CHAPTER 46 —PUBLIC UTILITY REGULATORY POLICIES
SUBCHAPTER I—RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES
SUBCHAPTER II—STANDARDS FOR ELECTRIC UTILITIES
SUBCHAPTER III—INTERVENTION AND JUDICIAL REVIEW
SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS
§2601. Findings
The Congress finds that the protection of the public health, safety, and welfare, the preservation of national security, and the proper exercise of congressional authority under the Constitution to regulate interstate commerce require—
(1) a program providing for increased conservation of electric energy, increased efficiency in the use of facilities and resources by electric utilities, and equitable retail rates for electric consumers,
(2) a program to improve the wholesale distribution of electric energy, the reliability of electric service, the procedures concerning consideration of wholesale rate applications before the Federal Energy Regulatory Commission, the participation of the public in matters before the Commission, and to provide other measures with respect to the regulation of the wholesale sale of electric energy,
(3) a program to provide for the expeditious development of hydroelectric potential at existing small dams to provide needed hydroelectric power,
(4) a program for the conservation of natural gas while insuring that rates to natural gas consumers are equitable,
(5) a program to encourage the development of crude oil transportation systems, and
(6) the establishment of certain other authorities as provided in title VI of this Act.
(
Editorial Notes
References in Text
This Act, referred to in par. (6), is
Codification
This section was not enacted as part of title I of
Statutory Notes and Related Subsidiaries
Short Title
§2602. Definitions
As used in this Act, except as otherwise specifically provided—
(1) The term "antitrust laws" includes the Sherman Antitrust Act (
(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
(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
(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.
(
Editorial Notes
References in Text
This Act, referred to in text, is
The Sherman Antitrust Act (
The Clayton Act (
The Federal Trade Commission Act (
The Wilson Tariff Act (
Act of June 19, 1936,
Codification
This section was not enacted as part of title I of
Amendments
1992—Pars. (19) to (21).
§2603. Relationship to antitrust laws
Nothing in this Act or in any amendment made by this Act affects—
(1) the applicability of the antitrust laws to any electric utility or gas utility (as defined in
(2) any authority of the Secretary or of the Commission under any other provision of law (including the Federal Power Act [
(
Editorial Notes
References in Text
This Act, referred to in text, is act
The Federal Power Act, referred to in par. (2), is act June 10, 1920, ch. 285,
The Natural Gas Act, referred to in par. (2), is act June 21, 1938, ch. 556,
Codification
This section was not enacted as part of title I of
SUBCHAPTER I—RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I (§101 et seq.) of
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I (§101 et seq.) of
§2613. Federal contracts
Notwithstanding the limitation contained in
(
SUBCHAPTER II—STANDARDS FOR ELECTRIC UTILITIES
§2621. Consideration and determination respecting certain ratemaking standards
(a) Consideration and determination
Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall consider each standard established by subsection (d) 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), and for purposes of any review of such consideration and determination in any court in accordance with
(b) Procedural requirements for consideration and determination
(1) The consideration referred to in subsection (a) shall be made after public notice and hearing. The determination referred to in subsection (a) 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
(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) 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) which is determined under subsection (a) 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), 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
(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
(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
(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
(E) Notwithstanding subsections (b) and (c) of
(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
(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.
(16) Integrated resource planning
Each electric utility shall—
(A) integrate energy efficiency resources into utility, State, and regional plans; and
(B) adopt policies establishing cost-effective energy efficiency as a priority resource.
(17) Rate design modifications to promote energy efficiency investments
(A) In general
The rates allowed to be charged by any electric utility shall—
(i) align utility incentives with the delivery of cost-effective energy efficiency; and
(ii) promote energy efficiency investments.
(B) Policy options
In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider—
(i) removing the throughput incentive and other regulatory and management disincentives to energy efficiency;
(ii) providing utility incentives for the successful management of energy efficiency programs;
(iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives;
(iv) adopting rate designs that encourage energy efficiency for each customer class;
(v) allowing timely recovery of energy efficiency-related costs; and
(vi) offering home energy audits, offering demand response programs, publicizing the financial and environmental benefits associated with making home energy efficiency improvements, and educating homeowners about all existing Federal and State incentives, including the availability of low-cost loans, that make energy efficiency improvements more affordable.
