42 U.S.C. § 8235h — Revoking approval of plans and terminating financial assistance
submitted 46 years ago by Pub. L. 95-619 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 150 words · no verdicts yet
The Secretary must cancel a pilot program's approval and stop its funding if it causes unfair competition or badly hurts competition. This also applies if one contractor gets an unreasonably large share of the work.
This section is one undivided provision with a numbered list. The Secretary* must revoke a plan's approval under section 8235a(a) and stop financial assistance under section 8235a(c), after consulting the Federal Trade Commission and giving notice and a chance for a hearing, if the Secretary finds that running the plan does any of three things: (1) causes unfair methods of competition; (2) substantially and badly hurts competition in the part of the utility's service area covered by the contract; or (3) gives one supplier or contractor an unreasonably large share of the contracts for supplying or installing energy conservation measures in that service area.
The Secretary* shall revoke the approval of any plan under section 8235a(a) of this title for the establishment of a prototype residential energy efficiency program, and shall terminate the provision of financial assistance under section 8235a(c) of this title to carry out such plan, if the Secretary determines, in consultation with the Federal Trade Commission and after notice and the opportunity for a hearing, that carrying out such plan—
causes unfair methods of competition;
has a substantial adverse effect on competition in the portion of the service area of the public utility designated by the contract entered into under the plan; or
provides a supplier or contractor of energy conservation measures with an unreasonably large share of the contracts for the supply or installation of such measures under such plan in the service area of the public utility designated by the contract entered into under such plan.
Source credit: (Pub. L. 95–619, title II, § 269, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 751.)
- 1980Enacted · Pub. L. 95-619 · 94 Stat. 751
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-619 on 1980-06-30.
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