42 U.S.C. § 8484: Electric utility…

Summary

Electric utilities that used natural gas as a main fuel at any time in the 1-year period ending on August 13, 1981, and that plan to use gas again must submit a conservation plan. They must file the plan within 1 year after August 13, 1981, and must carry out the plan for 5 years after it is first approved. The plan must aim to save, by the fifth year after approval, at least 10 percent of the yearly electricity the utility produced from natural gas during the four quarters 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, and any other measures the utility chooses. It may include non-hydroelectric renewable energy. The plan must explain how the utility can recover the costs, as set by the State regulator or by the utility if it is not regulated. The Energy Secretary must approve or reject a plan within 120 days, must give written reasons if rejecting it, allow time to fix and resubmit, and must approve any changes to an approved plan.

Title 42, §8484

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(a)Applicability

An electric utility is subject to this subsection 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)Submission and approval of plan

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)Contents of plan

(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)Plan approval

(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).

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.

§8484 Electric Utility Conservation Plan

Summary

Title 42, §8484

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata