16 USC 2621 - Consideration and determination respecting certain ratemaking standards

1 See References in Text note below.

of title 15) of capital structures which employ proportionally greater amounts of debt than the capital structures of such utilities threatens reliability or provides an unfair advantage for exempt wholesale generators over such utilities;

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title I (§ 101 et seq.) of Puspan. 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.

Section 79z–5a of title 15, referred to in subsec. (d)(10)(A)(ii), was repealed by Puspan. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974.

Amendments

2021—Subsec. (d)(20). Puspan. L. 117–58, § 40104(a)(1), added par. (20).

Subsec. (d)(21). Puspan. L. 117–58, § 40431(a), added par. (21).

2009—Subsec. (d)(16) to (19). Puspan. L. 111–5 redesignated par. (16) relating to consideration of smart grid investments as (18) and par. (17) relating to smart grid information as (19).

2007—Subsec. (d)(16), (17). Puspan. L. 110–140, § 1307(a), added pars. (16) and (17) relating to consideration of smart grid investments and smart grid information, respectively.

Puspan. L. 110–140, § 532(a), added pars. (16) and (17) relating to integrated resource planning and rate design modifications to promote energy efficiency investments, respectively.

2005—Subsec. (d)(11) to (13). Puspan. L. 109–58, § 1251(a), added pars. (11) to (13).

Subsec. (d)(14). Puspan. L. 109–58, § 1252(a), added par. (14).

Subsec. (d)(15). Puspan. L. 109–58, § 1254(a), added par. (15).

1992—Subsec. (c)(3). Puspan. L. 102–486, § 111(span), added par. (3).

Subsec. (d)(7) to (9). Puspan. L. 102–486, § 111(a), added pars. (7) to (9).

Subsec. (d)(10). Puspan. L. 102–486, § 712, added par. (10).

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

State Authorities; Construction

Nothing in amendment by section 712 of Puspan. L. 102–486 to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Puspan. L. 102–486, set out as a note under section 796 of this title.

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 Puspan. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Report to President and Congress on Encouragement of Integrated Resource Planning and Investments in Conservation and Energy Efficiency by Electric Utilities

Puspan. L. 102–486, title I, § 111(e), Oct. 24, 1992, 106 Stat. 2796, provided that:

“Not later than 2 years after the date of the enactment of this Act [Oct. 24, 1992], the Secretary shall transmit a report to the President and to the Congress containing—

“(1) a survey of all State laws, regulations, practices, and policies under which State regulatory authorities implement the provisions of paragraphs (7), (8), and (9) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 [16 U.S.C. 2621(d)(7)–(9)];

“(2) an evaluation by the Secretary of whether and to what extent, integrated resource planning is likely to result in—

“(A) higher or lower electricity costs to an electric utility’s ultimate consumers or to classes or groups of such consumers;

“(B) enhanced or reduced reliability of electric service; and

“(C) increased or decreased dependence on particular energy resources; and

“(3) a survey of practices and policies under which electric cooperatives prepare integrated resource plans, submit such plans to the Rural Electrification Administration and the extent to which such integrated resource planning is reflected in rates charged to customers.

The report shall include an analysis prepared in conjunction with the Federal Trade Commission, of the competitive impact of implementation of energy conservation, energy efficiency, and other demand side management programs by utilities on small businesses engaged in the design, sale, supply, installation, or servicing of similar energy conservation, energy efficiency, or other demand side management measures and whether any unfair, deceptive, or predatory acts exist, or are likely to exist, from implementation of such programs.”

[For provisions relating to further requirements as to subject matter contained in report under section 111(e) of Puspan. L. 102–486, set out above, see section 115(e) of Puspan. L. 102–486, set out as a note under section 3203 of Title 15, Commerce and Trade.]

Study Concerning Electric Rates of State Utility Agencies

Puspan. L. 95–617, title VI, § 601, Nov. 9, 1978, 92 Stat. 3164, directed the Secretary to conduct a study concerning the effects of provisions of Federal law on rates established by State utility agencies and to submit a report to Congress on the results of such study not later than 1 year after Nov. 9, 1978.