Title 16 — ConservationRelease 119-73
§2622 Obligations to consider and determine
Title 16 › Chapter CHAPTER 46— - PUBLIC UTILITY REGULATORY POLICIES › Subchapter SUBCHAPTER II— - STANDARDS FOR ELECTRIC UTILITIES › § 2622
Summary
State regulators and nonregulated electric utilities must look at and decide whether to apply each of the safety and reliability standards when they set utility rates. Any party in a rate case can ask for that review and must get it. Regulators can rely on earlier decisions about a standard if those decisions were made after Nov 9, 1978, or if they were made earlier but meet the chapter’s rules. They can also use the evidence from those earlier decisions if it is put into the current case. There are specific deadlines for starting and finishing these reviews. For standards tied to Nov 9, 1978, review must start within 2 years and finish within 3 years of that date. For standards in paragraphs (7)–(9) the dates are Oct 24, 1992. For paragraphs (11)–(13) the dates are Aug 8, 2005 (start within 2 years, finish within 3). For paragraph (14) and (15) the dates are Aug 8, 2005 (start within 1 year, finish within 2). For paragraphs (16)–(19) the dates are Dec 19, 2007 (start within 1 year, finish within 2). For paragraphs (20) and (21) the dates are Nov 15, 2021 (start within 1 year, finish within 2). If a regulator missed those deadlines, the review must happen in the first rate case that starts after the three-year cutoff for the same date for that standard. The start-and-finish rules do not apply if, before the listed date, the State already put the standard (or a similar one) in place, held a proceeding about it, or the legislature voted on it; for some standards a prior proceeding or legislative vote only counts if it happened within the 3 years before the listed date.
Full Legal Text
Title 16, §2622
Conservation — Source: USLM XML via OLRC
(a)Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility may undertake the consideration and make the determination referred to in section 2621 of this title with respect to any standard established by section 2621(d) of this title in any proceeding respecting the rates of the electric utility. Any participant or intervenor (including an intervenor referred to in section 2631 of this title) in such a proceeding may request, and shall obtain, such consideration and determination in such proceeding. In undertaking such consideration and making such determination in any such proceeding with respect to the application to any electric utility of any standard established by section 2621(d) of this title, a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or nonregulated electric utility may take into account in such proceeding—
(1)any appropriate prior determination with respect to such standard—
(A)which is made in a proceeding which takes place after November 9, 1978, or
(B)which was made before such date (or is made in a proceeding pending on such date) and complies, as provided in section 2634 of this title, with the requirements of this chapter; and
(2)the evidence upon which such prior determination was based (if such evidence is referenced in such proceeding).
(b)(1)Not later than 2 years after November 9, 1978 (or after October 24, 1992, in the case of standards under paragraphs (7), (8), and (9) of section 2621(d) of this title), each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 2621 of this title, or set a hearing date for such consideration, with respect to each standard established by section 2621(d) of this title.
(2)Not later than three years after November 9, 1978 (or after October 24, 1992, in the case of standards under paragraphs (7), (8), and (9) of section 2621(d) of this title), each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 2621 of this title with respect to each standard established by section 2621(d) of this title.
(3)(A)Not later than 2 years after August 8, 2005, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 2621 of this title, or set a hearing date for such consideration, with respect to each standard established by paragraphs (11) through (13) of section 2621(d) of this title.
(B)Not later than 3 years after August 8, 2005, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 2621 of this title with respect to each standard established by paragraphs (11) through (13) of section 2621(d) of this title.
(4)(A)Not later than 1 year after August 8, 2005, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 2621 of this title, or set a hearing date for such consideration, with respect to the standard established by paragraph (14) of section 2621(d) of this title.
(B)Not later than 2 years after August 8, 2005, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 2621 of this title with respect to the standard established by paragraph (14) of section 2621(d) of this title.
(5)(A)Not later than 1 year after August 8, 2005, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 2621 of this title, or set a hearing date for consideration, with respect to the standard established by paragraph (15) of section 2621(d) of this title.
(B)Not later than two years after August 8, 2005, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 2621 of this title with respect to each standard established by paragraph (15) of section 2621(d) of this title.
(6)(A)Not later than 1 year after December 19, 2007, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 2621 of this title, or set a hearing date for consideration, with respect to the standards established by paragraphs (16) through (19) of section 2621(d) of this title.
(B)Not later than 2 years after December 19, 2007, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 2621 of this title with respect to each standard established by paragraphs (16) through (19) of section 2621(d) of this title.
(7)(A)Not later than 1 year after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 2621 of this title, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 2621(d) of this title.
(B)Not later than 2 years after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 2621 of this title with respect to the standard established by paragraph (20) of section 2621(d) of this title.
(8)(A)Not later than 1 year after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 2621 of this title, or set a hearing date for consideration, with respect to the standard established by paragraph (21) of section 2621(d) of this title.
(B)Not later than 2 years after November 15, 2021, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 2621 of this title with respect to the standard established by paragraph (21) of section 2621(d) of this title.
(c)Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall undertake the consideration, and make the determination, referred to in section 2621 of this title with respect to each standard established by section 2621(d) of this title in the first rate proceeding commenced after the date three years after November 9, 1978, respecting the rates of such utility if such State regulatory authority or nonregulated electric utility has not, before such date, complied with subsection (b)(2) with respect to such standard. 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. In the case of the standard established by paragraph (14) 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. In the case of the 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. In the case of the standards established by paragraphs (16) through (19) 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 December 19, 2007. In the case of the standard established by paragraph (20) 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 November 15, 2021. In the case of the standard established by paragraph (21) 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 November 15, 2021.
