Title 42The Public Health and WelfareRelease 119-73

§8484 Electric utility conservation plan

Title 42 › Chapter CHAPTER 92— - POWERPLANT AND INDUSTRIAL FUEL USE › Subchapter SUBCHAPTER VIII— - MISCELLANEOUS PROVISIONS › § 8484

Last updated Apr 6, 2026|Official source

Summary

An electric utility must follow these rules if it used natural gas as the main fuel in any powerplant at any time during the one-year period ending on August 13, 1981, and if it plans to use natural gas as a main fuel in any plant. Each utility covered must send a conservation plan to the Secretary within 1 year after August 13, 1981, get the plan approved, and carry it out for 5 years starting on the approval date. The Secretary must decide to approve or reject a plan within 120 days and must give written reasons if rejecting. If rejected, the utility gets a reasonable time to try again. A utility can change an approved plan, but the change must be approved again. The plan must aim to cut, by the fifth year, at least 10 percent of the utility’s annual electric output that was produced by natural gas during the most recent 4 calendar quarters ending before August 13, 1981. The plan must include the actions required by part 1 of title II of the National Energy Conservation Policy Act (42 U.S.C. 8211 et seq.), a public information program about conservation, and any other measures the utility chooses. It may include renewable energy (but not hydroelectric). The plan must also show how the utility can recover the money it spends on the plan as set by the state regulator or, for nonregulated utilities, by the utility itself.

Full Legal Text

Title 42, §8484

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

(a)An electric utility is subject to this subsection 11 So in original. Probably should be “section”. if—
(1)the utility owns or operates any existing electric powerplant in which natural gas was used as a primary energy source at any time during the 1-year period ending on August 13, 1981, and
(2)the utility plans to use natural gas as a primary energy source in any electric powerplant.
(b)The Secretary shall require each electric utility subject to this section to—
(1)submit, within 1 year after August 13, 1981, and have approved by the Secretary, a conservation plan which meets the requirements of subsection (c); and
(2)implement such plan during the 5-year period beginning on the date of the initial approval of such plan.
(c)(1)Any conservation plan under this section shall set forth means determined by the utility to achieve conservation of electric energy not later than the 5th year after its initial approval at a level, measured on an annual basis, at least equal to 10 percent of the electric energy output of that utility during the most recent 4 calendar quarters ending prior to August 13, 1981, which is attributable to natural gas.
(2)The conservation plan shall include—
(A)all activities required for such utility by part 1 of title II of the National Energy Conservation Policy Act [42 U.S.C. 8211 et seq.];
(B)an effective public information program for conservation; and
(C)such other measures as the utility may consider appropriate.
(3)Any such plan may set forth a program for the use of renewable energy sources (other than hydroelectric power).
(4)Any such plan shall contain procedures to permit the amounts expended by such utility in developing and implementing the plan to be recovered in a manner specified by the appropriate State regulatory authority (or by the utility in the case of a nonregulated utility).
(d)(1)The Secretary shall, by order, approve or disapprove any conservation plan proposed under this subsection 1 by an electric utility within 120 days after its submission. The Secretary shall approve any such proposed plan unless the Secretary finds that such plan does not meet the requirements of subsection (c) and states in writing the reasons therefor.
(2)In the event the Secretary disapproves under paragraph (1) the plan originally submitted, the Secretary shall provide a reasonable period of time for resubmission.
(3)An electric utility may amend any approved plan, except that the plan as amended shall be subject to approval in accordance with paragraph (1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Energy Conservation Policy Act, referred to in subsec. (c)(2)(A), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3208. 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 this title, and was omitted from the Code pursuant to section 8229 of this title 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 this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as an

Effective Date

of 1981 Amendment note under section 6240 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 8484

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73