15 U.S.C. § 3204 — Special rules for standards

Page 1996 TITLE 15—COMMERCE AND TRADE § 3204 stallation, or servicing of energy conservation, energy efficiency, or other demand-side man- agement measures, and (2) implement such standard so as to assure that utility actions would not provide such utilities with unfair competitive advantages over such small businesses. (Pub. L. 95–617, title III, § 303, Nov. 9, 1978, 92 Stat. 3150; Pub. L. 102–486, title I, § 115(b)–(d), Oct. 24, 1992, 106 Stat. 2803, 2804; Pub. L. 110–140, title V, § 532(b), (c), Dec. 19, 2007, 121 Stat. 1666, 1667.) Editorial Notes REFERENCES IN TEXT The Energy Policy Act of 1992, referred to in subsec. (b)(4), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of Title 42, The Public Health and Welfare and Tables. CODIFICATION This chapter, referred to in subsec. (b)(6), was in the original ‘‘this subtitle’’, which was translated as mean- ing title III of Pub. L. 95–617 to reflect the probable in- tent of Congress. AMENDMENTS 2007—Subsec. (a)(2). Pub. L. 110–140, § 532(c), which di- rected substitution of ‘‘(4), (5), and (6)’’ for ‘‘and (4)’’ in subsec. (a), was executed by making the substitution in subsec. (a)(2) to reflect the probable intent of Congress. Subsec. (b)(5), (6). Pub. L. 110–140, § 532(b), added pars. (5) and (6). 1992—Subsec. (a). Pub. L. 102–486, § 115(d), in introduc- tory provisions inserted ‘‘(or after October 24, 1992, in the case of standards under paragraphs (3), and (4) of subsection (b))’’ and in par. (2) substituted ‘‘standards established by paragraphs (2), (3) and (4) of subsection (b)’’ for ‘‘standard established by subsection (b)(2)’’. Subsec. (b)(3), (4). Pub. L. 102–486, § 115(b), added pars. (3) and (4). Subsec. (d). Pub. L. 102–486, § 115(c), added subsec. (d). 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. REPORT TO PRESIDENT AND CONGRESS ON ENCOURAGE- MENT OF INTEGRATED RESOURCE PLANNING AND IN- VESTMENTS IN CONSERVATION AND ENERGY EFFI- CIENCY BY ELECTRIC UTILITIES Pub. L. 102–486, title I, § 115(e), Oct. 24, 1992, 106 Stat. 2804, provided that: ‘‘The report under section 111(e) of this Act [16 U.S.C. 2621 note] transmitted by the Sec- retary of Energy to the President and to the Congress shall contain a survey of all State laws, regulations, practices, and policies under which State regulatory authorities implement the provisions of paragraphs (3) and (4) of section 303(b) of the Public Utility Regu- latory Policies Act of 1978 [15 U.S.C. 3203(b)(3) and (4)]. The report shall include an analysis, prepared in con- junction with the Federal Trade Commission, of the competitive impact of implementation of energy con- servation, energy efficiency, and other demand side management programs by gas utilities on small busi- nesses engaged in the design, sale, supply, installation, or servicing of similar energy conservation, energy effi- ciency, or other demand-side management measures and whether any unfair, deceptive, or predatory acts or practices exist, or are likely to exist, from implementa- tion of such programs.’’ DEFINITIONS The definitions of State and system cost in section 2602 of Title 16, Conservation, apply to this section. § 3204. Special rules for standards (a) Procedures for termination of gas service The procedures for termination of service re- ferred to in section 3203(b)(1) of this title are procedures prescribed by the State regulatory authority (with respect to gas utilities for which it has ratemaking authority) or the nonregu- lated gas utility which provide that— (1) no gas service to a gas consumer may be terminated unless reasonable prior notice (in- cluding 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 a gas consumer would be especially dangerous to health, as determined by the State regulatory authority (with respect to each gas utility for which it has ratemaking authority) or nonregulated gas 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. (b) Advertising (1) For purposes of this section and section 3203 of this title— (A) The term ‘‘advertising’’ means the com- mercial use, by a gas utility, of any media, in- cluding 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 gas consumers. (B) The term ‘‘political advertising’’ means any advertising for the purpose of influencing public opinion with respect to legislative, ad- ministrative, or electoral matters, or with re- spect to any controversial issue of public im- portance. (C) The term ‘‘promotional advertising’’ means any advertising for the purpose of en- couraging any person to select or use the serv- ice or additional service of a gas utility or the selection or installation of any appliance or equipment designed to use such utility’s serv- ice. (2) For purposes of this section and section 3203 of this title, the terms ‘‘political adver- tising’’ and ‘‘promotional advertising’’ do not include— (A) advertising which informs natural gas consumers how they can conserve natural gas or can reduce peak demand for natural gas, (B) advertising