(d)Subsections (b) and (c) of this section shall not apply to the standards established by paragraphs (11) through (13) and paragraphs (16) through (19) of section 2621(d) of this title in the case of any electric utility in a State if, before August 8, 2005—
(1)the State has implemented for such utility the standard concerned (or a comparable standard);
(2)the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or
(3)the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.
(e)Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (14) of section 2621(d) of this title in the case of any electric utility in a State if, before August 8, 2005—
(1)the State has implemented for such utility the standard concerned (or a comparable standard);
(2)the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility within the previous 3 years; or
(3)the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility within the previous 3 years.
(f)Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (15) of section 2621(d) of this title in the case of any electric utility in a State if, before August 8, 2005—
(1)the State has implemented for such utility the standard concerned (or a comparable standard);
(2)the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or
(3)the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.
(g)Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 2621(d) of this title in the case of any electric utility in a State if, before November 15, 2021—
(1)the State has implemented for the electric utility the standard (or a comparable standard);
(2)the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
(3)the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
(h)Subsections (b) and (c) shall not apply to the standard established by paragraph (21) of section 2621(d) of this title in the case of any electric utility in a State if, before November 15, 2021—
(1)the State has implemented for the electric utility the standard (or a comparable standard);
(2)the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
(3)the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on November 15, 2021.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1)(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. Codification “October 24, 1992”, referred to in subsec. (b)(1), (2), was in the original “the enactment of the Comprehensive National Energy Policy Act”, and was translated as meaning the enactment of the Energy Policy Act of 1992, Pub. L. 102–486, to reflect the probable intent of Congress. The Comprehensive National Energy Policy Act was the original
Short Title
of H.R. 776, which was enacted into law on Oct. 24, 1992, as Pub. L. 102–486.
Amendments
2021—Subsec. (b)(7). Pub. L. 117–58, § 40104(a)(2)(A), added par. (7). Subsec. (b)(8). Pub. L. 117–58, § 40431(b)(1), added par. (8). Subsec. (c). Pub. L. 117–58, § 40431(b)(2), inserted at end “In the case of the standard established by paragraph (21) 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
November 15, 2021.” Pub. L. 117–58, § 40104(a)(2)(B)(i), substituted “
August 8, 2005. In the case of the 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. In the case of the standards established by paragraphs (16)” for “
August 8, 2005. In the case of the standards established by paragraphs (16)” and inserted at end “In the case of the standard established by paragraph (20) 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
November 15, 2021.” Subsec. (d). Pub. L. 117–58, § 40104(a)(2)(B)(ii), repealed Pub. L. 109–58, § 1254(b)(2). See 2005 Amendment note below. Subsec. (g). Pub. L. 117–58, § 40104(a)(2)(C)(i), added subsec. (g). Subsec. (h). Pub. L. 117–58, § 40431(b)(3)(A), added subsec. (h). 2009—Subsecs. (b)(6), (d). Pub. L. 111–5 substituted “(16) through (19)” for “(17) through (18)” wherever appearing. 2007—Subsec. (b)(6). Pub. L. 110–140, § 1307(b)(1), added par. (6). Subsec. (c). Pub. L. 110–140, § 1307(b)(2), inserted at end “In the case of the standards established by paragraphs (16) through (19) 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
December 19, 2007.” Subsec. (d). Pub. L. 110–140, § 1307(b)(3), inserted “and paragraphs (17) through (18)” before “of section 2621(d)” in introductory provisions. 2005—Subsec. (b)(3). Pub. L. 109–58, § 1251(b)(1), added par. (3). Subsec. (b)(4). Pub. L. 109–58, § 1252(g), added par. (4). Subsec. (b)(5). Pub. L. 109–58, § 1254(b)(1), added par. (5). Subsec. (c). Pub. L. 109–58, § 1252(h), 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 subsection to
November 9, 1978, shall be deemed to be a reference to
August 8, 2005.” Pub. L. 109–58, § 1251(b)(2), 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.” Subsec. (d). Pub. L. 109–58, § 1254(b)(2), which directed amendment of subsec. (d) by inserting at end “In the case of the standard established by paragraph (15), the reference contained in this subsection to
November 9, 1978, shall be deemed to be a reference to
August 8, 2005.”, was repealed and made void by Pub. L. 117–58, § 40104(a)(2)(B)(ii). See
Effective Date
of 2021 Amendment note below. Pub. L. 109–58, § 1251(b)(3)(A), added subsec. (d). Subsec. (e). Pub. L. 109–58, § 1252(i)(1), added subsec. (e). Subsec. (f). Pub. L. 109–58, § 1254(b)(3)(A), added subsec. (f). 1992—Subsec. (b)(1), (2). Pub. L. 102–486 inserted “(or after October 24, 1992, in the case of standards under paragraphs (7), (8), and (9) of section 2621(d) of this title)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 Amendment Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”
Effective Date
of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an
Effective Date
note under section 1824 of Title 2, The Congress. Wage Rate RequirementsFor 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 authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
Reference
Citations & Metadata
Citation
16 U.S.C. § 2622
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73