16 U.S.C. § 2621 — Consideration and determination respect-

Page 2197 TITLE 16—CONSERVATION § 2621 CODIFICATION This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter. AMENDMENTS 1992—Pars. (19) to (21). Pub. L. 102–486 added pars. (19) to (21). § 2603. Relationship to antitrust laws Nothing in this Act or in any amendment made by this Act affects— (1) the applicability of the antitrust laws to any electric utility or gas utility (as defined in section 3202 of title 15), or (2) any authority of the Secretary or of the Commission under any other provision of law (including the Federal Power Act [16 U.S.C. 791a et seq.] and the Natural Gas Act [15 U.S.C. 717 et seq.]) respecting unfair methods of com- petition or anticompetitive acts or practices. (Pub. L. 95–617, § 4, Nov. 9, 1978, 92 Stat. 3120.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. The Federal Power Act, referred to in par. (2), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 791a of this title and Tables. The Natural Gas Act, referred to in par. (2), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. CODIFICATION This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter. SUBCHAPTER I—RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES § 2611. Purposes The purposes of this chapter are to encour- age— (1) conservation of energy supplied by elec- tric utilities; (2) the optimization of the efficiency of use of facilities and resources by electric utilities; and (3) equitable rates to electric consumers. (Pub. L. 95–617, title I, § 101, Nov. 9, 1978, 92 Stat. 3120.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 sub- chapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sec- tions 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables. § 2612. Coverage (a) Volume of total retail sales This chapter applies to each electric utility in any calendar year, and to each proceeding relat- ing 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 begin- ning after December 31, 1975, and before the im- mediately 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 re- late 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 ap- plies 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. (Pub. L. 95–617, title I, § 102, Nov. 9, 1978, 92 Stat. 3121.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 sub- chapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sec- tions 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables. § 2613. Federal contracts Notwithstanding the limitation contained in section 2612(b) of this title, no contract between a Federal agency and any electric utility for the sale of electric energy by such Federal agency for resale which is entered into or renewed after November 9, 1978, may contain any provision which will have the effect of preventing the im- plementation of any requirement of subchapter II or III. Any provision in any such contract which has such effect shall be null and void. (Pub. L. 95–617, title I, § 103, Nov. 9, 1978, 92 Stat. 3121.) SUBCHAPTER II—STANDARDS FOR ELECTRIC UTILITIES § 2621. Consideration and determination respect- ing certain ratemaking standards (a) Consideration and determination Each State regulatory authority (with respect to each electric utility for which it has rate- making authority) and each nonregulated elec- tric utility shall consider each standard estab- lished by subsection (d) and make a determina- tion 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 determina- tion in any court in accordance with section 2633 of this title, the purposes of this chapter supple- Page 2198 TITLE 16—CONSERVATION § 2621 ment 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 appro- priate to implement any such standard, pursu- ant 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 hear- ing. The determination referred to in subsection (a) shall be— (A) in writing, (B) based upon findings included in such de- termination 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, and in sections 2631 and 2632 of this title, the procedures for the consideration and determination referred to in subsection (a) shall be those established by the State regulatory au- thority or the nonregulated electric utility. (c) Implementation (1) The State regulatory authority (with re- spect to each electric utility for which it has ratemaking authority) or nonregulated electric utility may, to the extent consistent with other- wise applicable State law— (A) implement any such standard deter- mined under subsection (a) to be appropriate to carry out the purposes of this chapter, or (B) decline to implement any such standard. (2) If a State regulatory authority (with re- spect to each electric utility for which it has ratemaking authority) or nonregulated electric utility declines to implement any standard es- tablished by subsection (d) which is determined under subsection (a) to be appropriate to carry out the purposes of this chapter, such authority or nonregulated electric utility shall state in writing the reasons therefor. Such statement of reasons shall be available to the public. (3) If a State regulatory authority implements a standard established by subsection (d)(7) or (8), such authority shall— (A) consider the impact that implementa- tion of such standard would have on small businesses engaged in the design, sale, supply, installation or servicing of energy conserva- tion, energy efficiency or other demand side management measures, and (B) implement such standard so as to assure that utility actions would not provide such utilities