42 U.S.C. § 8235e — Authority of Federal Energy Regulatory

Page 7545 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8235e type residential energy efficiency program if the plan is approved under subsection (a). (d) Limitation The Secretary may approve under subsection (a) not more than 4 plans for the establishment of prototype residential energy efficiency pro- grams. (Pub. L. 95–619, title II, § 262, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 746.) § 8235b. Applications for approval of plans for prototype residential energy efficiency pro- grams Each application for the approval of a plan under section 8235a(a) of this title for the estab- lishment of a prototype residential energy effi- ciency program shall be submitted by a State or local government and shall include, at least— (1) a description of the plan, including the provisions of the plan specified in section 8235a(a) of this title and a description of the portion of the service area of the public utility proposing to enter into a contract under sec- tion 8235a(a)(1) of this title which is des- ignated under the contract; (2) a description of the manner in which the provisions of the plan specified in section 8235a(a) of this title are to be met; (3) a description of the contract to be en- tered into pursuant to section 8235a(a)(1) of this title and the manner in which the require- ments of the contract contained in section 8235a(b) of this title are to be met; (4) the record of the public hearing con- ducted pursuant to section 8235c(a)(2) of this title; and (5) any other information determined by the Secretary to be necessary to carry out this part. (Pub. L. 95–619, title II, § 263, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 748.) § 8235c. Approval of applications for plans for prototype residential energy efficiency pro- grams (a) Approval requirements The Secretary may approve an application submitted under section 8235b of this title for a plan establishing a prototype residential energy efficiency program only if— (1) the application is approved in writing— (A) by the public utility which is to enter into the contract under the plan; (B) by the State regulatory authority hav- ing ratemaking authority over such public utility, in the case of a regulated utility; and (C) by the Governor (or any State agency specifically authorized under State law to approve such plans) of the State whose gov- ernment is submitting the application (if the application is submitted by a State govern- ment) or of the State in which the local gov- ernment is located (if the application is sub- mitted by a local government); and (2) the application has been published, a pub- lic hearing on the application has been con- ducted, after notice to the public, at which representatives of the public utility which is to enter into the contract under the plan, per- sons engaged in the supply or installation of residential energy conservation measures, and members of the public (including ratepayers of such public utility and other interested indi- viduals) had an opportunity to provide com- ment on the application, and any amendments to the application, which may be made to take into account the proceedings of the hearing, are made. (b) Factors in approving applications The Secretary shall take into consideration in approving an application under subsection (a) for a plan establishing a prototype residential energy efficiency program— (1) the potential for energy savings from the demonstration of the program; (2) the likelihood that the value of the en- ergy saved by public utilities under the pro- gram will be sufficient to cover the estimated cost of the energy conservation measures to be supplied and installed under the program; (3) the anticipated effects of the program on competition in the portion of the service area of the public utility designated in the contract entered into under the plan; and (4) such other factors as the Secretary deter- mines are appropriate. (Pub. L. 95–619, title II, § 264, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 748.) § 8235d. Rules and regulations (a) Proposed rules and regulations The Secretary shall issue proposed rules and regulations to carry out this part not later than 120 days after June 30, 1980. (b) Final rules and regulations The Secretary shall issue final rules and regu- lations to carry out this part not later than 90 days after the issuance of proposed rules and regulations under subsection (a). (Pub. L. 95–619, title II, § 265, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 749.) § 8235e. Authority of Federal Energy Regulatory Commission to exempt application of certain laws The Federal Energy Regulatory Commission may exempt from any provisions in sections 4, 5, and 7 of the Natural Gas Act (15 U.S.C. 717c, 717d, and 717f) and titles II and IV of the Natural Gas Policy Act of 1978 (15 U.S.C. 3341 through 3348 and 3391 through 3394) the sale or transpor- tation, by any public utility, local distribution company, interstate or intrastate pipeline, or any other person, of any natural gas which is de- termined (in the case of a regulated utility, company, pipeline, or person) by the State regu- latory authority having rate-making authority over such utility, company, pipeline, or person, or (in the case of a nonregulated utility, com- pany, pipeline, or person) by