dreamproit/uscode huggingface dataset:
16 U.S.C. § 2611 (CONSERVATION)
§ 2611. Purposes
The purposes of this chapter are to encourage—
(1) conservation of energy supplied by electric utilities;
(2) the optimization of the efficiency of use of facilities and resources by electric utilities; and
(3) equitable rates to electric consumers.
(Pub. L. 95–617, title I, § 101, Nov. 9, 1978, 92 Stat. 3120.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2612 (CONSERVATION)
§ 2612. Coverage
(a) Volume of total retail sales
This chapter applies to each electric utility in any calendar year, and to each proceeding relating to each electric utility in such year, if the total sales of electric energy by such utility for purposes other than resale exceeded 500 million kilowatt-hours during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year.
(b) Exclusion of wholesale sales
The requirements of this chapter do not apply to the operations of an electric utility, or to proceedings respecting such operations, to the extent that such operations or proceedings relate to sales of electric energy for purposes of resale.
(c) List of covered utilities
Before the beginning of each calendar year, the Secretary shall publish a list identifying each electric utility to which this chapter applies during such calendar year. Promptly after publication of such list each State regulatory authority shall notify the Secretary of each electric utility on the list for which such State regulatory authority has ratemaking authority.
(Pub. L. 95–617, title I, § 102, Nov. 9, 1978, 92 Stat. 3121.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2624 (CONSERVATION)
§ 2624. Lifeline rates
(a) Lower rates
No provision of this chapter prohibits a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or a nonregulated electric utility from fixing, approving, or allowing to go into effect a rate for essential needs (as defined by the State regulatory authority or by the nonregulated electric utility, as the case may be) of residential electric consumers which is lower than a rate under the standard referred to in section 2621(d)(1) of this title.
(b) Determination
If any State regulated electric utility or nonregulated electric utility does not have a lower rate as described in subsection (a) of this section in effect two years after November 9, 1978, the State regulatory authority having ratemaking authority with respect to such State regulated electric utility or the nonregulated electric utility, as the case may be, shall determine, after an evidentiary hearing, whether such a rate should be implemented by such utility.
(c) Prior proceedings
Section 2634 of this title shall not apply to the requirements of this section.
(Pub. L. 95–617, title I, § 114, Nov. 9, 1978, 92 Stat. 3124.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2626 (CONSERVATION)
§ 2626. Reports respecting standards
(a) State authorities and nonregulated utilities
Not later than one year after November 9, 1978, and annually thereafter for ten years, each State regulatory authority (with respect to each State regulated electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards established by sections 2621(d) and 2623(b) of this title. Such report shall include a summary of the determinations made and actions taken with respect to each such standard on a utility-by-utility basis.
(b) Secretary
Not later than eighteen months after November 9, 1978, and annually thereafter for ten years, the Secretary shall submit a report to the President and the Congress containing—
(1) a summary of the reports submitted under subsection (a) of this section,
(2) his analysis of such reports, and
(3) his actions under this chapter, and his recommendations for such further Federal actions, including any legislation, regarding retail electric utility rates (and other practices) as may be necessary to carry out the purposes of this chapter.
(Pub. L. 95–617, title I, § 116, Nov. 9, 1978, 92 Stat. 3128.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(3), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2627 (CONSERVATION)
§ 2627. Relationship to State law
(a) Revenue and rate of return
Nothing in this chapter shall authorize or require the recovery by an electric utility of revenues, or of a rate of return, in excess of, or less than, the amount of revenues or the rate of return determined to be lawful under any other provision of law.
(b) State authority
Nothing in this chapter prohibits any State regulatory authority or nonregulated electric utility from adopting, pursuant to State law, any standard or rule affecting electric utilities which is different from any standard established by this subchapter.
(c) Federal agencies
With respect to any electric utility which is a Federal agency, and with respect to the Tennessee Valley Authority when it is treated as a State regulatory authority as provided in section 2602(17) of this title, any reference in section 2621 or 2623 of this title to State law shall be treated as a reference to Federal law.
(Pub. L. 95–617, title I, § 117, Nov. 9, 1978, 92 Stat. 3128.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2631 (CONSERVATION)
§ 2631. Intervention in proceedings
(a) Authority to intervene and participate
In order to initiate and participate in the consideration of one or more of the standards established by subchapter II 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.
