16 U.S.C. § 2626 — Reports respecting standards

Page 2208 TITLE 16—CONSERVATION § 2626 (g) Procedures for termination of electric service The procedures for termination of service re- ferred to in section 2623(b)(4) of this title are procedures prescribed by the State regulatory authority (with respect to electric utilities for which it has ratemaking authority) or by the nonregulated electric utility which provide that— (1) no electric service to an electric con- sumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dis- pute the reasons for such termination, and (2) during any period when termination of service to an electric consumer would be espe- cially dangerous to health, as determined by the State regulatory authority (with respect to an electric utility for which it has rate- making authority) or nonregulated electric 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. (h) Advertising (1) For purposes of this section and section 2623(b)(5) of this title— (A) The term ‘‘advertising’’ means the com- mercial use, by an electric utility, of any media, including 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 electric con- sumers. (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 an electric utility or the selection or installation of any appli- ance or equipment designed to use such util- ity’s service. (2) For purposes of this subsection and section 2623(b)(5) of this title, the terms ‘‘political ad- vertising’’ and ‘‘promotional advertising’’ do not include— (A) advertising which informs electric con- sumers how they can conserve energy or can reduce peak demand for electric energy, (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, (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 notifica- tions of hearings thereon. (i) Time-based metering and communications In making a determination with respect to the standard established by section 2621(d)(14) of this title, the investigation requirement of sec- tion 2621(d)(14)(F) of this title shall be as fol- lows: Each State regulatory authority shall con- duct an investigation and issue a decision whether or not it is appropriate for electric util- ities to provide and install time-based meters and communications devices for each of their customers which enable such customers to par- ticipate in time-based pricing rate schedules and other demand response programs. (Pub. L. 95–617, title I, § 115, Nov. 9, 1978, 92 Stat. 3125; Pub. L. 109–58, title XII, § 1252(b), Aug. 8, 2005, 119 Stat. 965.) Editorial Notes REFERENCES IN TEXT The National Energy Conservation Policy Act, re- ferred to in subsec. (h)(2)(B), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3206. 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. AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58, § 1252(b)(1), (2), in- serted ‘‘and the standard for time-based metering and communications established by section 2621(d)(14) of this title’’ after ‘‘section 2621(d)(3) of this title’’ and substituted ‘‘metering and communications costs’’ for ‘‘metering costs’’. Subsec. (i). Pub. L. 109–58, § 1252(b)(3), added subsec. (i). § 2626. Reports respecting standards (a) State authorities and nonregulated utilities Not later than one year after November 9, 1978, and annually thereafter for ten years, each State regulatory authority (with respect to each State regulated electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards es- tablished by sections 2621(d) and 2623(b) of this title. Such report shall include a summary of the determinations made and actions taken with respect to each such standard on a utility-by- utility basis. (b) Secretary Not later than eighteen months after Novem- ber 9, 1978, and annually thereafter for ten years, the Secretary shall submit a report to the Presi- dent and the Congress containing— (1) a summary of the reports submitted under subsection (a), (2) his analysis of such reports, and Page 2209 TITLE 16—CONSERVATION § 2632 (3) his actions under this chapter, and his recommendations for such further Federal ac- tions, including any legislation, regarding re- tail electric utility rates (and other practices) as may be necessary to carry out the purposes of this chapter. (Pub. L. 95–617, title I, § 116, Nov. 9, 1978, 92 Stat. 3128.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(3), 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. § 2627. Relationship to State law (a) Revenue and rate of return Nothing in this chapter shall authorize or re- quire the recovery by an electric utility of reve- nues, or of a rate of return, in excess of, or less than, the amount of revenues or the rate of re- turn determined to be lawful under any other provision of law. (b) State authority Nothing in this chapter prohibits any State regulatory authority or nonregulated electric utility from adopting, pursuant to State law, any standard or rule affecting electric utilities which is different from any standard established by this subchapter. (c) Federal agencies With respect to any electric utility which is a Federal agency, and with respect to the Ten- nessee Valley Authority when it is treated as a State regulatory authority as provided in sec- tion 2602(17) of this title, any reference in sec- tion 2621 or 2623 of this title to State law shall be treated as a reference to Federal law. (Pub. L. 95–617, title I, § 117, Nov. 9, 1978, 92 Stat. 3128.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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 classification of title I to the Code, see Tables. SUBCHAPTER III—INTERVENTION AND JUDICIAL REVIEW § 2631. Intervention in proceedings (a) Authority to intervene and participate In order to initiate and participate in the con- sideration of one or more of the standards estab- lished 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 re- lating 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 relat- ing 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. (Pub. L. 95–617, title I, § 121, Nov. 9, 1978, 92 Stat. 3128.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. § 2632. Consumer representation (a) Compensation for costs of participation or intervention (1) If no alternative means for assuring rep- resentation of electric consumers is adopted in accordance with subsection (b) and if an electric consumer of an electric utility substantially contributed to the approval, in whole or in part, of a position advocated by such consumer in a proceeding concerning such utility, and relating to any standard set forth in subchapter II, such utility shall be liable to compensate such con- sumer (pursuant to paragraph (2)) for reasonable attorneys’ fees, expert witness fees, and other reasonable costs incurred in preparation and ad- vocacy of such position in such proceeding (in- cluding fees and costs of obtaining judicial re- view of any determination made in such pro- ceeding with respect to such position). (2) A consumer entitled to fees and costs under paragraph (1) may collect such fees and costs from an electric utility by bringing a civil ac- tion in any State court of competent jurisdic- tion, unless the State regulatory authority (in the case of a proceeding concerning a State reg- ulated electric utility) or nonregulated electric utility (in the case of a proceeding concerning