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16 U.S.C. § 2622 — Coverage
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 16, Chapter 46, § 2622; chapter-046-public-utility-regulatory-policies.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated—
(1) not to exceed $40,000,000 for each of the fiscal years 1979 and 1980 to carry out [section 6807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6807&num=0&edition=prelim) (relating to State utility regulatory assistance);
(2) not to exceed $10,000,000 for each of the fiscal years 1979 and 1980 to carry out [section 6805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6805&num=0&edition=prelim) (relating to State offices of consumer services); and
(3) not to exceed $8,000,000 for the fiscal year 1979, and $10,000,000 for the fiscal year 1980 to carry out [section 6804(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6804/1/B&num=0&edition=prelim) (relating to innovative rate structures).
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 2633 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2633&num=0&edition=prelim), the purposes of this chapter supplement otherwise applicable State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law.
**(b) Procedural requirements for consideration and determination**
(1) The consideration referred to in subsection (a) 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 [section 2622(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2622/a&num=0&edition=prelim), and in sections 2631 and 2632 of this title, the procedures for the consideration and determination referred to in subsection (a) shall be those estab
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2624
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Federal law — U.S. Code and appendices · legal_authorities
Page 2202
TITLE 16—CONSERVATION
§ 2622
amended sections 6802 to 6807 of Title 42. For complete
classification of title I to the Code, see Tables.
Section 79z–5a of title 15, referred to in subsec.
(d)(10)(A)(ii), was repealed by Pub. L. 109–58, title XII,
§ 1263, Aug. 8, 2005, 119 Stat. 974.
AMENDMENTS
2021—Subsec. (d)(20). Pub. L. 117–58, § 40104(a)(1), added
par. (20).
Subsec. (d)(21). Pub. L. 117–58, § 40431(a), added par.
(21).
2009—Subsec. (d)(16) to (19). Pub. L. 111–5 redesignated
par. (16) relating to consideration of smart grid invest-
ments as (18) and par. (17) relating to smart grid infor-
mation as (19).
2007—Subsec. (d)(16), (17). Pub. L. 110–140, § 1307(a),
added pars. (16) and (17) relating to consideration of
smart grid investments and smart grid information, re-
spectively.
Pub. L. 110–140, § 532(a), added pars. (16) and (17) relat-
ing to integrated resource planning and rate design
modifications to promote energy efficiency invest-
ments, respectively.
2005—Subsec. (d)(11) to (13). Pub. L. 109–58, § 1251(a),
added pars. (11) to (13).
Subsec. (d)(14). Pub. L. 109–58, § 1252(a), added par. (14).
Subsec. (d)(15). Pub. L. 109–58, § 1254(a), added par. (15).
1992—Subsec. (c)(3). Pub. L. 102–486, § 111(b), added par.
(3).
Subsec. (d)(7) to (9). Pub. L. 102–486, § 111(a), added
pars. (7) to (9).
Subsec. (d)(10). Pub. L. 102–486, § 712, added par. (10).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2007 AMENDMENT
Amendment by Pub. L. 110–140 effective on the date
that is 1 day after Dec. 19, 2007, see section 1601 of Pub.
L. 110–140, set out as an Effective Date note under sec-
tion 1824 of Title 2, The Congress.
STATE AUTHORITIES; CONSTRUCTION
Nothing in amendment by section 712 of Pub. L.
102–486 to be construed
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2622
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