(Pub. L. 95–617, title I, § 121, Nov. 9, 1978, 92 Stat. 3128.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2634 (CONSERVATION)
§ 2634. Prior and pending proceedings
For purposes of subchapters I and II, 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, and this subchapter if such proceedings and actions substantially conform to such requirements. For purposes of subchapters I and II, 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, 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.
(Pub. L. 95–617, title I, § 124, Nov. 9, 1978, 92 Stat. 3131; Pub. L. 109–58, title XII, §§ 1251(b)(3)(B), 1252(i)(2), 1254(b)(3)(B), Aug. 8, 2005, 119 Stat. 963, 967, 971.)
heading: Amendments
text: 2005—Pub. L. 109–58, § 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, § 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, § 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.”
16 U.S.C. § 2644 (CONSERVATION)
§ 2644. Relationship to other authority
Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law.
(Pub. L. 95–617, title I, § 134, Nov. 9, 1978, 92 Stat. 3133.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2645 (CONSERVATION)
§ 2645. Utility regulatory institute
(a) Matching grants
The Secretary may make grants under this section to an institute established by the National Association of Regulatory Utility Commissioners to enable such institute to—
(1) conduct research on electric and gas utility regulatory policy issues,
(2) develop data processing and retrieval methods for electric and gas utility ratemaking, and
(3) perform other functions directly related to assisting State regulatory authorities in carrying out their functions under State law and this Act.
(b) Federal share
Grants under this section shall not be used to provide more than the following percentages of the cost to the institute of carrying out the activities specified in subsection (a) of this section:
(1) 80 percent for the fiscal year 1979; and
(2) 60 percent for the fiscal year 1980.
The remaining amounts expended by the institute may not be provided from Federal sources.
(c) Restrictions
Grants under this section may not be made subject to terms and conditions other than those the Secretary deems necessary for purposes of administering this section and for purposes of assuring that—
(1) all information gathered by the institute is available to the Secretary, the Commission, and the public, and
(2) no portion of any such grant is used to support or oppose any legislative proposal except by means of testimony by representatives of the institute provided by invitation to a committee of Congress or of a State legislature.
(d) Authorization of appropriations
There is authorized to be appropriated not more than $2,000,000 for each of the fiscal years 1979 and 1980 for purposes of making grants under this section. No amounts may be appropriated for any fiscal year after the fiscal year 1980 to carry out the purposes of this section without a specific authorization of Congress.
(Pub. L. 95–617, title VI, § 603, Nov. 9, 1978, 92 Stat. 3165.)
heading: References in Text
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.
heading: Codification
text: This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter.
16 U.S.C. § 2701 (CONSERVATION)
§ 2701. Establishment of program
The Secretary shall establish a program in accordance with this chapter to encourage municipalities, electric cooperatives, industrial development agencies, nonprofit organizations, and other persons to undertake the development of small hydroelectric power projects in connection with existing dams which are not being used to generate electric power.
(Pub. L. 95–617, title IV, § 401, Nov. 9, 1978, 92 Stat. 3154.)
heading: References in Text
text: The Secretary, referred to in text, means the Secretary of Energy, see section 2602(14) of this title.
heading: Promulgation of Implementing Rules and Regulations
text: Pub. L. 96–294, title IV, § 408(d), June 30, 1980, 94 Stat. 718, provided that: “The Secretary shall take such action as may be necessary to assure the establishment, as soon as possible after the date of the enactment of this Act [June 30, 1980] (and in any event within six months after such date in the case of the amendments made by subsections (a) and (c) of this section and in the case of the loan program under section 403 of the Public Utility Regulatory Policies Act of 1978) [amending section 2708 of the title, and section 2703 of this title respectively], of such rules and regulations as may be necessary to fully implement his responsibilities under title IV of the Public Utility Regulatory Policies Act of 1978 [this subchapter] and the amendments thereto made by this section [amending sections 2705 and 2708 of this title]”.
