulated electric utility (in the case of a proceeding

concerning such nonregulated electric utility) has provided an

alternative means for providing adequate compensation to persons -

\(1\) who have, or represent, an interest -

\(A\) which would not otherwise be adequately represented in

the proceeding, and

\(B\) representation of which is necessary for a fair

determination in the proceeding, and

\(2\) who are, or represent an interest which is, unable to

effectively participate or intervene in the proceeding because

such persons cannot afford to pay reasonable attorneys\' fees,

expert witness fees, and other reasonable costs of preparing for,

and participating or intervening in, such proceeding (including

fees and costs of obtaining judicial review of such proceeding).

\(c\) Transcripts

The State regulatory authority or nonregulated electric utility,

as the case may be, shall make transcripts of the proceeding

available, at cost of reproduction, to parties or intervenors in

any ratemaking proceeding, or other regulatory proceeding relating

to rates or rate design, before a State regulatory authority or

nonregulated electric utility.

\(d\) Federal agencies

Any claim under this section against any Federal agency shall be

subject to the availability of appropriated funds.

\(e\) Rights under other authority

Nothing in this section affects or restricts any rights of any

participant or intervenor in any proceeding under any other

applicable law or rule of law.

SOURCE

(Pub. L. 95-617, title I, Sec. 122, Nov. 9, 1978, 92 Stat. 3129.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2621 of this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2633. Judicial review and enforcement

\(a\) Limitation of Federal jurisdiction

Notwithstanding any other provision of law, no court of the

United States shall have jurisdiction over any action arising under

any provision of subchapter I or II of this chapter or of this

subchapter except for -

\(1\) an action over which a court of the United States has

jurisdiction under subsection (b) or (c)(2) of this section; and

\(2\) review of any action in the Supreme Court of the United

States in accordance with sections 1257 and 1258 of title 28.

\(b\) Enforcement of intervention right

\(1\) The Secretary may bring an action in any appropriate court of

the United States to enforce his right to intervene and participate

under section 2631(a) of this title, and such court shall have

jurisdiction to grant appropriate relief.

\(2\) If any electric utility or electric consumer having a right

to intervene under section 2631(a) of this title is denied such

right by any State court, such electric utility or electric

consumer may bring an action in the appropriate United States

district court to require the State regulatory authority or

nonregulated electric utility to permit such intervention and

participation, and such court shall have jurisdiction to grant

appropriate relief.

\(3\) Nothing in this subsection prohibits any person bringing any

action under this subsection in a court of the United States from

seeking review and enforcement at any time in any State court of

any rights he may have with respect to any motion to intervene or

participate in any proceeding.

\(c\) Review and enforcement

\(1\) Any person (including the Secretary) may obtain review of any

determination made under subchapter I or II of this chapter or

under this subchapter with respect to any electric utility (other

than a utility which is a Federal agency) in the appropriate State

court if such person (or the Secretary) intervened or otherwise

participated in the original proceeding or if State law otherwise

permits such review. Any person (including the Secretary) may

bring an action to enforce the requirements of this chapter in the

appropriate State court, except that no such action may be brought

in a State court with respect to a utility which is a Federal

agency. Such review or action in a State court shall be pursuant

to any applicable State procedures.

\(2\) Any person (including the Secretary) may obtain review in the

appropriate court of the United States of any determination made

under subchapter I or II of this chapter or this subchapter by a

Federal agency if such person (or the Secretary) intervened or

otherwise participated in the original proceeding or if otherwise

applicable law permits such review. Such court shall have

jurisdiction to grant appropriate relief. Any person (including

the Secretary) may bring an action to enforce the requirements of

subchapter I or II of this chapter or this subchapter with respect

to any Federal agency in the appropriate court of the United States

and such court shall have jurisdiction to grant appropriate relief.

\(3\) In addition to his authority to obtain review under paragraph

\(1\) or (2), the Secretary may also participate as an amicus curiae

in any review by any court of an action arising under the

provisions of subchapter I or II of this chapter or this

subchapter.

\(d\) Other authority of Secretary

Nothing in this section prohibits the Secretary from -

\(1\) intervening and participating in any proceeding, or

\(2\) intervening and participating in any review by any court of

any action

under section 6804 of title 42.

