15 U.S.C. § 3201 — Purposes; coverage

Page 1994 TITLE 15—COMMERCE AND TRADE § 3201 1 So in original. The comma probably should not appear. 2 So in original. A comma probably should appear. § 3201. Purposes; coverage (a) Purposes The purposes of this chapter are to encour- age— (1) conservation of energy supplied by gas utilities; (2) the optimization of the efficiency of use of facilities and resources by gas utility sys- tems; and (3) equitable rates to gas consumers of nat- ural gas. (b) Volume of total retail sales This chapter applies to each gas utility in any calendar year, and to each proceeding relating to each gas utility in such year, if the total sales of natural gas by such utility for purposes other than resale exceeded 10 billion cubic feet during any calendar year beginning after De- cember 31, 1975, and before the immediately pre- ceding calendar year. (c) Exclusion of wholesale sales The requirements of this chapter do not apply to the operations of a gas utility, or to pro- ceedings respecting such operations, to the ex- tent that such operations or proceedings relate to sales of natural gas for purposes of resale. (d) List of covered utilities Before the beginning of each calendar year, the Secretary shall publish a list identifying each gas utility to which this chapter applies during such calendar year. Promptly after publi- cation of such list, each State regulatory au- thority shall notify the Secretary of each gas utility on the list for which such State regu- latory authority has ratemaking authority. (Pub. L. 95–617, title III, § 301, Nov. 9, 1978, 92 Stat. 3149.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section. § 3202. Definitions For purposes of this chapter— (1) The term ‘‘gas consumer’’ means any per- son, State agency, or Federal agency, to which natural gas is sold other than for purposes of resale. (2) The term ‘‘gas utility’’ means any person, State agency, or Federal agency, engaged in the local distribution of natural gas, and the sale of natural gas to any ultimate consumer of natural gas. (3) The term ‘‘State regulated gas utility’’ means any gas utility with respect to which a State regulatory authority has ratemaking authority. (4) The term ‘‘nonregulated gas utility’’ means any gas utility other than a State regu- lated gas utility. (5) The term ‘‘rate’’ means any (A) price, rate, charge, or classification made, de- manded, observed, or received with respect to sale of natural gas to a gas consumer, (B) any rule, regulation, or practice respecting any such rate, charge, or classification, and (C) any contract pertaining to the sale of natural gas to a gas consumer. (6) The term ‘‘ratemaking authority’’ means authority to fix, modify, approve, or dis- approve rates. (7) The term ‘‘sale’’ when used with respect to natural gas, includes an exchange of nat- ural gas. (8) The term ‘‘State regulatory authority’’ means any State agency which has rate- making authority with respect to the sale of natural gas by any gas utility (other than by such State agency). (9) The term ‘‘integrated resource planning’’ means, in the case of a gas utility, planning by the use of any standard, regulation, practice, or policy to undertake a systematic compari- son between demand-side management meas- ures and the supply of gas by a gas utility to minimize life-cycle costs of adequate and reli- able utility services to gas consumers. Inte- grated resource planning shall take into ac- count necessary features for system operation such as diversity, reliability, dispatchability, and other factors of risk and shall treat de- mand and supply to gas consumers on a con- sistent and integrated basis. (10) The term ‘‘demand-side management’’ includes energy conservation, energy effi- ciency, and load management techniques. (Pub. L. 95–617, title III, § 302, Nov. 9, 1978, 92 Stat. 3150; Pub. L. 102–486, title I, § 115(a), Oct. 24, 1992, 106 Stat. 2803.) Editorial Notes AMENDMENTS 1992—Pars. (9), (10). Pub. L. 102–486 added pars. (9) and (10). Statutory Notes and Related Subsidiaries ADDITIONAL DEFINITIONS Except as otherwise specifically provided, the defini- tions in section 2602 of Title 16, Conservation, apply to this chapter. § 3203. Adoption of certain standards (a) Adoption of standards Not later than 2 years after November 9, 1978 (or after October 24, 1992, in the case of stand- ards under paragraphs (3),1 and (4) of subsection (b)), each State regulatory authority (with re- spect to each gas utility for which it has rate- making authority) and each nonregulated gas utility shall provide public notice and conduct a hearing respecting the standards established by subsection (b), and, on the basis of such hearing, shall— (1) adopt the standard established by sub- section (b)(1), if, and to the extent, such au- thority or nonregulated utility determines that such adoption is appropriate and is con- sistent with otherwise applicable State law, and (2) adopt the standards established by para- graphs (2), (3) 2 (4), (5), and (6) of subsection (b), if, and to the extent, such authority or non-