(18) Consideration of smart grid investments
(A) In general
Each State shall consider requiring that, prior to undertaking investments in nonadvanced grid technologies, an electric utility of the State demonstrate to the State that the electric utility considered an investment in a qualified smart grid system based on appropriate factors, including—
(i) total costs;
(ii) cost-effectiveness;
(iii) improved reliability;
(iv) security;
(v) system performance; and
(vi) societal benefit.
(B) Rate recovery
Each State shall consider authorizing each electric utility of the State to recover from ratepayers any capital, operating expenditure, or other costs of the electric utility relating to the deployment of a qualified smart grid system, including a reasonable rate of return on the capital expenditures of the electric utility for the deployment of the qualified smart grid system.
(C) Obsolete equipment
Each State shall consider authorizing any electric utility or other party of the State to deploy a qualified smart grid system to recover in a timely manner the remaining book-value costs of any equipment rendered obsolete by the deployment of the qualified smart grid system, based on the remaining depreciable life of the obsolete equipment.
(19) Smart grid information
(A) Standard
All electricity purchasers shall be provided direct access, in written or electronic machine-readable form as appropriate, to information from their electricity provider as provided in subparagraph (B).
(B) Information
Information provided under this section, to the extent practicable, shall include:
(i) Prices
Purchasers and other interested persons shall be provided with information on—
(I) time-based electricity prices in the wholesale electricity market; and
(II) time-based electricity retail prices or rates that are available to the purchasers.
(ii) Usage
Purchasers shall be provided with the number of electricity units, expressed in kwh, purchased by them.
(iii) Intervals and projections
Updates of information on prices and usage shall be offered on not less than a daily basis, shall include hourly price and use information, where available, and shall include a day-ahead projection of such price information to the extent available.
(iv) Sources
Purchasers and other interested persons shall be provided annually with written information on the sources of the power provided by the utility, to the extent it can be determined, by type of generation, including greenhouse gas emissions associated with each type of generation, for intervals during which such information is available on a cost-effective basis.
(C) Access
Purchasers shall be able to access their own information at any time through the Internet and on other means of communication elected by that utility for Smart Grid applications. Other interested persons shall be able to access information not specific to any purchaser through the Internet. Information specific to any purchaser shall be provided solely to that purchaser.
(20) Demand-response practices
(A) In general
Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
(B) Rate recovery
(i) In general
Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
(ii) Nonregulated electric utilities
A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
(21) Electric vehicle charging programs
Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that—
(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
(C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and
(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this title", meaning title I (§101 et seq.) of
Amendments
2021—Subsec. (d)(20).
Subsec. (d)(21).
2009—Subsec. (d)(16) to (19).
2007—Subsec. (d)(16), (17).
2005—Subsec. (d)(11) to (13).
Subsec. (d)(14).
Subsec. (d)(15).
1992—Subsec. (c)(3).
Subsec. (d)(7) to (9).
Subsec. (d)(10).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
State Authorities; Construction
Nothing in amendment by section 712 of
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Report to President and Congress on Encouragement of Integrated Resource Planning and Investments in Conservation and Energy Efficiency by Electric Utilities
"(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 [
"(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
Study Concerning Electric Rates of State Utility Agencies
1 See References in Text note below.
§2622. Obligations to consider and determine
(a) Request for consideration and determination
Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility may undertake the consideration and make the determination referred to in
(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
(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
(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
(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
(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
(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
(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
(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
(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
(6)(A) Not later than 1 year after December 19, 2007, 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
(B) Not later than 2 years after December 19, 2007, 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
(7)(A) Not later than 1 year after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under
(B) Not later than 2 years after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under
(8)(A) Not later than 1 year after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under
(B) Not later than 2 years after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under
(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
(d) Prior State actions relating to standard under certain paragraphs of section 2621(d)
Subsections (b) and (c) of this section shall not apply to the standards established by paragraphs (11) through (13) and paragraphs (16) through (19) of
(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
(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
(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.
