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16 U.S.C. § 2634 — Intervention in proceedings
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_f520acc878a4e17cb1d31652
Source file: Laws/federal/codes/united-states-code/title-16/section-2634-intervention-in-proceedings--00d10281cc.md
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Source location: Title 16, Chapter 46, § 2634; chapter-046-public-utility-regulatory-policies.md
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**(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.
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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).
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
**(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
**(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 [section 2621 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621&num=0&edition=prelim) with respect to any standard established by [section 2621(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621/d&num=0&edition=prelim) in any proceeding respecting the rates of the electric utility. Any participant or intervenor (including an intervenor referred to in [section 2631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2631&num=0&edition=prelim)) in such a proceeding may request, and shall obtain, such consideration and determination in such proceeding. In undertaking such consideration and making such determination in any such proceeding with respect to the application to any electric utility of any standard established by [section 2621(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621/d&num=0&edition=prelim), a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or nonregulated electric utility may take into account in such proceeding—
(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 [section 2634 of this title](https://uscode.house.gov/view.xhtml?req=gra
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2625
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621/d/1&num=0&edition=prelim).
**(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** [Section 2634 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2634&num=0&edition=prelim) shall not apply to the requirements of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2627
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Federal law — U.S. Code and appendices · legal_authorities
Page 2211
TITLE 16—CONSERVATION
§ 2642
(3) In addition to his authority to obtain re-
view 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 sub-
chapter.
(d) Other authority of Secretary
Nothing in this section prohibits the Sec-
retary from—
(1) intervening and participating in any pro-
ceeding, or
(2) intervening and participating in any re-
view by any court of any action
under section 6804 of title 42.
(Pub. L. 95–617, title I, § 123, Nov. 9, 1978, 92 Stat.
3130.)
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
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 classifica-
tion of title I to the Code, see Tables.
§ 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 No-
vember 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 re-
quirements. 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 t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2634
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