572 
HR 6 PCS 
(with respect to each electric utility for which it has rate-
making authority), and each nonregulated electric utility, 
shall complete the consideration, and shall make the deter-
mination, referred to in section 111 with respect to each 
standard established by paragraphs (11) through (13) of 
section 111(d).’’. 
(2) FAILURE TO COMPLY.—Section 112(c) of 
the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2622(c)) is amended by adding at the 
end the following: 
‘‘In the case of each standard established by paragraphs 
(11) through (13) of section 111(d), the reference con-
tained in this subsection to the date of enactment of this 
Act shall be deemed to be a reference to the date of enact-
ment of such paragraphs (11) through (13).’’. 
(3) PRIOR STATE ACTIONS.— 
(A) IN
GENERAL.—Section 112 of the 
Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2622) is amended by adding at the 
end the following: 
‘‘(d) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) of this section shall not apply to the standards estab-
lished by paragraphs (11) through (13) of section 111(d) 
in the case of any electric utility in a State if, before the 
enactment of this subsection—
573 
HR 6 PCS 
‘‘(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 stand-
ard) for such utility; or 
‘‘(3) the State legislature has voted on the im-
plementation of such standard (or a comparable 
standard) for such utility.’’. 
(B) CROSS REFERENCE.—Section 124 of 
such Act (16 U.S.C. 2634) is amended by add-
ing the following at the end thereof: ‘‘In the 
case of each standard established by paragraphs 
(11) through (13) of section 111(d), the ref-
erence contained in this subsection to the date 
of enactment of this Act shall be deemed to be 
a reference to the date of enactment of such 
paragraphs (11) through (13).’’. 
SEC. 1252. SMART METERING. 
(a) IN GENERAL.—Section 111(d) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
is amended by adding at the end the following: 
‘‘(14) TIME-BASED
METERING
AND
COMMU-
NICATIONS.—
574 
HR 6 PCS 
‘‘(A) Not later than 18 months after the 
date of enactment of this paragraph, each elec-
tric utility shall offer each of its customer class-
es, and provide individual customers upon cus-
tomer 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 gen-
erating and purchasing electricity at the whole-
sale 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 sched-
ules that may be offered under the schedule re-
ferred to in subparagraph (A) include, among 
others— 
‘‘(i) time-of-use pricing whereby elec-
tricity prices are set for a specific time pe-
riod on an advance or forward basis, typi-
cally not changing more often than twice a 
year, based on the utility’s cost of gener-
ating and/or purchasing such electricity at 
the wholesale level for the benefit of the 
consumer. Prices paid for energy consumed