(g) Prior State actions
Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of
(1) the State has implemented for the electric utility the standard (or a comparable standard);
(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
(h) Other prior State actions
Subsections (b) and (c) shall not apply to the standard established by paragraph (21) of
(1) the State has implemented for the electric utility the standard (or a comparable standard);
(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on November 15, 2021.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1)(B), was in the original "this title", meaning title I (§101 et seq.) of
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,
Amendments
2021—Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (c).
Subsec. (d).
Subsec. (g).
Subsec. (h).
2009—Subsecs. (b)(6), (d).
2007—Subsec. (b)(6).
Subsec. (c).
Subsec. (d).
2005—Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1992—Subsec. (b)(1), (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Effective Date of 2007 Amendment
Amendment by
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§2623. Adoption of certain standards
(a) Adoption of standards
Not later than two years after November 9, 1978, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall provide public notice and conduct a hearing respecting the standards established by subsection (b) and, on the basis of such hearing, shall—
(1) adopt the standards established by subsection (b) (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) 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
(b) Establishment
The following Federal standards are hereby established:
(1) Master metering
To the extent determined appropriate under
(2) Automatic adjustment clauses
No electric utility may increase any rate pursuant to an automatic adjustment clause unless such clause meets the requirements of
(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
(4) Procedures for termination of electric service
No electric utility may terminate electric service to any electric consumer except pursuant to procedures described in
(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
(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), shall (1) adopt, pursuant to subsection (a), each of the standards established by subsection (b) 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this title", meaning title I (§101 et seq.) of
§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
(b) Determination
If any State regulated electric utility or nonregulated electric utility does not have a lower rate as described in subsection (a) 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
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this title", meaning title I (§101 et seq.) of
§2625. Special rules for standards
(a) Cost of service
In undertaking the consideration and making the determination under
(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
(c) Load management techniques
In undertaking the consideration and making the determination required under
(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
(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
(f) Information to consumers
(1) For purposes of the standard for information to consumers established by
(A) not later than sixty days after the date of commencement of service to such consumer or ninety days after the standard established by
(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
(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
(g) Procedures for termination of electric service
The procedures for termination of service referred to in
(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
(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
(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 [
(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
(
Editorial Notes
References in Text
The National Energy Conservation Policy Act, referred to in subsec. (h)(2)(B), is
Amendments
2005—Subsec. (b).
Subsec. (i).
§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
(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),
(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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(3), was in the original "this title", meaning title I (§101 et seq.) of
§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
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this title", meaning title I (§101 et seq.) of
SUBCHAPTER III—INTERVENTION AND JUDICIAL REVIEW
§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) 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this title", meaning title I (§101 et seq.) of
§2632. Consumer representation
(a) Compensation for costs of participation or intervention
(1) If no alternative means for assuring representation of electric consumers is adopted in accordance with subsection (b) 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, 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) 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.
(
§2633. Judicial review and enforcement
(a) Limitation of Federal jurisdiction
Notwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of subchapter I or II 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); and
(2) review of any action in the Supreme Court of the United States in accordance with
(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
(2) If any electric utility or electric consumer having a right to intervene under
(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 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 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 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 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
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(1), was in the original "this title", meaning title I (§101 et seq.) of
§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
(
Editorial Notes
Amendments
2021—
2005—
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS
§2641. Voluntary guidelines
The Secretary may prescribe voluntary guidelines respecting the standards established by
(
§2642. Responsibilities of Secretary
(a) Authority
The Secretary may periodically notify the State regulatory authorities, and electric utilities identified pursuant to
(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 and as is requested by any State regulatory authority relating to the standards established by subchapter II.
(c) Appropriations
There are authorized to be appropriated to carry out the purposes of subsection (b) 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(4), was in the original "this title", meaning title I (§101 et seq.) of
Amendments
2005—Subsec. (a)(5).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Demand Response Assistance
"(e)
"(1)
"(2)
"(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)
"(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)
§2643. Gathering information on costs of service
(a) Information required to be gathered
Each electric utility shall periodically gather information under such rules (promulgated by the Commission) as the Commission determines necessary to allow determination of the costs associated with providing electric service. For purposes of this section, and for purposes of any consideration and determination respecting the standard established by
(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 [
(
Editorial Notes
References in Text
The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (d), is
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I (§101 et seq.) of
§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):
(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.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(3), is
Codification
This section was not enacted as part of title I of