16 U.S.C. § 2634 — Prior and pending proceedings

Page 2211 TITLE 16—CONSERVATION § 2642 (3) In addition to his authority to obtain re- view under paragraph (1) or (2), the Secretary may also participate as an amicus curiae in any review by any court of an action arising under the provisions of subchapter I or II or this sub- chapter. (d) Other authority of Secretary Nothing in this section prohibits the Sec- retary from— (1) intervening and participating in any pro- ceeding, or (2) intervening and participating in any re- view by any court of any action under section 6804 of title 42. (Pub. L. 95–617, title I, § 123, Nov. 9, 1978, 92 Stat. 3130.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), 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. § 2634. Prior and pending proceedings For purposes of subchapters I and II, and this subchapter, proceedings commenced by State regulatory authorities (with respect to electric utilities for which it has ratemaking authority) and nonregulated electric utilities before No- vember 9, 1978, and actions taken before such date in such proceedings shall be treated as complying with the requirements of subchapters I and II, and this subchapter if such proceedings and actions substantially conform to such re- quirements. For purposes of subchapters I and II, and this subchapter, any such proceeding or action commenced before November 9, 1978, but not completed before such date, shall comply with the requirements of subchapters I and II, and this subchapter, to the maximum extent practicable, with respect to so much of such pro- ceeding or action as takes place after such date, except as otherwise provided in section 2631(c) of this title. In the case of each standard estab- lished by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference con- tained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of each standard established by para- graph (15) of section 2621(d) of this title, the ref- erence contained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standard established by paragraph (20) of section 2621(d) of this title, the reference contained in this section to November 9, 1978, shall be deemed to be a reference to No- vember 15, 2021. In the case of the standard es- tablished by paragraph (21) of section 2621(d) of this title, the reference contained in this section to November 9, 1978, shall be deemed to be a ref- erence to November 15, 2021. (Pub. L. 95–617, title I, § 124, Nov. 9, 1978, 92 Stat. 3131; Pub. L. 109–58, title XII, §§ 1251(b)(3)(B), 1252(i)(2), 1254(b)(3)(B), Aug. 8, 2005, 119 Stat. 963, 967, 971; Pub. L. 117–58, div. D, title I, § 40104(a)(2)(C)(ii), title IV, § 40431(b)(3)(B), Nov. 15, 2021, 135 Stat. 932, 1048.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, § 40431(b)(3)(B), inserted at end ‘‘In the case of the standard established by paragraph (21) of section 2621(d) of this title, the reference con- tained in this section to November 9, 1978, shall be deemed to be a reference to November 15, 2021.’’ Pub. L. 117–58, § 40104(a)(2)(C)(ii), substituted ‘‘this section’’ for ‘‘this subsection’’ wherever appearing and inserted at end ‘‘In the case of the standard established by paragraph (20) of section 2621(d) of this title, the ref- erence contained in this section to November 9, 1978, shall be deemed to be a reference to November 15, 2021.’’ 2005—Pub. L. 109–58, § 1254(b)(3)(B), inserted at end ‘‘In the case of each standard established by paragraph (15) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.’’ Pub. L. 109–58, § 1252(i)(2), inserted at end ‘‘In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference contained in this sub- section to November 9, 1978, shall be deemed to be a ref- erence to August 8, 2005.’’ Pub. L. 109–58, § 1251(b)(3)(B), inserted at end ‘‘In the case of each standard established by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.’’ Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS § 2641. Voluntary guidelines The Secretary may prescribe voluntary guide- lines respecting the standards established by sections 2621(d) and 2623(b) of this title. Such guidelines may not expand the scope or legal ef- fect of such standards or establish additional standards respecting electric utility rates. (Pub. L. 95–617, title I, § 131, Nov. 9, 1978, 92 Stat. 3131.) § 2642. Responsibilities of Secretary (a) Authority The Secretary may periodically notify the State regulatory authorities, and electric utili- ties identified pursuant to section 2612(c) of this title, of— (1) load management techniques and the re- sults of studies and experiments concerning load management techniques; (2) developments and innovations in electric utility ratemaking throughout the United States, including the results of studies and ex- periments in rate structure and rate reform;