§2643 — Title 16 Conservation | U.S. Code

Summary

Electric utilities must regularly collect detailed information so the cost of providing electric service can be figured out. The costs must, as much as possible, be broken into three parts: customer, demand, and energy. The information to be gathered covers costs by customer class and by different use patterns (like voltage and time of use); daily and seasonal kilowatt demand curves for all customers and for each class with a separate rate; annual capital, operating, and maintenance costs for transmission, distribution, and each type of generating unit; and costs of purchased power, showing daily and seasonal differences. The Commission must make rules for how to collect this information within 180 days after November 9, 1978, and may exempt a utility or group of utilities after public notice and written comment. Each utility must file the information with the Commission and any state rate regulator not later than two years after November 9, 1978, and at least every two years after that. Failure to comply is treated as a violation of the Energy Supply and Environmental Coordination Act of 1974 and is enforceable under section 12 of that Act, with any reference to the Federal Energy Administrator read as a reference to the Commission.

Title 16, §2643

Conservation — Source: USLM XML via OLRC

(a)Each electric utility shall periodically gather information under such rules (promulgated by the Commission) as the Commission determines necessary to allow determination of the costs associated with providing electric service. For purposes of this section, and for purposes of any consideration and determination respecting the standard established by section 2621(d)(2) of this title, such costs shall be separated, to the maximum extent practicable, into the following components: customer cost component, demand cost component, and energy cost component. Rules under this subsection shall include requirements for the gathering of the following information with respect to each electric utility—

(1)the costs of serving each electric consumer class, including costs of serving different consumption patterns within such class, based on voltage level, time of use, and other appropriate factors;

(2)daily kilowatt demand load curves for all electric consumer classes combined representative of daily and seasonal differences in demand, and daily kilowatt demand load curves for each electric consumer class for which there is a separate rate, representative of daily and seasonal differences in demand;

(3)annual capital, operating, and maintenance costs—

(A)for transmission and distribution services, and

(B)for each type of generating unit; and

(4)costs of purchased power, including representative daily and seasonal differences in the amount of such costs.

(b)The Commission shall, within 180 days after November 9, 1978, by rule, prescribe the methods, procedure, and format to be used by electric utilities in gathering the information described in this section. Such rules may provide for the exemption by the Commission of an electric utility or class of electric utilities from gathering all or part of such information, in cases where such utility or utilities show and the Commission finds, after public notice and opportunity for the presentation of written data, views, and arguments, that gathering such information is not likely to carry out the purposes of this section. The Commission shall periodically review such findings and may revise such rules.

(c)Not later than two years after November 9, 1978, and periodically, but not less frequently than every two years thereafter, each electric utility shall file with—

(1)the Commission, and

(2)any State regulatory authority which has ratemaking authority for such utility,

(d)For purposes of enforcement, any violation of a requirement of this section shall be treated as a violation of a provision of the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.] enforceable under section 12 of such Act [15 U.S.C. 797] (notwithstanding any expiration date in such Act) except that in applying the provisions of such section 12 any reference to the Federal Energy Administrator shall be treated as a reference to the Commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (d), is Pub. L. 93–319, June 22, 1974, 88 Stat. 246, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 791 of Title 15 and Tables.

§2643 Gathering Information on Costs of Service