required by law or regula- tion, including advertising required under part 1 of title II of the National Energy Conserva- tion Policy Act [42 U.S.C. 8211 et seq.], (C) advertising regarding service interrup- tions, safety measures, or emergency condi- tions, Page 1997 TITLE 15—COMMERCE AND TRADE § 3206 1 So in original. Probably should be ‘‘analysis’’. (D) advertising concerning employment op- portunities with such utility, (E) advertising which promotes the use of energy efficient appliances, equipment or serv- ices, or (F) any explanation or justification of exist- ing or proposed rate schedules, or notification of hearings thereon. (Pub. L. 95–617, title III, § 304, Nov. 9, 1978, 92 Stat. 3151.) Editorial Notes REFERENCES IN TEXT The National Energy Conservation Policy Act, re- ferred to in subsec. (b)(2)(B), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3208. Part 1 of title II of the National En- ergy Conservation Policy Act was classified generally to part A (§ 8211 et seq.) of subchapter II of chapter 91 of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 8229 of Title 42 which terminated authority under that part June 30, 1989. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 42 and Tables. § 3205. Federal participation (a) Intervention In addition to the authorities vested in the Secretary pursuant to any other provision of law, the Secretary, on his own motion, may in- tervene as a matter of right in any proceeding before a State regulatory authority which re- lates to gas utility rates or rate design. Such intervention shall be solely for the purpose of advocating policies or methods which carry out the purposes set forth in section 3201 of this title. (b) Rights The Secretary shall have the same rights as any other party to a proceeding before a State regulatory authority which relates to gas utility rates or rate design. (c) Nonregulated gas utilities The Secretary, on his own motion, may, to the same extent as provided in subsections (a) through (b), intervene as a matter of right in any proceeding which relates to rates or rate de- sign of nonregulated gas utilities. (Pub. L. 95–617, title III, § 305, Nov. 9, 1978, 92 Stat. 3152.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section. § 3206. Gas utility rate design proposals (a) Study (1) The Secretary, in consultation with the Commission and, after affording an opportunity for consultation and comment by representa- tives of the State regulatory commissions, gas utilities, and gas consumers, shall study and re- port to Congress on gas utility rate design with- in 18 months after November 9, 1978. Such study shall address the effect (both separately and in combination) of the following factors upon the items listed in paragraph (2): incremental pric- ing; marginal cost pricing; end user gas con- sumption taxes; wellhead natural gas pricing policies; demand-commodity rate design; declin- ing block rates; interruptible service; seasonal rate differentials; and end user rate schedules. (2) The items referred to in paragraph (1) are as follows: (A) natural gas pipeline and local distribu- tion company load factors; (B) rates to each class of user, including res- idential, commercial, and industrial users; (C) the change in total costs resulting from gas utility designs (including capital and oper- ating costs) to gas consumers or classes there- of; (D) demand for, and consumption of, natural gas; (E) end use profiles of natural gas pipelines and local distribution companies; and (F) competition with alternative fuels. (b) Proposals Based upon the study prepared pursuant to subsection (a), the Secretary shall develop pro- posals to improve gas utility rate design and to encourage conservation of natural gas. Such proposals shall include any comments and rec- ommendations of the Commission. (c) Transmission to Congress The proposals prepared under subsection (b), shall be transmitted, together with any legisla- tive recommendations, to each House of Con- gress not later than 6 months after the date of submission of the study under subsection (a). Such proposals shall be accompanied by an anal- yses 1 of— (1) the projected savings (if any) in consump- tion of natural gas, and other energy re- sources, (2) changes (if any) in the cost of natural gas to consumers, which are likely to result from the implementation nationally of each of such proposals, and (3) the effects of the proposals on other pro- visions of this Act on gas utility rate struc- tures. (d) Public participation The Secretary shall provide for public partici- pation in the conduct of the study under sub- section (a), and the preparation of proposals under subsection (b). (Pub. L. 95–617, title III, § 306, Nov. 9, 1978, 92 Stat. 3152.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(3), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conserva- tion, and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of Secretary and Commission in sec- tion 2602 of Title 16, Conservation, apply to this sec- tion.