Title 42The Public Health and WelfareRelease 119-73

§8279 National Action Plan for Demand Response

Title 42 › Chapter CHAPTER 91— - NATIONAL ENERGY CONSERVATION POLICY › Subchapter SUBCHAPTER III— - FEDERAL ENERGY INITIATIVE › Part Part D— - Peak Demand Reduction › § 8279

Last updated Apr 6, 2026|Official source

Summary

The Federal Energy Regulatory Commission must carry out a National Assessment of demand response and send a report to Congress within 18 months of December 19, 2007. The report must estimate the national potential for demand response in 5- and 10-year time frames, show state-by-state data, explain how the estimates can be updated yearly, say how much of that potential can realistically be achieved in 5 and 10 years after December 19, 2007, and give specific policy ideas (including funding or incentives) to reach those levels. The Commission must also identify barriers to fair, flexible programs and propose ways to remove them, and it must use existing research so work is not duplicated. After the Assessment, the Commission must create a National Action Plan on demand response within 1 year, getting input from industry, state utility regulators, and public groups, seeking agreement when possible and choosing the best solution when not. The Plan must say what technical help states need, outline a national customer education and communications effort, and provide tools, model rules and contracts, and other materials for users, states, utilities, and providers. The Plan and any supporting or opposing comments must be published. Six months after publication, the Commission and the Secretary of Energy must send Congress a proposal to carry out the Plan that assigns responsibilities, lists budgets, and notes any agreements from states or others. Up to $10,000,000 is authorized each for fiscal years 2008, 2009, and 2010 to pay for this work.

Full Legal Text

Title 42, §8279

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

(a)The Federal Energy Regulatory Commission (“Commission”) shall conduct a National Assessment of Demand Response. The Commission shall, within 18 months of December 19, 2007, submit a report to Congress that includes each of the following:
(1)Estimation of nationwide demand response potential in 5 and 10 year horizons, including data on a State-by-State basis, and a methodology for updates of such estimates on an annual basis.
(2)Estimation of how much of this potential can be achieved within 5 and 10 years after December 19, 2007, accompanied by specific policy recommendations that if implemented can achieve the estimated potential. Such recommendations shall include options for funding and/or incentives for the development of demand response resources.
(3)The Commission shall further note any barriers to demand response programs offering flexible, non-discriminatory, and fairly compensatory terms for the services and benefits made available, and shall provide recommendations for overcoming such barriers.
(4)The Commission shall seek to take advantage of preexisting research and ongoing work, and shall insure that there is no duplication of effort.
(b)The Commission shall further develop a National Action Plan on Demand Response, soliciting and accepting input and participation from a broad range of industry stakeholders, State regulatory utility commissioners, and non-governmental groups. The Commission shall seek consensus where possible, and decide on optimum solutions to issues that defy consensus. Such Plan shall be completed within 1 year after the completion of the National Assessment of Demand Response, and shall meet each of the following objectives:
(1)Identification of requirements for technical assistance to States to allow them to maximize the amount of demand response resources that can be developed and deployed.
(2)Design and identification of requirements for implementation of a national communications program that includes broad-based customer education and support.
(3)Development or identification of analytical tools, information, model regulatory provisions, model contracts, and other support materials for use by customers, States, utilities and demand response providers.
(c)Upon completion, the National Action Plan on Demand Response shall be published, together with any favorable and dissenting comments submitted by participants in its preparation. Six months after publication, the Commission, together with the Secretary of Energy, shall submit to Congress a proposal to implement the Action Plan, including specific proposed assignments of responsibility, proposed budget amounts, and any agreements secured for participation from State and other participants.
(d)There are authorized to be appropriated to the Commission to carry out this section not more than $10,000,000 for each of the fiscal years 2008, 2009, and 2010.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 8279

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73