42 U.S.C. § 6805 — Grants for State consumer protection of-

Page 6890 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6802 § 6802. Definitions As used in this subchapter: (1) The term ‘‘Secretary’’ means the Sec- retary of Energy. (2) The term ‘‘electric utility’’ means any person, State agency, or Federal agency which sells electric energy. (3) The term ‘‘Federal agency’’ means any agency or instrumentality of the United States. (4) The term ‘‘State agency’’ means a State, political subdivision thereof, or any agency or instrumentality of either. (5) The term ‘‘State utility regulatory com- mission’’ means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority. (6) The term ‘‘State’’ means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (7) The term ‘‘utility regulatory commis- sion’’ means any State agency or Federal agency which has authority to fix, modify, ap- prove, or disapprove rates for the sale of elec- tric energy by any electric utility (other than by such agency). (Pub. L. 94–385, title II, § 202, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134; Pub. L. 105–388, § 5(b)(2), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes AMENDMENTS 1998—Par. (1). Pub. L. 105–388 made technical amend- ment by striking heading and designation which had been inserted by Pub. L. 95–617. 1978—Par. (1). Pub. L. 95–617 substituted ‘‘The term ‘Secretary’ means the Secretary of Energy’’ for ‘‘The term ‘Administrator’ means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this subchapter’’. § 6803. Development of electric utility rate design proposals by Secretary; contents; submission to Congress; supporting analysis (a) The Secretary shall develop proposals to improve electric utility rate design. Such pro- posals shall be designed to encourage energy conservation, minimize the need for new elec- trical generating capacity, and minimize costs of electric energy to consumers, and shall in- clude (but not be limited to) proposals which provide for the development and implementa- tion of— (1) load management techniques which are cost effective; (2) rates which reflect marginal cost of serv- ice, or time of use of service, or both; (3) ratemaking policies which discourage in- efficient use of fuel and encourage economical purchases of fuel; and (4) rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric util- ity equipment. (b) The proposals prepared under subsection (a) shall be transmitted to each House of Con- gress not later than 6 months after August 14, 1976, for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of— (1) the projected savings (if any) in consump- tion of petroleum products, natural gas, elec- tric energy, and other energy resources, (2) the reduction (if any) in the need for new electrical generating capacity, and of the de- mand for capital by the electric utility indus- try, and (3) changes (if any) in the cost of electric en- ergy to consumers, which are likely to result from the implementa- tion nationally of each of the proposals trans- mitted under this subsection. (Pub. L. 94–385, title II, § 203, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–617 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration. § 6804. Funding, administrative, and judicial au- thorities of Secretary The Secretary may— (1) fund (A) demonstration projects to im- prove electric utility load management proce- dures and (B) regulatory rate reform initia- tives, (2) on request of a State, a utility regulatory commission, or of any participant in any pro- ceeding before a State utility regulatory com- mission which relates to electric utility rates or rate design, intervene and participate in such proceeding, and (3) on request of any State, utility regu- latory commission, or party to any action to obtain judicial review of an administrative proceeding in which the Secretary intervened or participated under paragraph (2), intervene and participate in such action. (Pub. L. 94–385, title II, § 204, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration in two places. § 6805. Grants for State consumer protection of- fices by Secretary (a) Establishment, operation, and purpose; quali- fications for funds The Secretary may make grants to States, or otherwise as provided in subsection (c), under this section to provide for the establishment and operation of offices of consumer services to as- sist consumers in their presentations before utility regulatory commissions. Any assistance provided under this section shall be provided only for an office of consumer services which is Page 6891 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6807a operated independently of any such utility regu- latory commission and which is empowered to— (1) make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers; (2) assist consumers in the presentation of their positions before utility regulatory com- missions; and (3) advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform. (b) Grants subject to State assurances on funds Grants pursuant to subsection (a) of this sec- tion shall be made only to States which furnish such assurances as the Secretary may require that funds made available under such section will be in addition to, and not in substitution for, funds made available to offices of consumer services from other sources. (c) Offices established by Tennessee Valley Au- thority Assistance may be provided under this section to an office of consumer services established by the Tennessee Valley Authority, if such office is operated independently of the Tennessee Valley Authority. (Pub. L. 94–385, title II, § 205, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.) Editorial Notes AMENDMENTS 1978—Subsecs. (a), (b). Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Adminis- trator of the Federal Energy Administration. § 6806. Statement in annual report The Secretary shall include in each annual re- port submitted under section 7267 of this title a statement with respect to activities conducted under this subchapter and recommendations as to the need for and types of further Federal leg- islation. (Pub. L. 94–385, title II, § 206, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134; Pub. L. 96–470, title II, § 203(g), Oct. 19, 1980, 94 Stat. 2243.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘The Secretary shall include in each annual report submitted under section 7267 of this title a statement’’ for ‘‘Not later than the last day in December in each year, the Secretary shall transmit to the Congress a report’’. 1978—Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration. § 6807. State utility regulatory assistance (a) Grants to State utility regulatory commis- sions and nonregulated electric utilities The Secretary may make grants to State util- ity regulatory commissions and nonregulated electric utilities (as defined in the Public Util- ity Regulatory Policies Act of 1978 [16 U.S.C. 2602]) to carry out duties and responsibilities under titles I [16 U.S.C. 2601 et seq.] and III [15 U.S.C. 3201 et seq.], and section 210 [16 U.S.C. 824a–3], of the Public Utility Regulatory Policies Act of 1978. No grant may be made under this section to any Federal agency. (b) Unnecessary requirements prohibited Any requirements established by the Sec- retary with respect to grants under this section may be only such requirements as are necessary to assure that such grants are expended solely to carry out duties and responsibilities referred to in subsection (a) or such as are otherwise re- quired by law. (c) Application for grant No grant may be made under this section un- less an application for such grant is submitted to the Secretary in such form and manner as the Secretary may require. The Secretary may not approve an application of a State utility regu- latory commission or nonregulated electric util- ity unless such commission or nonregulated electric utility assures the Secretary that funds made available under this section will be in ad- dition to, and not in substitution for, funds made available to such commission or nonregu- lated electric utility from other governmental sources. (d) Apportionment of funds The funds appropriated for purposes of this section shall be apportioned among the States in such manner that grants made under this sec- tion in each State shall not exceed the lesser of— (1) the amount determined by dividing equally among all States the total amount available under this section for such grants, or (2) the amount which the Secretary is au- thorized to provide pursuant to subsections (b) and (c) of this section for such State. (Pub. L. 94–385, title II, § 207, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 141, Nov. 9, 1978, 92 Stat. 3133.) Editorial Notes REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. Title I of such Act is classified principally to chapter 46 (§ 2601 et seq.) of Title 16, Conservation, and title III of such Act is classified generally to chap- ter 59 (§ 3201 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16 and Tables. AMENDMENTS 1978—Pub. L. 95–617 substituted provisions relating to grants to State utility regulatory commissions and nonregulated electric utilities for provisions author- izing appropriations to carry out this subchapter. § 6807a. Energy efficiency grants to State regu- latory authorities (a) Energy efficiency grants The Secretary is authorized in accordance with the provisions of this section to provide