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16 U.S.C. § 2633 — Relationship to State law

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2633 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2602/17&num=0&edition=prelim), any reference in section 2621 or 2623 of this title to State law shall be treated as a reference to Federal law.

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Source file: Laws/federal/codes/united-states-code/title-16/section-2633-relationship-to-state-law--3caa7c8ebb.md
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Source location: Title 16, Chapter 46, § 2633; chapter-046-public-utility-regulatory-policies.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6808 — Authorization of appropriations

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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6808

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2624 — 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 [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

16 U.S.C. § 2626 — 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 [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 adopt any such standard, pursuant to its authority under otherwise applicable State law. **(b) Establishment** The following Federal standards are hereby established: (1) **Master metering** — To the extent determined appropriate under [section 2625(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2625/d&num=0&edition=

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2626

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824a–3 — Cogeneration and small power production

**(a) Cogeneration and small power production rules** Not later than 1 year after November 9, 1978, the Commission shall prescribe, and from time to time thereafter revise, such rules as it determines necessary to encourage cogeneration and small power production, and to encourage geothermal small power production facilities of not more than 80 megawatts capacity, which rules require electric utilities to offer to— (1) sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities 11 So in original. Probably should be followed by a comma. and (2) purchase electric energy from such facilities. Such rules shall be prescribed, after consultation with representatives of Federal and State regulatory agencies having ratemaking authority for electric utilities, and after public notice and a reasonable opportunity for interested persons (including State and Federal agencies) to submit oral as well as written data, views, and arguments. Such rules shall include provisions respecting minimum reliability of qualifying cogeneration facilities and qualifying small power production facilities (including reliability of such facilities during emergencies) and rules respecting reliability of electric energy service to be available to such facilities from electric utilities during emergencies. Such rules may not authorize a qualifying cogeneration facility or qualifying small power production facility to make any sale for purposes other than resale. **(b) Rates for purchases by electric utilities** The rules prescribed under subsection (a) shall insure that, in requiring any electric utility to offer to purchase electric energy from any qualifying cogeneration facility or qualifying small power production facility, the rates for such purcha

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824a–3

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2633 — Judicial review and enforcement

Page 2210 TITLE 16—CONSERVATION § 2633 such nonregulated electric utility) has adopted a reasonable procedure pursuant to which such au- thority 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 regu- latory authority or nonregulated utility under paragraph (2) may include a preliminary pro- ceeding to require that— (A) as a condition of receiving compensation under such procedure such consumer dem- onstrate 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 inter- ests have a common legal representative in the proceeding as a condition to receiving compensation. (b) Alternative means Compensation shall not be required under sub- section (a) if the State, the State regulatory au- thority (in the case of a proceeding concerning a State regulated electric utility), or the non- regulated electric utility (in the case of a pro- ceeding 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 ade- quately 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 inter- vene 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 in- tervening in,

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2633

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