-CITE-
    16 USC CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES      01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES

-HEAD-
              CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES          

-MISC1-
    Sec.                                                     
    2601.       Findings.                                             
    2602.       Definitions.                                          
    2603.       Relationship to antitrust laws.                       

     SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES 
    2611.       Purposes.                                             
    2612.       Coverage.                                             
    2613.       Federal contracts.                                    

             SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES         
    2621.       Consideration and determination respecting certain
                 ratemaking standards.                                
    2622.       Obligations to consider and determine.                
    2623.       Adoption of certain standards.                        
    2624.       Lifeline rates.                                       
    2625.       Special rules for standards.                          
    2626.       Reports respecting standards.                         
    2627.       Relationship to State law.                            

             SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW         
    2631.       Intervention in proceedings.                          
    2632.       Consumer representation.                              
    2633.       Judicial review and enforcement.                      
    2634.       Prior and pending proceedings.                        

                 SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS             
    2641.       Voluntary guidelines.                                 
    2642.       Responsibilities of Secretary.                        
    2643.       Gathering information on costs of service.            
    2644.       Relationship to other authority.                      
    2645.       Utility regulatory institute.                         

-End-



-CITE-
    16 USC Sec. 2601                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES

-HEAD-
    Sec. 2601. Findings

-STATUTE-
      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.)

-REFTEXT-
                            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, section 918c of Title 7,
    Agriculture, 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.

-COD-
                               CODIFICATION                           
      This section was not enacted as part of title I of Pub. L. 95-617
    which comprises this chapter.


-MISC1-
                                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, section 918c of Title 7,
    Agriculture, 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'."

-End-



-CITE-
    16 USC Sec. 2602                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES

-HEAD-
    Sec. 2602. Definitions

-STATUTE-
      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.)

-REFTEXT-
                            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, 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 and also as the Robinson-Patman Price
    Discrimination 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.

-COD-
                               CODIFICATION                           
      This section was not enacted as part of title I of Pub. L. 95-617
    which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1992 - Pars. (19) to (21). Pub. L. 102-486 added pars. (19) to
    (21).

-End-



-CITE-
    16 USC Sec. 2603                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES

-HEAD-
    Sec. 2603. Relationship to antitrust laws

-STATUTE-
      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.)

-REFTEXT-
                            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.

-COD-
                               CODIFICATION                           
      This section was not enacted as part of title I of Pub. L. 95-617
    which comprises this chapter.

-End-


-CITE-
    16 USC SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR
           ELECTRIC UTILITIES                              01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

-HEAD-
     SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES 

-End-



-CITE-
    16 USC Sec. 2611                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2611. Purposes

-STATUTE-
      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.)

-REFTEXT-
                            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.

-End-



-CITE-
    16 USC Sec. 2612                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2612. Coverage

-STATUTE-
    (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.)

-End-



-CITE-
    16 USC Sec. 2613                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2613. Federal contracts

-STATUTE-
      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.)

-End-


-CITE-
    16 USC SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES     01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
             SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES         

-End-



-CITE-
    16 USC Sec. 2621                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2621. Consideration and determination respecting certain
      ratemaking standards

-STATUTE-
    (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 (!1) 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.
      (11) Net metering
        Each electric utility shall make available upon request net
      metering service to any electric consumer that the electric
      utility serves. For purposes of this paragraph, the term "net
      metering service" means service to an electric consumer under
      which electric energy generated by that electric consumer from an
      eligible on-site generating facility and delivered to the local
      distribution facilities may be used to offset electric energy
      provided by the electric utility to the electric consumer during
      the applicable billing period.
      (12) Fuel sources
        Each electric utility shall develop a plan to minimize
      dependence on 1 fuel source and to ensure that the electric
      energy it sells to consumers is generated using a diverse range
      of fuels and technologies, including renewable technologies.
      (13) Fossil fuel generation efficiency
        Each electric utility shall develop and implement a 10-year
      plan to increase the efficiency of its fossil fuel generation.
      (14) Time-based metering and communications
        (A) Not later than 18 months after August 8, 2005, each
      electric utility shall offer each of its customer classes, and
      provide individual customers upon customer request, a time-based
      rate schedule under which the rate charged by the electric
      utility varies during different time periods and reflects the
      variance, if any, in the utility's costs of generating and
      purchasing electricity at the wholesale level. The time-based
      rate schedule shall enable the electric consumer to manage energy
      use and cost through advanced metering and communications
      technology.
        (B) The types of time-based rate schedules that may be offered
      under the schedule referred to in subparagraph (A) include, among
      others - 
          (i) time-of-use pricing whereby electricity prices are set
        for a specific time period on an advance or forward basis,
        typically not changing more often than twice a year, based on
        the utility's cost of generating and/or purchasing such
        electricity at the wholesale level for the benefit of the
        consumer. Prices paid for energy consumed during these periods
        shall be pre-established and known to consumers in advance of
        such consumption, allowing them to vary their demand and usage
        in response to such prices and manage their energy costs by
        shifting usage to a lower cost period or reducing their
        consumption overall;
          (ii) critical peak pricing whereby time-of-use prices are in
        effect except for certain peak days, when prices may reflect
        the costs of generating and/or purchasing electricity at the
        wholesale level and when consumers may receive additional
        discounts for reducing peak period energy consumption;
          (iii) real-time pricing whereby electricity prices are set
        for a specific time period on an advanced or forward basis,
        reflecting the utility's cost of generating and/or purchasing
        electricity at the wholesale level, and may change as often as
        hourly; and
          (iv) credits for consumers with large loads who enter into
        pre-established peak load reduction agreements that reduce a
        utility's planned capacity obligations.