such utility, com- pany, pipeline, or person, to have been conserved because of a prototype residential energy effi- ciency program which is established under a plan approved under section 8235a(a) of this title, if the Commission determines that such Page 7546 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8235f 1 See References in Text note below. exemption is necessary to make feasible the demonstration of such prototype residential en- ergy efficiency program. (Pub. L. 95–619, title II, § 266, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 749; amended Pub. L. 105–388, § 5(c)(4), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes REFERENCES IN TEXT The Natural Gas Policy Act of 1978, referred to in text, is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350. Title II of the Natural Gas Policy Act of 1978 was classified generally to subchapter II (§ 3341 et seq.) of chapter 60 of Title 15, Commerce and Trade, prior to its repeal by Pub. L. 100–42, § 2(a), May 21, 1987, 101 Stat. 314. Title IV of the Natural Gas Policy Act of 1978 is classified gen- erally to subchapter IV (§ 3391 et seq.) of chapter 60 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables. AMENDMENTS 1998—Pub. L. 105–388 substituted ‘‘(15 U.S.C. 717c’’ for ‘‘(17 U.S.C. 717c’’. § 8235f. Application of other laws (a) Lack of immunity No provision contained in this part— (1) shall restrict any agency of the United States or any State from exercising its powers under any law to prevent unfair methods of competition and unfair or deceptive acts or practices; (2) shall provide to any person any immunity from civil or criminal liability; (3) shall create any defenses to actions brought under the antitrust laws; or (4) shall modify or abridge any private right of action under the antitrust laws. (b) Utility programs under part A Any public utility entering into a contract under a plan for the establishment of a proto- type residential energy efficiency program ap- proved under section 8235a(a) of this title shall not be required to carry out, with respect to any residential building located in the portion of the utility’s service area designated in the contract, the actions required to be contained in such utility’s program by subsections (a) and (b) of section 8216 1 of this title, if the contract re- quires such actions (or equivalent actions as de- termined by the Secretary) to be taken. (c) ‘‘Antitrust laws’’ defined For purposes of this section, the term ‘‘anti- trust laws’’ means— (1) the Sherman Act (15 U.S.C. 1 et seq.); (2) the Clayton Act (15 U.S.C. 12 et seq.); (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9); and (5) sections 2, 3, and 4 of the Act entitled ‘‘An Act to amend section 2 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914, as amended (U.S.C., title 15, sec. 13), and for other purposes’’ approved June 19, 1936 (15 U.S.C. 21a, 13a, and 13b, commonly known as the Robinson-Patman Antidiscrimination Act). (Pub. L. 95–619, title II, § 267, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 749.) Editorial Notes REFERENCES IN TEXT Section 8216 of this title, referred to in subsec. (b), was omitted from the Code pursuant to section 8229 of this title, which terminated authority under that sec- tion June 30, 1989. The Sherman Act (15 U.S.C. 1 et seq.), referred to in subsec. (c)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1 of Title 15 and Tables. The Clayton Act (15 U.S.C. 12 et seq.), referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classi- fication of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred to in subsec. (c)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to sub- chapter I (§ 41 et seq.) of chapter 2 of Title 15. For com- plete classification of this Act to the Code, see section 58 of Title 15 and Tables. § 8235g. Records and reports (a) Records Each State and local government submitting any application for a plan which is approved under section 8235a(a) of this title, and each pub- lic utility and person or persons entering into a contract under such a plan, shall keep such records and make such reports as the Secretary may require. The Secretary and the Comptroller General of the United States shall have access, at reasonable times and under reasonable condi- tions, to any books, documents, papers, records, and reports of each such State and local govern- ment, utility, and person or persons which the Secretary determines, in consultation with the Comptroller General of the United States, are pertinent to this part. (b) Reports The Secretary shall make an annual report to the President on the activities carried out under this part which shall be submitted to the Con- gress with the annual report on the activities of the Department of Energy required by section 7267 of this title and which shall contain— (1) an estimate of the total amount of en- ergy saved as a result of the activities carried out under this part; (2) an estimate of the annual savings in en- ergy anticipated as a result of each prototype residential energy efficiency program estab- lished under a plan approved under section 8235a(a) of this title; (3) an analysis, developed in consultation with the Federal Trade Commission and the Department of Justice, of the impact on com- petition of each prototype residential energy efficiency program established under a plan