42 U.S.C. § 8279 — National Action Plan for Demand Response

(a) National Assessment and report. The Federal Energy Regulatory Commission (“Commission”) must conduct a National Assessment of Demand Response. Within 18 months after December 19, 2007, it must send Congress a report that estimates nationwide demand-response potential over five- and ten-year periods, gives State^*-by-State data, and explains how estimates will be updated annually. The report must also estimate how much can be achieved within five and ten years after that date and give policy recommendations, including funding or incentive options. It must identify barriers to flexible, nondiscriminatory, fairly compensating demand-response programs and recommend ways to overcome them. The Commission must use existing research and ongoing work and avoid duplication. (b) National Action Plan. The Commission must develop a plan by seeking input from industry stakeholders, State utility regulators, and nongovernmental groups. It should seek agreement where possible and decide the best solutions where agreement is not possible. Within one year after the assessment is complete, the plan must identify State technical-assistance needs, requirements for a national customer-education and support program, and analytical tools, information, model rules, model contracts, and other support materials for customers, States, utilities, and demand-response providers. (c) Implementation. After completion, the plan and all favorable and dissenting participant comments must be published. Six months later, the Commission and Secretary^* of Energy must send Congress an implementation proposal with proposed responsibilities, budget amounts, and agreements for participation by States and others. (d) Authorization. Congress authorizes up to $10 million for the Commission in each of fiscal years 2008, 2009, and 2010.