        (C) Each electric utility subject to subparagraph (A) shall
      provide each customer requesting a time-based rate with a time-
      based meter capable of enabling the utility and customer to
      offer and receive such rate, respectively.
        (D) For purposes of implementing this paragraph, any reference
      contained in this section to November 9, 1978, shall be deemed to
      be a reference to August 8, 2005.
        (E) In a State that permits third-party marketers to sell
      electric energy to retail electric consumers, such consumers
      shall be entitled to receive the same time-based metering and
      communications device and service as a retail electric consumer
      of the electric utility.
        (F) Notwithstanding subsections (b) and (c) of section 2622 of
      this title, each State regulatory authority shall, not later than
      18 months after August 8, 2005, conduct an investigation in
      accordance with section 2625(i) of this title and issue a
      decision whether it is appropriate to implement the standards set
      out in subparagraphs (A) and (C).
      (15) Interconnection
        Each electric utility shall make available, upon request,
      interconnection service to any electric consumer that the
      electric utility serves. For purposes of this paragraph, the term
      "interconnection service" means service to an electric consumer
      under which an on-site generating facility on the consumer's
      premises shall be connected to the local distribution facilities.
      Interconnection services shall be offered based upon the
      standards developed by the Institute of Electrical and
      Electronics Engineers: IEEE Standard 1547 for Interconnecting
      Distributed Resources with Electric Power Systems, as they may be
      amended from time to time. In addition, agreements and procedures
      shall be established whereby the services are offered shall
      promote current best practices of interconnection for distributed
      generation, including but not limited to practices stipulated in
      model codes adopted by associations of state regulatory agencies.
      All such agreements and procedures shall be just and reasonable,
      and not unduly discriminatory or preferential.

-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; Pub. L. 109-58, title XII,
    Secs. 1251(a), 1252(a), 1254(a), Aug. 8, 2005, 119 Stat. 962, 963,
    970.)

-REFTEXT-
                            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.
      Section 79z-5a of title 15, referred to in subsec.
    (d)(10)(A)(ii), was repealed by Pub. L. 109-58, title XII, Sec.
    1263, Aug. 8, 2005, 119 Stat. 974.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (d)(11) to (13). Pub. L. 109-58, Sec. 1251(a),
    added pars. (11) to (13).
      Subsec. (d)(14). Pub. L. 109-58, Sec. 1252(a), added par. (14).
      Subsec. (d)(15). Pub. L. 109-58, Sec. 1254(a), added par. (15).
      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 796 of this
    title.

      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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 2622                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2622. Obligations to consider and determine

-STATUTE-
    (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.
      (3)(A) Not later than 2 years after August 8, 2005, 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 paragraphs (11)
    through (13) of section 2621(d) of this title.
      (B) Not later than 3 years after August 8, 2005, 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 paragraphs (11) through
    (13) of section 2621(d) of this title.
      (4)(A) Not later than 1 year after August 8, 2005, 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 the standard established by paragraph (14) of
    section 2621(d) of this title.
      (B) Not later than 2 years after August 8, 2005, 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 the standard established by paragraph (14) of section
    2621(d) of this title.
      (5)(A) Not later than 1 year after August 8, 2005, each State
    regulatory authority (with respect to each electric utility for
    which it has ratemaking authority) and each nonregulated utility
    shall commence the consideration referred to in section 2621 of
    this title, or set a hearing date for consideration, with respect
    to the standard established by paragraph (15) of section 2621(d) of
    this title.
      (B) Not later than two years after August 8, 2005, 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 paragraph (15) of 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. In the case of each
    standard established by paragraphs (11) through (13) of section
    2621(d) of this title, the reference contained in this subsection
    to November 9, 1978, shall be deemed to be a reference to August 8,
    2005. In the case of the standard established by paragraph (14) of
    section 2621(d) of this title, the reference contained in this
    subsection to November 9, 1978, shall be deemed to be a reference
    to August 8, 2005. In the case of the standard established by
    paragraph (15),(!1) the reference contained in this subsection to
    November 9, 1978, shall be deemed to be a reference to August 8,
    2005.

