42 U.S.C. § 6802 — Definitions

Page 6890 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6802 § 6802. Definitions As used in this subchapter: (1) The term ‘‘Secretary’’ means the Sec- retary of Energy. (2) The term ‘‘electric utility’’ means any person, State agency, or Federal agency which sells electric energy. (3) The term ‘‘Federal agency’’ means any agency or instrumentality of the United States. (4) The term ‘‘State agency’’ means a State, political subdivision thereof, or any agency or instrumentality of either. (5) The term ‘‘State utility regulatory com- mission’’ means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority. (6) The term ‘‘State’’ means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (7) The term ‘‘utility regulatory commis- sion’’ means any State agency or Federal agency which has authority to fix, modify, ap- prove, or disapprove rates for the sale of elec- tric energy by any electric utility (other than by such agency). (Pub. L. 94–385, title II, § 202, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134; Pub. L. 105–388, § 5(b)(2), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes AMENDMENTS 1998—Par. (1). Pub. L. 105–388 made technical amend- ment by striking heading and designation which had been inserted by Pub. L. 95–617. 1978—Par. (1). Pub. L. 95–617 substituted ‘‘The term ‘Secretary’ means the Secretary of Energy’’ for ‘‘The term ‘Administrator’ means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this subchapter’’. § 6803. Development of electric utility rate design proposals by Secretary; contents; submission to Congress; supporting analysis (a) The Secretary shall develop proposals to improve electric utility rate design. Such pro- posals shall be designed to encourage energy conservation, minimize the need for new elec- trical generating capacity, and minimize costs of electric energy to consumers, and shall in- clude (but not be limited to) proposals which provide for the development and implementa- tion of— (1) load management techniques which are cost effective; (2) rates which reflect marginal cost of serv- ice, or time of use of service, or both; (3) ratemaking policies which discourage in- efficient use of fuel and encourage economical purchases of fuel; and (4) rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric util- ity equipment. (b) The proposals prepared under subsection (a) shall be transmitted to each House of Con- gress not later than 6 months after August 14, 1976, for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of— (1) the projected savings (if any) in consump- tion of petroleum products, natural gas, elec- tric energy, and other energy resources, (2) the reduction (if any) in the need for new electrical generating capacity, and of the de- mand for capital by the electric utility indus- try, and (3) changes (if any) in the cost of electric en- ergy to consumers, which are likely to result from the implementa- tion nationally of each of the proposals trans- mitted under this subsection. (Pub. L. 94–385, title II, § 203, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–617 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration. § 6804. Funding, administrative, and judicial au- thorities of Secretary The Secretary may— (1) fund (A) demonstration projects to im- prove electric utility load management proce- dures and (B) regulatory rate reform initia- tives, (2) on request of a State, a utility regulatory commission, or of any participant in any pro- ceeding before a State utility regulatory com- mission which relates to electric utility rates or rate design, intervene and participate in such proceeding, and (3) on request of any State, utility regu- latory commission, or party to any action to obtain judicial review of an administrative proceeding in which the Secretary intervened or participated under paragraph (2), intervene and participate in such action. (Pub. L. 94–385, title II, § 204, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration in two places. § 6805. Grants for State consumer protection of- fices by Secretary (a) Establishment, operation, and purpose; quali- fications for funds The Secretary may make grants to States, or otherwise as provided in subsection (c), under this section to provide for the establishment and operation of offices of consumer services to as- sist consumers in their presentations before utility regulatory commissions. Any assistance provided under this section shall be provided only for an office of consumer services which is