§2625 — Title 16 Conservation | U.S. Code

Summary

Require state regulators (or a private utility if it is not state-regulated) to use cost methods when setting rates so the utility can tell how costs differ by daily or seasonal time of use and by customer demand versus energy used. Those methods must consider how total costs change if extra capacity is added for peak demand versus base load and if more kilowatt-hours are delivered. Time-of-day rates count as cost-effective for a customer class when their long-run benefits to the utility and those customers are likely to be greater than the metering, communications, and other costs needed to use those rates. A load-management technique counts as cost-effective if it is likely to cut peak kilowatt demand and the long-run savings to the utility are likely to be greater than the long-run costs to put the technique in place. New multi-unit buildings should have separate meters when there is more than one unit, each occupant controls part of the electricity use, and the long-run benefits to residents are greater than the cost of separate meters. An automatic adjustment clause in rates must be reviewed at least every four years after a hearing to make sure it encourages efficient use of resources, and it must be reviewed at least every two years to check for cost savings; reviewers can audit practices and require reports, including disclosures of ownership ties between the utility and its fuel or energy suppliers. Utilities must give each customer a clear explanation of the current and any proposed rate that applies to them within 60 days after service starts or within 90 days after the consumer-information rule is adopted (whichever is later), and within 30 days (60 days if the utility bills every two months) after filing or proposing a rate change. At least once a year utilities must send a clear summary of major rate schedules and say which classes are not summarized. On request, a customer must get a clear statement of actual or degree-day adjusted monthly consumption for each billing period in the prior year, if the utility can reasonably find that data. Rules to stop service must give reasonable prior notice, explain rights and remedies, and allow a chance to dispute; they must also protect consumers during times when loss of service would be especially dangerous to health if the consumer shows they cannot pay or can only pay in installments. Definitions (one line each): "advertising" = commercial use of media to reach many people or the utility’s customers; "political advertising" = ads meant to influence opinion on public or controversial issues; "promotional advertising" = ads meant to get people to use the utility’s services or related equipment. Political and promotional advertising do not include items like energy-conservation tips, legally required notices, outage/safety/emergency messages, job notices, promotion of energy-efficient products, or explanations or notices about rates and hearings. States must investigate and decide whether utilities should install time-based meters and communications so customers can take part in time-based prices and demand-response programs.

Title 16, §2625

Conservation — Source: USLM XML via OLRC

(a)In undertaking the consideration and making the determination under section 2621 of this title with respect to the standard concerning cost of service established by section 2621(d)(1) of this title, the costs of providing electric service to each class of electric consumers shall, to the maximum extent practicable, be determined on the basis of methods prescribed by the State regulatory authority (in the case of a State regulated electric utility) or by the electric utility (in the case of a nonregulated electric utility). Such methods shall to the maximum extent practicable—

(1)permit identification of differences in cost-incurrence, for each such class of electric consumers, attributable to daily and seasonal time of use of service and

(2)permit identification of differences in cost-incurrence attributable to differences in customer demand, and energy components of cost. In prescribing such methods, such State regulatory authority or nonregulated electric utility shall take into account the extent to which total costs to an electric utility are likely to change if—

(A)additional capacity is added to meet peak demand relative to base demand; and

(B)additional kilowatt-hours of electric energy are delivered to electric consumers.

(b)In undertaking the consideration and making the determination required under section 2621 of this title with respect to the standard for time-of-day rates established by section 2621(d)(3) of this title and the standard for time-based metering and communications established by section 2621(d)(14) of this title, a time-of-day rate charged by an electric utility for providing electric service to each class of electric consumers shall be determined to be cost-effective with respect to each such class if the long-run benefits of such rate to the electric utility and its electric consumers in the class concerned are likely to exceed the metering and communications costs and other costs associated with the use of such rates.

(c)In undertaking the consideration and making the determination required under section 2621 of this title with respect to the standard for load management techniques established by section 2621(d)(6) of this title, a load management technique shall be determined, by the State regulatory authority or nonregulated electric utility, to be cost-effective if—

(1)such technique is likely to reduce maximum kilowatt demand on the electric utility, and

(2)the long-run cost-savings to the utility of such reduction are likely to exceed the long-run costs to the utility associated with implementation of such technique.

(d)Separate metering shall be determined appropriate for any new building for purposes of section 2623(b)(1) of this title if—

(1)there is more than one unit in such building,

(2)the occupant of each such unit has control over a portion of the electric energy used in such unit, and

(3)with respect to such portion of electric energy used in such unit, the long-run benefits to the electric consumers in such building exceed the costs of purchasing and installing separate meters in such building.

(e)(1)An automatic adjustment clause of an electric utility meets the requirements of this subsection if—

(A)such clause is determined, not less often than every four years, by the State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by the electric utility (in the case of a nonregulated electric utility), after an evidentiary hearing, to provide incentives for efficient use of resources (including incentives for economical purchase and use of fuel and electric energy) by such electric utility, and

(B)such clause is reviewed not less often than every two years, in the manner described in paragraph (2), by the State regulatory authority having ratemaking authority with respect to such utility (or by the electric utility in the case of a nonregulated electric utility), to insure the maximum economies in those operations and purchases which affect the rates to which such clause applies.

