§824a–1 Pooling

Summary

The Commission can exempt electric utilities from state laws or rules that stop them from voluntarily working together (like sharing a central dispatch). It must do this if someone asks and it may do it on its own. Before granting an exemption, the Commission must give public notice, tell the Governor of the state involved, and offer a public hearing. The Commission cannot grant an exemption if the state rule is required by federal law, or if the rule is meant to protect public health, safety, or welfare, the environment, conserve energy, or deal with emergencies from fuel shortages. The Commission, working with the regional reliability councils, the Secretary, and the electric utility industry, must study how pooling can save energy, make facility use more efficient, and increase reliability. A report of that study was due within 18 months after November 9, 1978. The Commission may urge utilities to negotiate such arrangements and must report each year to the President and Congress about recommendations and actions taken; those yearly reports go in its annual Department of Energy report.