SOURCE

(Pub. L. 95-617, title I, Sec. 123, Nov. 9, 1978, 92 Stat. 3130.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 824a-3, 2621, 2623 of

this title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2634. Prior and pending proceedings

For purposes of subchapters I and II of this chapter, and this

subchapter, proceedings commenced by State regulatory authorities

(with respect to electric utilities for which it has ratemaking

authority) and nonregulated electric utilities before November 9,

1978, and actions taken before such date in such proceedings shall

be treated as complying with the requirements of subchapters I and

II of this chapter, and this subchapter if such proceedings and

actions substantially conform to such requirements. For purposes

of subchapters I and II of this chapter, and this subchapter, any

such proceeding or action commenced before November 9, 1978, but

not completed before such date, shall comply with the requirements

of subchapters I and II of this chapter, and this subchapter, to

the maximum extent practicable, with respect to so much of such

proceeding or action as takes place after such date, except as

otherwise provided in section 2631(c) of this title.

SOURCE

(Pub. L. 95-617, title I, Sec. 124, Nov. 9, 1978, 92 Stat. 3131.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2621, 2622, 2624 of this

title.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2641. Voluntary guidelines

The Secretary may prescribe voluntary guidelines respecting the

standards established by sections 2621(d) and 2623(b) of this

title. Such guidelines may not expand the scope or legal effect of

such standards or establish additional standards respecting

electric utility rates.

SOURCE

(Pub. L. 95-617, title I, Sec. 131, Nov. 9, 1978, 92 Stat. 3131.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2642. Responsibilities of Secretary

\(a\) Authority

The Secretary may periodically notify the State regulatory

authorities, and electric utilities identified pursuant to section

2612(c) of this title, of -

\(1\) load management techniques and the results of studies and

experiments concerning load management techniques;

\(2\) developments and innovations in electric utility ratemaking

throughout the United States, including the results of studies

and experiments in rate structure and rate reform;

\(3\) methods for determining cost of service; and

\(4\) any other data or information which the Secretary

determines would assist such authorities and utilities in

carrying out the provisions of this chapter.

\(b\) Technical assistance

The Secretary may provide such technical assistance as he

determines appropriate to assist the State regulatory authorities

in carrying out their responsibilities under subchapter II of this

chapter and as is requested by any State regulatory authority

relating to the standards established by subchapter II of this

chapter.

\(c\) Appropriations

There are authorized to be appropriated to carry out the purposes

of subsection (b) of this section not to exceed \$1,000,000 for each

of the fiscal years 1979 and 1980.

SOURCE

(Pub. L. 95-617, title I, Sec. 132, Nov. 9, 1978, 92 Stat. 3131.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(4), was in the original

\'\'this title\'\', meaning title I (Sec. 101 et seq.) of Pub. L.

95-617, Nov. 9, 1978, 92 Stat. 3120, which enacted this chapter and

amended sections 6801 to 6808 of Title 42, The Public Health and

Welfare. For complete classification of title I to the Code, see

Tables.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2643. Gathering information on costs of service

\(a\) Information required to be gathered

Each electric utility shall periodically gather information under

such rules (promulgated by the Commission) as the Commission

determines necessary to allow determination of the costs associated

with providing electric service. For purposes of this section, and

for purposes of any consideration and determination respecting the

standard established by section 2621(d)(2) of this title, such

costs shall be separated, to the maximum extent practicable, into

the following components: customer cost component, demand cost

component, and energy cost component. Rules under this subsection

shall include requirements for the gathering of the following

information with respect to each electric utility -

\(1\) the costs of serving each electric consumer class,

including costs of serving different consumption patterns within

such class, based on voltage level, time of use, and other

appropriate factors;

\(2\) daily kilowatt demand load curves for all electric consumer

classes combined representative of daily and seasonal differences

in demand, and daily kilowatt demand load curves for each

electric consumer class for which there is a separate rate,

representative of daily and seasonal differences in demand;

\(3\) annual capital, operating, and maintenance costs -

\(A\) for transmission and distribution services, and

\(B\) for each type of generating unit; and

\(4\) costs of purchased power, including representative daily

and seasonal differences in the amount of such costs.

