16 U.S.C. § 2631 — Intervention in proceedings

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