with unfair competitive advantages over such small businesses. (d) Establishment The following Federal standards are hereby es- tablished: (1) Cost of service Rates charged by any electric utility for providing electric service to each class of elec- tric consumers shall be designed, to the max- imum extent practicable, to reflect the costs of providing electric service to such class, as determined under section 2625(a) of this title. (2) Declining block rates The energy component of a rate, or the amount attributable to the energy component in a rate, charged by any electric utility for providing electric service during any period to any class of electric consumers may not de- crease as kilowatt-hour consumption by such class increases during such period except to the extent that such utility demonstrates that the costs to such utility of providing electric service to such class, which costs are attrib- utable to such energy component, decrease as such consumption increases during such pe- riod. (3) Time-of-day rates The rates charged by any electric utility for providing electric service to each class of elec- tric consumers shall be on a time-of-day basis which reflects the costs of providing electric service to such class of electric consumers at different times of the day unless such rates are not cost-effective with respect to such class, as determined under section 2625(b) of this title. (4) Seasonal rates The rates charged by an electric utility for providing electric service to each class of elec- tric consumers shall be on a seasonal basis which reflects the costs of providing service to such class of consumers at different seasons of the year to the extent that such costs vary seasonally for such utility. (5) Interruptible rates Each electric utility shall offer each indus- trial and commercial electric consumer an in- terruptible rate which reflects the cost of pro- viding interruptible service to the class of which such consumer is a member. (6) Load management techniques Each electric utility shall offer to its elec- tric consumers such load management tech- niques as the State regulatory authority (or the nonregulated electric utility) has deter- mined will— (A) be practicable and cost-effective, as de- termined under section 2625(c) of this title, (B) be reliable, and (C) provide useful energy or capacity man- agement advantages to the electric utility. (7) Integrated resource planning Each electric utility shall employ integrated resource planning. All plans or filings before a State regulatory authority to meet the re- quirements of this paragraph must be updated on a regular basis, must provide the oppor- tunity for public participation and comment, and contain a requirement that the plan be implemented. (8) Investments in conservation and demand management The rates allowed to be charged by a State regulated electric utility shall be such that the utility’s investment in and expenditures for energy conservation, energy efficiency re- sources, and other demand side management measures are at least as profitable, giving ap- propriate consideration to income lost from Page 2199 TITLE 16—CONSERVATION § 2621 1 See References in Text note below. reduced sales due to investments in and ex- penditures for conservation and efficiency, as its investments in and expenditures for the construction of new generation, transmission, and distribution equipment. Such energy con- servation, energy efficiency resources and other demand side management measures shall be appropriately monitored and evalu- ated. (9) Energy efficiency investments in power generation and supply The rates charged by any electric utility shall be such that the utility is encouraged to make investments in, and expenditures for, all cost-effective improvements in the energy effi- ciency of power generation, transmission and distribution. In considering regulatory changes to achieve the objectives of this para- graph, State regulatory authorities and non- regulated electric utilities shall consider the disincentives caused by existing ratemaking policies, and practices, and consider incentives that would encourage better maintenance, and investment in more efficient power genera- tion, transmission and distribution equip- ment. (10) Consideration of the effects of wholesale power purchases on utility cost of capital; effects of leveraged capital structures on the reliability of wholesale power sellers; and assurance of adequate fuel supplies (A) To the extent that a State regulatory authority requires or allows electric utilities for which it has ratemaking authority to con- sider the purchase of long-term wholesale power supplies as a means of meeting electric demand, such authority shall perform a gen- eral evaluation of: (i) the potential for increases or decreases in the costs of capital for such utilities, and any resulting increases or decreases in the retail rates paid by electric consumers, that may result from purchases of long-term wholesale power supplies in lieu of the con- struction of new generation facilities by such utilities; (ii) whether the use by exempt wholesale generators (as defined in section 79z–5a 1 of title 15) of capital structures which employ proportionally greater amounts of debt than the capital structures of such utilities threatens reliability or provides an unfair advantage for exempt wholesale generators over such utilities; (iii) whether to implement procedures for the advance approval or disapproval of the purchase of a particular long-term wholesale power