Such rules shall provide that information required to be gathered

under this section shall be presented in such categories and such

detail as may be necessary to carry out the purposes of this

section.

\(b\) Commission rules

The Commission shall, within 180 days after November 9, 1978, by

rule, prescribe the methods, procedure, and format to be used by

electric utilities in gathering the information described in this

section. Such rules may provide for the exemption by the

Commission of an electric utility or class of electric utilities

from gathering all or part of such information, in cases where such

utility or utilities show and the Commission finds, after public

notice and opportunity for the presentation of written data, views,

and arguments, that gathering such information is not likely to

carry out the purposes of this section. The Commission shall

periodically review such findings and may revise such rules.

\(c\) Filing and publication

Not later than two years after November 9, 1978, and

periodically, but not less frequently than every two years

thereafter, each electric utility shall file with -

\(1\) the Commission, and

\(2\) any State regulatory authority which has ratemaking

authority for such utility,

the information gathered pursuant to this section and make such

information available to the public in such form and manner as the

Commission shall prescribe. In addition, at the time of

application for, or proposal of, any rate increase, each electric

utility shall make such information available to the public in such

form and manner as the Commission shall prescribe. The two-year

period after November 9, 1978, specified in this subsection may be

extended by the Commission for a reasonable additional period in

the case of any electric utility for good cause shown.

\(d\) Enforcement

For purposes of enforcement, any violation of a requirement of

this section shall be treated as a violation of a provision of the

Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C.

791 et seq.) enforceable under section 12 of such Act (15 U.S.C.

797\) (notwithstanding any expiration date in such Act) except that

in applying the provisions of such section 12 any reference to the

Federal Energy Administrator shall be treated as a reference to the

Commission.

SOURCE

(Pub. L. 95-617, title I, Sec. 133, Nov. 9, 1978, 92 Stat. 3132.)

REFERENCES IN TEXT

The Energy Supply and Environmental Coordination Act of 1974,

referred to in subsec. (d), is Pub. L. 93-319, June 22, 1974, 88

Stat. 246, as amended, which is classified principally to chapter

16C (Sec. 791 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 791 of Title 15 and Tables.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2644. Relationship to other authority

Nothing in this chapter shall be construed to limit or affect any

authority of the Secretary or the Commission under any other

provision of law.

SOURCE

(Pub. L. 95-617, title I, Sec. 134, Nov. 9, 1978, 92 Stat. 3133.)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Sec. 2645. Utility regulatory institute

\(a\) Matching grants

The Secretary may make grants under this section to an institute

established by the National Association of Regulatory Utility

Commissioners to enable such institute to -

\(1\) conduct research on electric and gas utility regulatory

policy issues,

\(2\) develop data processing and retrieval methods for electric

and gas utility ratemaking, and

\(3\) perform other functions directly related to assisting State

regulatory authorities in carrying out their functions under

State law and this Act.

\(b\) Federal share

Grants under this section shall not be used to provide more than

the following percentages of the cost to the institute of carrying

out the activities specified in subsection (a) of this section:

\(1\) 80 percent for the fiscal year 1979; and

\(2\) 60 percent for the fiscal year 1980.

The remaining amounts expended by the institute may not be provided

from Federal sources.

\(c\) Restrictions

Grants under this section may not be made subject to terms and

conditions other than those the Secretary deems necessary for

purposes of administering this section and for purposes of assuring

that -

\(1\) all information gathered by the institute is available to

the Secretary, the Commission, and the public, and

\(2\) no portion of any such grant is used to support or oppose

any legislative proposal except by means of testimony by

representatives of the institute provided by invitation to a

committee of Congress or of a State legislature.

\(d\) Authorization of appropriations

There is authorized to be appropriated not more than \$2,000,000

for each of the fiscal years 1979 and 1980 for purposes of making

grants under this section. No amounts may be appropriated for any

fiscal year after the fiscal year 1980 to carry out the purposes of

this section without a specific authorization of Congress.

SOURCE

(Pub. L. 95-617, title VI, Sec. 603, Nov. 9, 1978, 92 Stat. 3165.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(3), is Pub. L. 95-617, Nov.

9, 1978, 92 Stat. 3117, as amended, 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.

CODIFICATION

This section was not enacted as part of title I of Pub. L. 95-617

which comprises this chapter.