    (d) Prior State actions relating to standard under section
      2621(d)(11) to (13)
      Subsections (b) and (c) of this section shall not apply to the
    standards established by paragraphs (11) through (13) of section
    2621(d) of this title in the case of any electric utility in a
    State if, before August 8, 2005 - 
        (1) the State has implemented for such utility the standard
      concerned (or a comparable standard);
        (2) the State regulatory authority for such State or relevant
      nonregulated electric utility has conducted a proceeding to
      consider implementation of the standard concerned (or a
      comparable standard) for such utility; or
        (3) the State legislature has voted on the implementation of
      such standard (or a comparable standard) for such utility.
    (e) Prior State actions relating to standard under section
      2621(d)(14)
      Subsections (b) and (c) of this section shall not apply to the
    standard established by paragraph (14) of section 2621(d) of this
    title in the case of any electric utility in a State if, before
    August 8, 2005 - 
        (1) the State has implemented for such utility the standard
      concerned (or a comparable standard);
        (2) the State regulatory authority for such State or relevant
      nonregulated electric utility has conducted a proceeding to
      consider implementation of the standard concerned (or a
      comparable standard) for such utility within the previous 3
      years; or
        (3) the State legislature has voted on the implementation of
      such standard (or a comparable standard) for such utility within
      the previous 3 years.
    (f) Prior State actions relating to standard under section
      2621(d)(15)
      Subsections (b) and (c) of this section shall not apply to the
    standard established by paragraph (15) of section 2621(d) of this
    title in the case of any electric utility in a State if, before
    August 8, 2005 - 
        (1) the State has implemented for such utility the standard
      concerned (or a comparable standard);
        (2) the State regulatory authority for such State or relevant
      nonregulated electric utility has conducted a proceeding to
      consider implementation of the standard concerned (or a
      comparable standard) for such utility; or
        (3) the State legislature has voted on the implementation of
      such standard (or a comparable standard) for such utility.

-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; Pub. L. 109-58, title XII, Secs. 1251(b)(1)-(3)(A), 1252(g)-
    (i)(1), 1254(b)(1)-(3)(A), Aug. 8, 2005, 119 Stat. 963, 966, 967,
    971.)

-COD-
                               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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(3). Pub. L. 109-58, Sec. 1251(b)(1), added
    par. (3).
      Subsec. (b)(4). Pub. L. 109-58, Sec. 1252(g), added par. (4).
      Subsec. (b)(5). Pub. L. 109-58, Sec. 1254(b)(1), added par. (5).
      Subsec. (c). Pub. L. 109-58, Sec. 1254(b)(2), which directed
    amendment of subsec. (d) by inserting at end "In the case of the
    standard established by paragraph (15), the reference contained in
    this subsection to November 9, 1978, shall be deemed to be a
    reference to August 8, 2005.", was executed by making the insertion
    in subsec. (c) at end to reflect the probable intent of Congress.
      Pub. L. 109-58, Sec. 1252(h), inserted at end "In the case of the
    standard established by paragraph (14) of section 2621(d) of this
    title, the reference contained in this subsection to November 9,
    1978, shall be deemed to be a reference to August 8, 2005."
      Pub. L. 109-58, Sec. 1251(b)(2), inserted at end "In the case of
    each standard established by paragraphs (11) through (13) of
    section 2621(d) of this title, the reference contained in this
    subsection to November 9, 1978, shall be deemed to be a reference
    to August 8, 2005."
      Subsec. (d). Pub. L. 109-58, Sec. 1251(b)(3)(A), added subsec.
    (d).
      Subsec. (e). Pub. L. 109-58, Sec. 1252(i)(1), added subsec. (e).
      Subsec. (f). Pub. L. 109-58, Sec. 1254(b)(3)(A), added subsec.
    (f).
      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)".

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph (15) of section
         2621(d) of this title,".


