42 U.S.C. § 8235c — Approval of applications for plans for prototype residential energy efficiency programs

(a) Approval requirements: The Secretary may approve an application submitted under section 8235b only if two things happen. (1) The application is approved in writing by: (A) the public utility that would enter the contract under the plan; (B) the state regulatory authority with ratemaking power over the utility, if it's a regulated utility; and (C) the Governor, or a state agency specifically authorized by state law to approve such plans, of the state submitting the application (if a state government applied) or of the state where the local government is located (if a local government applied). (2) The application has been published, and a public hearing has been held after public notice, where the utility's representatives, people who supply or install residential energy conservation measures, and members of the public (including the utility's ratepayers and other interested people) had a chance to comment. Any amendments made to account for what happened at the hearing are included. (b) Factors in approving applications: In deciding whether to approve an application, the Secretary must consider: (1) how much potential energy savings the demonstration could produce; (2) how likely it is that the value of the energy saved by utilities under the program will be enough to cover the estimated cost of supplying and installing the energy conservation measures; (3) the expected effects on competition in the part of the utility's service area covered by the contract; and (4) any other factors the Secretary decides are appropriate.