supply; and (iv) whether to require as a condition for the approval of the purchase of power that there be reasonable assurances of fuel supply adequacy. (B) For purposes of implementing the provi- sions of this paragraph, any reference con- tained in this section to November 9, 1978, shall be deemed to be a reference to October 24, 1992. (C) Notwithstanding any other provision of Federal law, nothing in this paragraph shall prevent a State regulatory authority from taking such action, including action with re- spect to the allowable capital structure of ex- empt wholesale generators, as such State reg- ulatory authority may determine to be in the public interest as a result of performing eval- uations under the standards of subparagraph (A). (D) Notwithstanding section 2634 of this title and paragraphs (1) and (2) of section 2622(a) of this title, each State regulatory authority shall consider and make a determination con- cerning the standards of subparagraph (A) in accordance with the requirements of sub- sections (a) and (b) of this section, without re- gard to any proceedings commenced prior to October 24, 1992. (E) Notwithstanding subsections (b) and (c) of section 2622 of this title, each State regu- latory authority shall consider and make a de- termination concerning whether it is appro- priate to implement the standards set out in subparagraph (A) not later than one year after October 24, 1992. (11) Net metering Each electric utility shall make available upon request net metering service to any elec- tric consumer that the electric utility serves. For purposes of this paragraph, the term ‘‘net metering service’’ means service to an electric consumer under which electric energy gen- erated by that electric consumer from an eli- gible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the elec- tric utility to the electric consumer during the applicable billing period. (12) Fuel sources Each electric utility shall develop a plan to minimize dependence on 1 fuel source and to ensure that the electric energy it sells to con- sumers is generated using a diverse range of fuels and technologies, including renewable technologies. (13) Fossil fuel generation efficiency Each electric utility shall develop and im- plement a 10-year plan to increase the effi- ciency of its fossil fuel generation. (14) Time-based metering and communications (A) Not later than 18 months after August 8, 2005, each electric utility shall offer each of its customer classes, and provide individual cus- tomers upon customer request, a time-based rate schedule under which the rate charged by the electric utility varies during different time periods and reflects the variance, if any, in the utility’s costs of generating and pur- chasing electricity at the wholesale level. The time-based rate schedule shall enable the elec- tric consumer to manage energy use and cost through advanced metering and communica- tions technology. (B) The types of time-based rate schedules that may be offered under the schedule re- ferred to in subparagraph (A) include, among others— Page 2200 TITLE 16—CONSERVATION § 2621 (i) time-of-use pricing whereby electricity prices are set for a specific time period on an advance or forward basis, typically not changing more often than twice a year, based on the utility’s cost of generating and/ or purchasing such electricity at the whole- sale level for the benefit of the consumer. Prices paid for energy consumed during these periods shall be pre-established and known to consumers in advance of such con- sumption, allowing them to vary their de- mand and usage in response to such prices and manage their energy costs by shifting usage to a lower cost period or reducing their consumption overall; (ii) critical peak pricing whereby time-of- use prices are in effect except for certain peak days, when prices may reflect the costs of generating and/or purchasing electricity at the wholesale level and when consumers may receive additional discounts for reduc- ing peak period energy consumption; (iii) real-time pricing whereby electricity prices are set for a specific time period on an advanced or forward basis, reflecting the utility’s cost of generating and/or pur- chasing electricity at the wholesale level, and may change as often as hourly; and (iv) credits for consumers with large loads who enter into pre-established peak load re- duction agreements that reduce a utility’s planned capacity obligations. (C) Each electric utility subject to subpara- graph (A) shall provide each customer request- ing a time-based rate with a time-based meter capable of enabling the utility and customer to offer and receive such rate, respectively. (D) For purposes of implementing this para- graph, any reference contained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. (E) In a State that permits third-party mar- keters to sell electric energy to retail electric consumers, such consumers shall be entitled to receive the same time-based metering and communications device and service as a retail electric consumer of the electric utility. (F) Notwithstanding subsections (b) and (c) of section 2622 of this title, each State regu- latory authority shall, not later than 18 months after August 8, 2005, conduct an inves- tigation in accordance with section 2625(i) of this title and issue a decision whether it is ap- propriate to implement the standards set out in subparagraphs (A) and (C). (15) Interconnection Each electric utility shall make available, upon request, interconnection service to any electric consumer