Title 42The Public Health and WelfareRelease 119-73

§18842 Model guidance for combined heat and power systems and waste heat to power systems

Title 42 › Chapter CHAPTER 162— - ENERGY INFRASTRUCTURE › Subchapter SUBCHAPTER V— - ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE › Part Part E— - Miscellaneous › § 18842

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must review, within 180 days after November 15, 2021, rules and procedures across the United States for connecting electric generators up to 150 megawatts to the grid. The review must look at how interconnection service and extra services (like backup, standby, maintenance, or interruptible power) are handled, who pays the costs, and how utilities recover those costs. The Secretary must work with the Federal Energy Regulatory Commission and other appropriate groups. Within 18 months after November 15, 2021, the Secretary must create model guidance for states and nonregulated utilities to lower the barriers found in the review. The guidance should follow current best practices and keep the grid safe and reliable, using standards like those from the Institute of Electrical and Electronic Engineers and state model codes. The guidance should consider things such as different rules by unit size or fuel, fast-track connection options, being consistent with FERC rules as of November 15, 2021, how outage assumptions affect fees, demand charge rules, alternative ways to buy extra services (custom contracts, market purchases, or fee waivers for small users), and likely benefits like better reliability, more fuel choices, improved power quality, and reduced losses. Definitions: “additional services” = extra power services; “waste heat to power system” = electricity made from recovered waste energy; other key terms use their meanings from the Public Utility Regulatory Policies Act and section 6341.

Full Legal Text

Title 42, §18842

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:
(1)The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2)The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3)(A)The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I of that Act (16 U.S.C. 2611 et seq.).
(B)The terms “combined heat and power system” and “waste energy” have the meanings given those terms in section 6341 of this title.
(b)(1)Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems.
(2)The review under this subsection shall include a review of existing rules and procedures relating to—
(A)determining and assigning costs of interconnection service and additional services; and
(B)ensuring adequate cost recovery by an electric utility for interconnection service and additional services.
(c)(1)Not later than 18 months after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1).
(2)The model guidance issued under this subsection shall reflect, to the maximum extent practicable, current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect, including—
(A)relevant current standards developed by the Institute of Electrical and Electronic Engineers; and
(B)model codes and rules adopted by—
(i)States; or
(ii)associations of State regulatory agencies.
(3)In establishing the model guidance under this subsection, the Secretary shall take into consideration—
(A)the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics;
(B)the appropriateness of establishing fast-track procedures for interconnection service;
(C)the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of November 15, 2021;
(D)the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services;
(E)the appropriate duration, magnitude, or usage of demand charge ratchets;
(F)potential alternative arrangements with respect to the procurement of additional services, including—
(i)contracts tailored to individual electric consumers for additional services;
(ii)procurement of additional services by an electric utility from a competitive market; and
(iii)waivers of fees or rates for additional services for small electric consumers; and
(G)outcomes such as increased electric reliability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a)(3)(A), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. Title I (§ 101 et seq.) of the Act enacted subchapters I to IV of chapter 46 (§ 2611 et seq.) of Title 16, Conservation, and section 6808 of this title, and amended sections 6802 to 6807 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2601 of Title 16 and Tables.

Statutory Notes and Related Subsidiaries

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 this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18842

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73