16 U.S.C. § 2702 (CONSERVATION)
§ 2702. Loans for feasibility studies
(a) Loan authority
The Secretary, after consultation with the Commission, is authorized to make a loan to any municipality, electric cooperative, industrial development agency, nonprofit organization, or other person to assist such person in defraying up to 90 percent of the costs of—
(1) studies to determine the feasibility of undertaking a small hydroelectric power proj­ect at an existing dam or dams and
(2) preparing any application for a necessary license or other Federal, State, and local approval respecting such a project at an existing dam or dams and of participating in any administrative proceeding regarding any such application.
(b) Cancellation
The Secretary may cancel the unpaid balance and any accrued interest on any loan granted pursuant to this section if he determines on the basis of the study that the small hydroelectric power project would not be technically or economically feasible.
(Pub. L. 95–617, title IV, § 402, Nov. 9, 1978, 92 Stat. 3154.)
heading: References in Text
text: The Secretary, referred to in text, and the Commission, referred to in subsec. (a), mean the Secretary of Energy and the Federal Energy Regulatory Commission, respectively, see section 2602(3), (14) of this title.
16 U.S.C. § 2703 (CONSERVATION)
§ 2703. Loans for project costs
(a) Authority
The Secretary is authorized to make loans to any municipality, electric cooperative, industrial development agency, nonprofit organization, or other person of up to 75 percent of the proj­ect costs of a small hydroelectric power proj­ect. No such loan may be made unless the Secretary finds that—
(1) the project will be constructed in connection with an existing dam or dams,
(2) all licenses and other required Federal, State, and local approvals necessary for construction of the project have been issued,
(3) the project will have no significant adverse environmental effects, including significant adverse effects on fish and wildlife, on recreational use of water, and on stream flow, and
(4) the project will not have a significant adverse effect on any other use of the water used by such project.
The Secretary may make a commitment to make a loan under this subsection to an applicant who has not met the requirements of paragraph (2), pending compliance by such applicant with such requirements. Such commitment shall be for period 1 of not to exceed 3 years unless the Secretary, in consultation with the Commission, extends such period for good cause shown. Notwithstanding any such commitment, no such loan shall be made before such person has complied with such requirements.
(b) Preference
The Secretary shall give preference to applicants under this section who do not have available alternative financing which the Secretary deems appropriate to carry out the project and whose projects will provide useful information as to the technical and economic feasibility of—
(1) the generation of electric energy by such projects, and
(2) the use of energy produced by such projects.
(c) Information
Every applicant for a license for a small hydroelectric power project receiving loans pursuant to this section shall furnish the Secretary with such information as the Secretary may require regarding equipment and services proposed to be used in the design, construction, and operation of such project. The Secretary shall have the right to forbid the use in such project of any equipment or services he finds inappropriate for such project by reason of cost, performance, or failure to carry out the purposes of this section. The Secretary shall make information which he obtains under this subsection available to the public, other than information described as entitled to confidentiality under section 796(d) of title 15.
(d) Joint participation
In making loans for small hydroelectric power projects under this section, the Secretary shall encourage joint participation, to the extent permitted by law, by applicants eligible to receive loans under this section with respect to the same project.
(Pub. L. 95–617, title IV, § 403, Nov. 9, 1978, 92 Stat. 3155.)
heading: References in Text
text: The Secretary, referred to in text, and the Commission, referred to in subsec. (a), mean the Secretary of Energy and the Federal Energy Regulatory Commission, respectively, see section 2602(3), (14) of this title.
16 U.S.C. § 2704 (CONSERVATION)
§ 2704. Loan rates and repayment
(a) Interest
Each loan made pursuant to this chapter shall bear interest at the discount or interest rate used at the time the loan is made for water resources planning projects under section 1962d–17 of title 42. Each such loan shall be for such term, as the Secretary deems appropriate, but not in excess of—
(1) 10 years (in the case of a loan under section 2702 of this title) or
(2) 30 years (in the case of a loan under section 2703 of this title).
(b) Repayments
Amounts repaid on loans made pursuant to this chapter shall be deposited into the United States Treasury as miscellaneous receipts.
(Pub. L. 95–617, title IV, § 404, Nov. 9, 1978, 92 Stat. 3155.)
heading: References in Text
text: In subsec. (a), “section 1962d–17 of title 42” was in the original “section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962–17(a))”.
The Secretary, referred to in subsec. (a), means the Secretary of Energy, see section 2602(14) of this title.