16 U.S.C. § 2643 — Gathering information on costs of service

Page 2212 TITLE 16—CONSERVATION § 2643 (3) methods for determining cost of service; (4) any other data or information which the Secretary determines would assist such au- thorities and utilities in carrying out the pro- visions of this chapter; and (5) technologies, techniques, and rate-mak- ing methods related to advanced metering and communications and the use of these tech- nologies, techniques and methods in demand response programs. (b) Technical assistance The Secretary may provide such technical as- sistance as he determines appropriate to assist the State regulatory authorities in carrying out their responsibilities under subchapter II and as is requested by any State regulatory authority relating to the standards established by sub- chapter II. (c) Appropriations There are authorized to be appropriated to carry out the purposes of subsection (b) not to exceed $1,000,000 for each of the fiscal years 1979 and 1980. (d) Demand response The Secretary shall be responsible for— (1) educating consumers on the availability, advantages, and benefits of advanced metering and communications technologies, including the funding of demonstration or pilot projects; (2) working with States, utilities, other en- ergy providers and advanced metering and communications experts to identify and ad- dress barriers to the adoption of demand re- sponse programs; and (3) not later than 180 days after August 8, 2005, providing Congress with a report that identifies and quantifies the national benefits of demand response and makes a recommenda- tion on achieving specific levels of such bene- fits by January 1, 2007. (Pub. L. 95–617, title I, § 132, Nov. 9, 1978, 92 Stat. 3131; Pub. L. 109–58, title XII, § 1252(c), (d), Aug. 8, 2005, 119 Stat. 965.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(4), 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. AMENDMENTS 2005—Subsec. (a)(5). Pub. L. 109–58, § 1252(c), added par. (5). Subsec. (d). Pub. L. 109–58, § 1252(d), added subsec. (d). Statutory Notes and Related Subsidiaries DEMAND RESPONSE ASSISTANCE Pub. L. 109–58, title XII, § 1252(e), (f), Aug. 8, 2005, 119 Stat. 965, 966, provided that: ‘‘(e) DEMAND RESPONSE AND REGIONAL COORDINA- TION.— ‘‘(1) IN GENERAL.—It is the policy of the United States to encourage States to coordinate, on a re- gional basis, State energy policies to provide reliable and affordable demand response services to the pub- lic. ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary [of En- ergy] shall provide technical assistance to States and regional organizations formed by two or more States to assist them in— ‘‘(A) identifying the areas with the greatest de- mand response potential; ‘‘(B) identifying and resolving problems in trans- mission and distribution networks, including through the use of demand response; ‘‘(C) developing plans and programs to use de- mand response to respond to peak demand or emer- gency needs; and ‘‘(D) identifying specific measures consumers can take to participate in these demand response pro- grams. ‘‘(3) REPORT.—Not later than 1 year after the date of enactment of the Energy Policy Act of 2005 [Aug. 8, 2005], the [Federal Energy Regulatory] Commission shall prepare and publish an annual report, by appro- priate region, that assesses demand response re- sources, including those available from all consumer classes, and which identifies and reviews— ‘‘(A) saturation and penetration rate of advanced meters and communications technologies, devices and systems; ‘‘(B) existing demand response programs and time-based rate programs; ‘‘(C) the annual resource contribution of demand resources; ‘‘(D) the potential for demand response as a quan- tifiable, reliable resource for regional planning pur- poses; ‘‘(E) steps taken to ensure that, in regional trans- mission planning and operations, demand resources are provided equitable treatment as a quantifiable, reliable resource relative to the resource obliga- tions of any load-serving entity, transmission pro- vider, or transmitting party; and ‘‘(F) regulatory barriers to improve customer par- ticipation in demand response, peak reduction and critical period pricing programs. ‘‘(f) FEDERAL ENCOURAGEMENT OF DEMAND RESPONSE DEVICES.—It is the policy of the United States that time-based pricing and other forms of demand response, whereby electricity customers are provided with elec- tricity price signals and the ability to benefit by re- sponding to them, shall be encouraged, the deployment of such technology and devices that enable electricity customers to participate in such pricing and demand response systems shall be facilitated, and unnecessary barriers to demand response participation in energy, capacity and ancillary service markets shall be elimi- nated. It is further the policy of the United States that the benefits of such demand response that accrue to those not deploying such technology and devices, but who are part of the same regional electricity entity, shall be recognized.’’ § 2643. Gathering information on costs of service (a) Information required to be gathered Each electric utility shall periodically gather information under such rules (promulgated by the Commission) as the Commission determines necessary to allow determination of the costs associated with providing electric service. For purposes of this section, and for purposes of any consideration and determination respecting the standard established by section 2621(d)(2) of this title, such costs shall be separated, to the max- imum extent practicable, into the following components: customer cost component, demand cost component, and energy cost component. Rules under this subsection shall include re- quirements for the gathering of the following in- formation with respect to each electric utility— Page 2213 TITLE 16—CONSERVATION § 2645 (1) the costs of serving each electric con- sumer class, including costs of serving dif- ferent consumption patterns within such class, based on voltage level, time of use, and other appropriate factors; (2) daily kilowatt demand load curves for all electric consumer classes combined represent- ative of daily and seasonal differences in de- mand, and daily kilowatt demand load curves for each electric consumer class for which there is a separate rate, representative of daily and seasonal differences in demand; (3) annual capital, operating, and mainte- nance costs— (A) for transmission and distribution serv- ices, and (B) for each type of generating unit; and (4) costs of purchased power, including rep- resentative daily and seasonal differences in the amount of such costs. Such rules shall provide that information re- quired to be gathered under this section shall be presented in such categories and such detail as may be necessary to carry out the purposes of this section. (b) Commission rules The Commission shall, within 180 days after November 9, 1978, by rule, prescribe the methods, procedure, and format to be used by electric utilities in gathering the information described in this section. Such rules may provide for the exemption by the Commission of an electric utility or class of electric utilities from gath- ering all or part of such information, in cases where such utility or utilities show and the Commission finds, after public notice and oppor- tunity for the presentation of written data, views, and arguments, that gathering such infor- mation is not likely to carry out the purposes of this section. The Commission shall periodically review such findings and may revise such rules. (c) Filing and publication Not later than two years after November 9, 1978, and periodically, but not less frequently than every two years thereafter, each electric utility shall file with— (1) the Commission, and (2) any State regulatory authority which has ratemaking authority for such utility, the information gathered pursuant to this sec- tion and make such information available to the public in such form and manner as the Commis- sion shall prescribe. In addition, at the time of application for, or proposal of, any rate in- crease, each electric utility shall make such in- formation available to the public in such form and manner as the Commission shall prescribe. The two-year period after November 9, 1978, specified in this subsection may be extended by the Commission for a reasonable additional pe- riod in the case of any electric utility for good cause shown. (d) Enforcement For purposes of enforcement, any violation of a requirement of this section shall be treated as a violation of a provision of the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.] enforceable under section 12 of such Act [15 U.S.C. 797] (notwithstanding any ex- piration date in such Act) except that in apply- ing the provisions of such section 12 any ref- erence to the Federal Energy Administrator shall be treated as a reference to the Commis- sion. (Pub. L. 95–617, title I, § 133, Nov. 9, 1978, 92 Stat. 3132.) Editorial Notes REFERENCES IN TEXT The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (d), is Pub. L. 93–319, June 22, 1974, 88 Stat. 246, which is classified principally to chapter 16C (§ 791 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 791 of Title 15 and Tables. § 2644. Relationship to other authority Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law. (Pub. L. 95–617, title I, § 134, Nov. 9, 1978, 92 Stat. 3133.) 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. § 2645. Utility regulatory institute (a) Matching grants The Secretary may make grants under this section to an institute established by the Na- tional Association of Regulatory Utility Com- missioners to enable such institute to— (1) conduct research on electric and gas util- ity regulatory policy issues, (2) develop data processing and retrieval methods for electric and gas utility rate- making, and (3) perform other functions directly related to assisting State regulatory authorities in carrying out their functions under State law and this Act. (b) Federal share Grants under this section shall not be used to provide more than the following percentages of the cost to the institute of carrying out the ac- tivities specified in subsection (a): (1) 80 percent for the fiscal year 1979; and (2) 60 percent for the fiscal year 1980. The remaining amounts expended by the insti- tute may not be provided from Federal sources. (c) Restrictions Grants under this section may not be made subject to terms and conditions other than those the Secretary deems necessary for purposes of administering this section and for purposes of assuring that—