that the electric utility serves. For purposes of this paragraph, the term ‘‘interconnection service’’ means service to an electric consumer under which an on- site generating facility on the consumer’s premises shall be connected to the local dis- tribution facilities. Interconnection services shall be offered based upon the standards de- veloped by the Institute of Electrical and Electronics Engineers: IEEE Standard 1547 for Interconnecting Distributed Resources with Electric Power Systems, as they may be amended from time to time. In addition, agreements and procedures shall be estab- lished whereby the services are offered shall promote current best practices of interconnec- tion for distributed generation, including but not limited to practices stipulated in model codes adopted by associations of state regu- latory agencies. All such agreements and pro- cedures shall be just and reasonable, and not unduly discriminatory or preferential. (16) Integrated resource planning Each electric utility shall— (A) integrate energy efficiency resources into utility, State, and regional plans; and (B) adopt policies establishing cost-effec- tive energy efficiency as a priority resource. (17) Rate design modifications to promote en- ergy efficiency investments (A) In general The rates allowed to be charged by any electric utility shall— (i) align utility incentives with the de- livery of cost-effective energy efficiency; and (ii) promote energy efficiency invest- ments. (B) Policy options In complying with subparagraph (A), each State regulatory authority and each non- regulated utility shall consider— (i) removing the throughput incentive and other regulatory and management dis- incentives to energy efficiency; (ii) providing utility incentives for the successful management of energy effi- ciency programs; (iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy effi- ciency must be balanced with other objec- tives; (iv) adopting rate designs that encourage energy efficiency for each customer class; (v) allowing timely recovery of energy efficiency-related costs; and (vi) offering home energy audits, offering demand response programs, publicizing the financial and environmental benefits asso- ciated with making home energy effi- ciency improvements, and educating homeowners about all existing Federal and State incentives, including the avail- ability of low-cost loans, that make en- ergy efficiency improvements more afford- able. (18) Consideration of smart grid investments (A) In general Each State shall consider requiring that, prior to undertaking investments in non- advanced grid technologies, an electric util- ity of the State demonstrate to the State that the electric utility considered an in- vestment in a qualified smart grid system based on appropriate factors, including— (i) total costs; (ii) cost-effectiveness; (iii) improved reliability; (iv) security; Page 2201 TITLE 16—CONSERVATION § 2621 (v) system performance; and (vi) societal benefit. (B) Rate recovery Each State shall consider authorizing each electric utility of the State to recover from ratepayers any capital, operating expendi- ture, or other costs of the electric utility re- lating to the deployment of a qualified smart grid system, including a reasonable rate of return on the capital expenditures of the electric utility for the deployment of the qualified smart grid system. (C) Obsolete equipment Each State shall consider authorizing any electric utility or other party of the State to deploy a qualified smart grid system to re- cover in a timely manner the remaining book-value costs of any equipment rendered obsolete by the deployment of the qualified smart grid system, based on the remaining depreciable life of the obsolete equipment. (19) Smart grid information (A) Standard All electricity purchasers shall be provided direct access, in written or electronic ma- chine-readable form as appropriate, to infor- mation from their electricity provider as provided in subparagraph (B). (B) Information Information provided under this section, to the extent practicable, shall include: (i) Prices Purchasers and other interested persons shall be provided with information on— (I) time-based electricity prices in the wholesale electricity market; and (II) time-based electricity retail prices or rates that are available to the pur- chasers. (ii) Usage Purchasers shall be provided with the number of electricity units, expressed in kwh, purchased by them. (iii) Intervals and projections Updates of information on prices and usage shall be offered on not less than a daily basis, shall include hourly price and use information, where available, and shall include a day-ahead projection of such price information to the extent available. (iv) Sources Purchasers and other interested persons shall be provided annually with written in- formation on the sources of the power pro- vided by the utility, to the extent it can be determined, by type of generation, includ- ing greenhouse gas emissions associated with each type of generation, for intervals during which such information is available on a cost-effective basis. (C) Access Purchasers shall be able to access their own information at any time through the Internet and on other means of communica- tion elected by that utility for Smart Grid applications. Other interested persons shall be able to access information not specific to any purchaser through the Internet. Infor- mation specific to any purchaser shall be provided solely to that purchaser. (20) Demand-response practices (A) In general Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and in- dustrial consumers to reduce electricity con- sumption during periods of unusually high demand. (B) Rate recovery (i) In general Each State regulatory authority shall consider establishing rate mechanisms al- lowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accord- ance with subparagraph (A). (ii) Nonregulated electric utilities A nonregulated electric utility may es- tablish rate mechanisms for the timely re- covery of the costs of promoting demand- response and demand flexibility practices in accordance with subparagraph (A). (21) Electric vehicle charging programs Each State shall consider measures to pro- mote greater electrification of the transpor- tation sector, including the establishment of rates that— (A) promote affordable and equitable elec- tric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure; (B) improve the customer experience asso- ciated with electric vehicle charging, includ- ing by reducing charging times for light-, medium-, and heavy-duty vehicles; (C) accelerate third-party investment in electric vehicle charging for light-, medium- , and heavy-duty vehicles; and (D) appropriately recover the marginal costs of delivering electricity to electric ve- hicles and electric vehicle charging infra- structure. (Pub. L. 95–617, title I, § 111, Nov. 9, 1978, 92 Stat. 3121; Pub. L. 102–486, title I, § 111(a), (b), title VII, § 712, Oct. 24, 1992, 106 Stat. 2795, 2910; Pub. L. 109–58, title XII, §§ 1251(a), 1252(a), 1254(a), Aug. 8, 2005, 119 Stat. 962, 963, 970; Pub. L. 110–140, title V, § 532(a), title XIII, § 1307(a), Dec. 19, 2007, 121 Stat. 1665, 1791; Pub. L. 111–5, div. A, title IV, § 408(a), Feb. 17, 2009, 123 Stat. 146; Pub. L. 117–58, div. D, title I, § 40104(a)(1), title IV, § 40431(a), Nov. 15, 2021, 135 Stat. 930, 1047.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), 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 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 as affecting or intending to af- fect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title. WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. 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, § 111(e), Oct. 24, 1992, 106 Stat. 2796, provided that: ‘‘Not later than 2 years after the date of the enactment of this Act [Oct. 24, 1992], the Secretary shall transmit a report to the President and to the Congress containing— ‘‘(1) a survey of all State laws, regulations, prac- tices, and policies under which State regulatory au- thorities implement the provisions of paragraphs (7), (8), and (9) of section 111(d) of the Public Utility Reg- ulatory Policies Act of 1978 [16 U.S.C. 2621(d)(7)–(9)]; ‘‘(2) an evaluation by the Secretary of whether and to what extent, integrated resource planning is likely to result in— ‘‘(A) higher or lower electricity costs to an elec- tric utility’s ultimate consumers or to classes or groups of such consumers; ‘‘(B) enhanced or reduced reliability of electric service; and ‘‘(C) increased or decreased dependence on par- ticular energy resources; and ‘‘(3) a survey of practices and policies under which electric cooperatives prepare integrated resource plans, submit such plans to the Rural Electrification Administration and the extent to which such inte- grated resource planning is reflected in rates charged to customers. 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 utilities on small businesses 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 exist, or are likely to exist, from implementation of such programs.’’ [For provisions relating to further requirements as to subject matter contained in report under section 111(e) of Pub. L. 102–486, set out above, see section 115(e) of Pub. L. 102–486, set out as a note under section 3203 of Title 15, Commerce and Trade.] STUDY CONCERNING ELECTRIC RATES OF STATE UTILITY AGENCIES Pub. L. 95–617, title VI, § 601, Nov. 9, 1978, 92 Stat. 3164, directed the Secretary to conduct a study concerning the effects of provisions of Federal law on rates estab- lished by State utility agencies and to submit a report to Congress on the results of such study not later than 1 year after Nov. 9, 1978. § 2622. Obligations to consider and determine (a) Request for consideration and determination Each State regulatory authority (with respect to each electric utility for which it has rate- making authority) and each nonregulated elec- tric utility may undertake the consideration and make the determination referred to in sec- tion 2621 of this title with respect to any stand- ard established by section 2621(d) of this title in any proceeding respecting the rates of the elec- tric utility. Any participant or intervenor (in- cluding an intervenor referred to in section 2631 of this title) in such a proceeding may request, and shall obtain, such consideration and deter- mination in such proceeding. In undertaking such consideration and making such determina- tion in any such proceeding with respect to the application to any electric utility of any stand- ard established by section 2621(d) of this title, a State regulatory authority (with respect to an electric utility for which it has ratemaking au- thority) 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, with the requirements of this chapter; and (2) the evidence upon which such prior deter- mination was based (if such evidence is ref- erenced in such proceeding). (b) Time limitations (1) Not later than 2 years after November 9, 1978 (or after October 24, 1992, in the case of