42 U.S.C. § 8484 — Electric utility conservation plan

submitted 45 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 431 words · no verdicts yet

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Electric utilities that used natural gas as a main power source in 1980-81, and still plan to, must submit a conservation plan to the Secretary. The plan must cut natural-gas-based electricity output by at least 10 percent within 5 years. The Secretary must approve or reject the plan within 120 days, giving written reasons for any rejection.

(a) Applicability. This subsection covers an electric utility if (1) it owned or ran an existing power plant that used natural gas as a primary energy source at any point during the one-year period ending August 13, 1981, and (2) it plans to use natural gas as a primary energy source in any power plant. (b) Submission and approval of plan. The Secretary must require each covered utility to (1) submit a conservation plan within 1 year after August 13, 1981, and get it approved — the plan must meet the requirements in subsection (c) — and (2) carry out that plan during the 5-year period starting when it is first approved. (c) Contents of plan. (1) The plan must lay out how the utility will conserve electric energy so that, by the 5th year after its first approval, it saves — measured yearly — at least 10 percent of the electric energy, tied to natural gas, that the utility produced in the most recent 4 calendar quarters before August 13, 1981. (2) The plan must include (A) all activities required of the utility under Part 1 of Title II of the National Energy Conservation Policy Act; (B) an effective public information program about conservation; and (C) any other measures the utility thinks are appropriate. (3) The plan may also include a program for using renewable energy sources, other than hydroelectric power. (4) The plan must include procedures letting the utility recover what it spends developing and carrying out the plan, in a manner set by the appropriate state regulator (or by the utility itself, if it is not regulated by a state). (d) Plan approval. (1) The Secretary must approve or reject any proposed plan, by order, within 120 days after it is submitted. The Secretary must approve it unless the plan fails to meet subsection (c)'s requirements — and if the Secretary rejects it, the Secretary must explain why in writing. (2) If the Secretary rejects the original plan, the utility gets a reasonable amount of time to submit a new one. (3) A utility may amend an approved plan, but the amended plan must go through the same approval process again.

the actual law source: uscode.house.gov ↗public domain

(a) Applicability

An electric utility is subject to this subsection 1 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.

(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).

Source credit: (Pub. L. 95–620, title VIII, § 808, as added Pub. L. 97–35, title X, § 1023(a), Aug. 13, 1981, 95 Stat. 616.)

history & why it existsrecord from the source credit

1981Enacted · Pub. L. 95-620 · 95 Stat. 616

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1981-08-13.

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