-End-



-CITE-
    16 USC Sec. 2623                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2623. Adoption of certain standards

-STATUTE-
    (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.)

-End-



-CITE-
    16 USC Sec. 2624                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2624. Lifeline rates

-STATUTE-
    (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.)

-End-



-CITE-
    16 USC Sec. 2625                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2625. Special rules for standards

-STATUTE-
    (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 and the standard for time-based metering and
    communications established by section 2621(d)(14) 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 and communications 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.
    (i) Time-based metering and communications
      In making a determination with respect to the standard
    established by section 2621(d)(14) of this title, the investigation
    requirement of section 2621(d)(14)(F) of this title shall be as
    follows: Each State regulatory authority shall conduct an
    investigation and issue a decision whether or not it is appropriate
    for electric utilities to provide and install time-based meters and
    communications devices for each of their customers which enable
    such customers to participate in time-based pricing rate schedules
    and other demand response programs.

-SOURCE-
    (Pub. L. 95-617, title I, Sec. 115, Nov. 9, 1978, 92 Stat. 3125;
    Pub. L. 109-58, title XII, Sec. 1252(b), Aug. 8, 2005, 119 Stat.
    965.)

-REFTEXT-
                            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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-58, Sec. 1252(b)(1), (2),
    inserted "and the standard for time-based metering and
    communications established by section 2621(d)(14) of this title"
    after "section 2621(d)(3) of this title" and substituted "metering
    and communications costs" for "metering costs".
      Subsec. (i). Pub. L. 109-58, Sec. 1252(b)(3), added subsec. (i).

-End-



-CITE-
    16 USC Sec. 2626                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2626. Reports respecting standards

-STATUTE-
    (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.)

-End-



-CITE-
    16 USC Sec. 2627                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES

-HEAD-
    Sec. 2627. Relationship to State law

-STATUTE-
    (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.)

-End-


-CITE-
    16 USC SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW    01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW

-HEAD-
             SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW         

-End-



-CITE-
    16 USC Sec. 2631                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW

-HEAD-
    Sec. 2631. Intervention in proceedings

-STATUTE-
    (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.)

-REFTEXT-
                            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.

-End-



-CITE-
    16 USC Sec. 2632                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW

-HEAD-
    Sec. 2632. Consumer representation

-STATUTE-
    (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.)

-End-



-CITE-
    16 USC Sec. 2633                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW

-HEAD-
    Sec. 2633. Judicial review and enforcement

-STATUTE-
    (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.)

-End-



-CITE-
    16 USC Sec. 2634                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW

-HEAD-
    Sec. 2634. Prior and pending proceedings

-STATUTE-
      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. In the case of
    each standard established by paragraphs (11) through (13) of
    section 2621(d) of this title, the reference contained in this
    subsection (!1) to November 9, 1978, shall be deemed to be a
    reference to August 8, 2005. In the case of the standard
    established by paragraph (14) of section 2621(d) of this title, the
    reference contained in this subsection (!1) to November 9, 1978,
    shall be deemed to be a reference to August 8, 2005. In the case of
    each standard established by paragraph (15) of section 2621(d) of
    this title, the reference contained in this subsection (!1) to
    November 9, 1978, shall be deemed to be a reference to August 8,
    2005.


-SOURCE-
    (Pub. L. 95-617, title I, Sec. 124, Nov. 9, 1978, 92 Stat. 3131;
    Pub. L. 109-58, title XII, Secs. 1251(b)(3)(B), 1252(i)(2),
    1254(b)(3)(B), Aug. 8, 2005, 119 Stat. 963, 967, 971.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 1254(b)(3)(B), inserted at end "In
    the case of each standard established by paragraph (15) of section
    2621(d) of this title, the reference contained in this subsection
    to November 9, 1978, shall be deemed to be a reference to August 8,
    2005."
      Pub. L. 109-58, Sec. 1252(i)(2), inserted at end "In the case of
    the standard established by paragraph (14) of section 2621(d) of
    this title, the reference contained in this subsection to November
    9, 1978, shall be deemed to be a reference to August 8, 2005."
      Pub. L. 109-58, Sec. 1251(b)(3)(B), inserted at end "In the case
    of each standard established by paragraphs (11) through (13) of
    section 2621(d) of this title, the reference contained in this
    subsection to November 9, 1978, shall be deemed to be a reference
    to August 8, 2005."

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-


-CITE-
    16 USC SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-
                 SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS             

-End-



-CITE-
    16 USC Sec. 2641                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 2641. Voluntary guidelines

-STATUTE-
      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.)