(2)In making a review under subparagraph (B) of paragraph (1) with respect to an electric utility, the reviewing authority shall examine and, if appropriate, cause to be audited the practices of such electric utility relating to costs subject to an automatic adjustment clause, and shall require such reports as may be necessary to carry out such review (including a disclosure of any ownership or corporate relationship between such electric utility and the seller to such utility of fuel, electric energy, or other items).

(3)As used in this subsection and section 2623(b) of this title, the term “automatic adjustment clause” means a provision of a rate schedule which provides for increases or decreases (or both), without prior hearing, in rates reflecting increases or decreases (or both) in costs incurred by an electric utility. Such term does not include an interim rate which takes effect subject to a later determination of the appropriate amount of the rate.

(f)(1)For purposes of the standard for information to consumers established by section 2623(b)(3) of this title, each electric utility shall transmit to each of its electric consumers a clear and concise explanation of the existing rate schedule and any rate schedule applied for (or proposed by a nonregulated electric utility) applicable to such consumer. Such statement shall be transmitted to each such consumer—

(A)not later than sixty days after the date of commencement of service to such consumer or ninety days after the standard established by section 2623(b)(3) of this title is adopted with respect to such electric utility, whichever last occurs, and

(B)not later than thirty days (sixty days in the case of an electric utility which uses a bimonthly billing system) after such utility’s application for any change in a rate schedule applicable to such consumer (or proposal of such a change in the case of a nonregulated utility).

(2)For purposes of the standard for information to consumers established by section 2623(b)(3) of this title, each electric utility shall transmit to each of its electric consumers not less frequently than once each year—

(A)a clear and concise summary of the existing rate schedules applicable to each of the major classes of its electric consumers for which there is a separate rate, and

(B)an identification of any classes whose rates are not summarized.

(3)For purposes of the standard for information to consumers established by section 2623(b)(3) of this title, each electric utility, on request of an electric consumer of such utility, shall transmit to such consumer a clear and concise statement of the actual consumption (or degree-day adjusted consumption) of electric energy by such consumer for each billing period during the prior year (unless such consumption data is not reasonably ascertainable by the utility).

(g)The procedures for termination of service referred to in section 2623(b)(4) of this title are procedures prescribed by the State regulatory authority (with respect to electric utilities for which it has ratemaking authority) or by the nonregulated electric utility which provide that—

(1)no electric service to an electric consumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dispute the reasons for such termination, and

(2)during any period when termination of service to an electric consumer would be especially dangerous to health, as determined by the State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or nonregulated electric utility, and such consumer establishes that—

(A)he is unable to pay for such service in accordance with the requirements of the utility’s billing, or

(B)he is able to pay for such service but only in installments,

(h)(1)For purposes of this section and section 2623(b)(5) of this title—

(A)The term “advertising” means the commercial use, by an electric utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility’s electric consumers.

(B)The term “political advertising” means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.

(C)The term “promotional advertising” means any advertising for the purpose of encouraging any person to select or use the service or additional service of an electric utility or the selection or installation of any appliance or equipment designed to use such utility’s service.

(2)For purposes of this subsection and section 2623(b)(5) of this title, the terms “political advertising” and “promotional advertising” do not include—

(A)advertising which informs electric consumers how they can conserve energy or can reduce peak demand for electric energy,

(B)advertising required by law or regulation, including advertising required under part 1 of title II of the National Energy Conservation Policy Act [42 U.S.C. 8211 et seq.],

(C)advertising regarding service interruptions, safety measures, or emergency conditions,

(D)advertising concerning employment opportunities with such utility,

(E)advertising which promotes the use of energy efficient appliances, equipment or services, or

(F)any explanation or justification of existing or proposed rate schedules, or notifications of hearings thereon.

(i)In making a determination with respect to the standard established by section 2621(d)(14) of this title, the investigation requirement of section 2621(d)(14)(F) of this title shall be as follows: Each State regulatory authority shall conduct an investigation and issue a decision whether or not it is appropriate for electric utilities to provide and install time-based meters and communications devices for each of their customers which enable such customers to participate in time-based pricing rate schedules and other demand response programs.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Energy Conservation Policy Act, referred to in subsec. (h)(2)(B), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3206. Part 1 of title II of the National Energy Conservation Policy Act was classified generally to part A (§ 8211 et seq.) of subchapter II of chapter 91 of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 8229 of Title 42 which terminated authority under that part June 30, 1989. For complete classification of this Act to the Code, see

Short Title

note set out under section 8201 of Title 42 and Tables.

Amendments

2005—Subsec. (b). Pub. L. 109–58, § 1252(b)(1), (2), inserted “and the standard for time-based metering and communications established by section 2621(d)(14) of this title” after “section 2621(d)(3) of this title” and substituted “metering and communications costs” for “metering costs”. Subsec. (i). Pub. L. 109–58, § 1252(b)(3), added subsec. (i).

§2625 Special rules for standards