-End-



-CITE-
    16 USC Sec. 2642                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 2642. Responsibilities of Secretary

-STATUTE-
    (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;
        (4) any other data or information which the Secretary
      determines would assist such authorities and utilities in
      carrying out the provisions of this chapter; and
        (5) technologies, techniques, and rate-making methods related
      to advanced metering and communications and the use of these
      technologies, techniques and methods in demand response programs.
    (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.
    (d) Demand response
      The Secretary shall be responsible for - 
        (1) educating consumers on the availability, advantages, and
      benefits of advanced metering and communications technologies,
      including the funding of demonstration or pilot projects;
        (2) working with States, utilities, other energy providers and
      advanced metering and communications experts to identify and
      address barriers to the adoption of demand response programs; and
        (3) not later than 180 days after August 8, 2005, providing
      Congress with a report that identifies and quantifies the
      national benefits of demand response and makes a recommendation
      on achieving specific levels of such benefits by January 1, 2007.

-SOURCE-
    (Pub. L. 95-617, title I, Sec. 132, Nov. 9, 1978, 92 Stat. 3131;
    Pub. L. 109-58, title XII, Sec. 1252(c), (d), Aug. 8, 2005, 119
    Stat. 965.)

-REFTEXT-
                            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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(5). Pub. L. 109-58, Sec. 1252(c), added par.
    (5).
      Subsec. (d). Pub. L. 109-58, Sec. 1252(d), added subsec. (d).

                        DEMAND RESPONSE ASSISTANCE                    
      Pub. L. 109-58, title XII, Sec. 1252(e), (f), Aug. 8, 2005, 119
    Stat. 965, 966, provided that:
      "(e) Demand Response and Regional Coordination. - 
        "(1) In general. - It is the policy of the United States to
      encourage States to coordinate, on a regional basis, State energy
      policies to provide reliable and affordable demand response
      services to the public.
        "(2) Technical assistance. - The Secretary [of Energy] shall
      provide technical assistance to States and regional organizations
      formed by two or more States to assist them in - 
          "(A) identifying the areas with the greatest demand response
        potential;
          "(B) identifying and resolving problems in transmission and
        distribution networks, including through the use of demand
        response;
          "(C) developing plans and programs to use demand response to
        respond to peak demand or emergency needs; and
          "(D) identifying specific measures consumers can take to
        participate in these demand response programs.
        "(3) Report. - Not later than 1 year after the date of
      enactment of the Energy Policy Act of 2005 [Aug. 8, 2005], the
      [Federal Energy Regulatory] Commission shall prepare and publish
      an annual report, by appropriate region, that assesses demand
      response resources, including those available from all consumer
      classes, and which identifies and reviews - 
          "(A) saturation and penetration rate of advanced meters and
        communications technologies, devices and systems;
          "(B) existing demand response programs and time-based rate
        programs;
          "(C) the annual resource contribution of demand resources;
          "(D) the potential for demand response as a quantifiable,
        reliable resource for regional planning purposes;
          "(E) steps taken to ensure that, in regional transmission
        planning and operations, demand resources are provided
        equitable treatment as a quantifiable, reliable resource
        relative to the resource obligations of any load-serving
        entity, transmission provider, or transmitting party; and
          "(F) regulatory barriers to improve customer participation in
        demand response, peak reduction and critical period pricing
        programs.
      "(f) Federal Encouragement of Demand Response Devices. - It is
    the policy of the United States that time-based pricing and other
    forms of demand response, whereby electricity customers are
    provided with electricity price signals and the ability to benefit
    by responding to them, shall be encouraged, the deployment of such
    technology and devices that enable electricity customers to
    participate in such pricing and demand response systems shall be
    facilitated, and unnecessary barriers to demand response
    participation in energy, capacity and ancillary service markets
    shall be eliminated. It is further the policy of the United States
    that the benefits of such demand response that accrue to those not
    deploying such technology and devices, but who are part of the same
    regional electricity entity, shall be recognized."

-End-



-CITE-
    16 USC Sec. 2643                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 2643. Gathering information on costs of service

-STATUTE-
    (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.)

-REFTEXT-
                            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.

-End-



-CITE-
    16 USC Sec. 2644                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 2644. Relationship to other authority

-STATUTE-
      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.)

-End-



-CITE-
    16 USC Sec. 2645                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES
    SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 2645. Utility regulatory institute

-STATUTE-
    (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.)

-REFTEXT-
                            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.

-COD-
                               CODIFICATION                           
      This section was not enacted as part of title I of Pub. L. 95-617
    which comprises this chapter.

-End-