16 Usc 2601 (purpa)

Page 2047

§ 2601

TITLE 16—CONSERVATION
REFERENCES IN TEXT

Sec.

CODIFICATION

2622.
Obligations to consider and determine.
2623.
Adoption of certain standards.
2624.
Lifeline rates.
2625.
Special rules for standards.
2626.
Reports respecting standards.
2627.
Relationship to State law.
SUBCHAPTER III—INTERVENTION AND JUDICIAL
REVIEW

In subsec. (a), ‘‘section 2505 of this title’’ was in the
original ‘‘section 6 of this title’’ and was editorially
translated as section 2505 of this title to reflect the
probable intent of Congress in view of the subject matter of section 2505 which relates to innovative grants.

2631.
Intervention in proceedings.
2632.
Consumer representation.
2633.
Judicial review and enforcement.
2634.
Prior and pending proceedings.
SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS

This Act, referred to in subsec. (a), means Pub. L.
95–625, Nov. 10, 1978, 92 Stat. 3467, as amended, known as
the National Parks and Recreation Act of 1978. For
complete classification of the Act to the Code, see
Short Title of 1978 Amendment note set out under section 1 of this title and Tables.

AMENDMENTS
1994—Pub. L. 103–322 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
1984—Pub. L. 98–454 substituted ‘‘section’’ for ‘‘subsection’’ after ‘‘For the authorizations made in this’’.
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

§ 2513. Limitation of use of funds
No funds available under this chapter shall be
used for the acquisition of land or interests in
land.
(Pub. L. 95–625, title X, § 1014, Nov. 10, 1978, 92
Stat. 3544.)
§ 2514. Sunset and reporting provisions; reports
to Congress
(a) Within ninety days of the expiration of this
authority, the Secretary shall report to the Congress on the overall impact of the urban park
and recreation recovery program.
(b) Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(M), Nov. 12, 1996, 110 Stat. 4196.
(Pub. L. 95–625, title X, § 1015, Nov. 10, 1978, 92
Stat. 3544; Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(M), Nov. 12, 1996, 110 Stat. 4196.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–333 struck out subsec.
(b) which read as follows: ‘‘On December 31, 1979, and on
the same date in each year that the recovery program
is funded, the Secretary shall report to the Congress on
the annual achievements of the innovation grant program, with emphasis on the nationwide implications of
successful innovation projects.’’
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Interior, see
section 2 of Pub. L. 95–625, set out as a note under section 2503 of this title.

CHAPTER 46—PUBLIC UTILITY REGULATORY
POLICIES
Sec.

2601.
Findings.
2602.
Definitions.
2603.
Relationship to antitrust laws.
SUBCHAPTER I—RETAIL REGULATORY POLICIES
FOR ELECTRIC UTILITIES
2611.
Purposes.
2612.
Coverage.
2613.
Federal contracts.
SUBCHAPTER II—STANDARDS FOR ELECTRIC
UTILITIES
2621.

Consideration and determination respecting
certain ratemaking standards.

2641.
2642.
2643.
2644.
2645.

Voluntary guidelines.
Responsibilities of Secretary.
Gathering information on costs of service.
Relationship to other authority.
Utility regulatory institute.

§ 2601. Findings
The Congress finds that the protection of the
public health, safety, and welfare, the preservation of national security, and the proper exercise of congressional authority under the Constitution to regulate interstate commerce require—
(1) a program providing for increased conservation of electric energy, increased efficiency in the use of facilities and resources by
electric utilities, and equitable retail rates for
electric consumers,
(2) a program to improve the wholesale distribution of electric energy, the reliability of
electric service, the procedures concerning
consideration of wholesale rate applications
before the Federal Energy Regulatory Commission, the participation of the public in
matters before the Commission, and to provide
other measures with respect to the regulation
of the wholesale sale of electric energy,
(3) a program to provide for the expeditious
development of hydroelectric potential at existing small dams to provide needed hydroelectric power,
(4) a program for the conservation of natural
gas while insuring that rates to natural gas
consumers are equitable,
(5) a program to encourage the development
of crude oil transportation systems, and
(6) the establishment of certain other authorities as provided in title VI of this Act.
(Pub. L. 95–617, § 2, Nov. 9, 1978, 92 Stat. 3119.)
REFERENCES IN TEXT
This Act, referred to in par. (6), is Pub. L. 95–617, Nov.
9, 1978, 92 Stat. 3117, as amended, known as the Public
Utility Regulatory Policies Act of 1978. Title VI of this
Act enacted sections 824a–4 and 2645 of this title, section 918c of Title 7, Agriculture, and sections 717x to
717z of Title 15, Commerce and Trade, amended section
717f of Title 15 and sections 1311, 1312, and 1314 to 1316
of Title 30, Mineral Lands and Mining, and enacted provisions set out as a note under section 2621 of this title.
For complete classification of this Act to the Code, see
Short Title note below and Tables.
CODIFICATION
This section was not enacted as part of title I of Pub.
L. 95–617 which comprises this chapter.
SHORT TITLE
Section 1 of Pub. L. 95–617 provided that: ‘‘This Act
[enacting this chapter, and sections 823a, 824a–1 to

§ 2602

TITLE 16—CONSERVATION

824a–4, 824i to 824k, 825q–1, and 2701 to 2708 of this title,
section 918c of Title 7, Agriculture, sections 717x to 717z
and 3201 to 3211 of Title 15, Commerce and Trade, section 6808 of Title 42, The Public Health and Welfare,
and sections 2001 to 2012 of Title 43, Public Lands,
amending sections 796, 824, 824a, 824d, and 825d of this
title, section 717f of Title 15, sections 1311, 1312, and 1314
to 1316 of Title 30, Mineral Lands and Mining, and sections 6801 to 6807 of Title 42, and enacting provisions set
out as notes under sections 824, 824a, 824d, 825d, and 2621
of this title] may be cited as the ‘Public Utility Regulatory Policies Act of 1978’.’’

§ 2602. Definitions
As used in this Act, except as otherwise specifically provided—
(1) The term ‘‘antitrust laws’’ includes the
Sherman Antitrust Act (15 U.S.C. 1 and following), the Clayton Act (15 U.S.C. 12 and following), the Federal Trade Commission Act (15
U.S.C. 14[41] and following), the Wilson Tariff
Act (15 U.S.C. 8 and 9), and the Act of June 19,
1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and
21A).
(2) The term ‘‘class’’ means, with respect to
electric consumers, any group of such consumers who have similar characteristics of electric energy use.
(3) The term ‘‘Commission’’ means the Federal Energy Regulatory Commission.
(4) The term ‘‘electric utility’’ means any
person, State agency, or Federal agency,
which sells electric energy.
(5) The term ‘‘electric consumer’’ means any
person, State agency, or Federal agency, to
which electric energy is sold other than for
purposes of resale.
(6) The term ‘‘evidentiary hearing’’ means—
(A) in the case of a State agency, a proceeding which (i) is open to the public, (ii)
includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a
written record of the proceeding, and (iv) is
subject to judicial review;
(B) in the case of a Federal agency, a proceeding conducted as provided in sections
554, 556, and 557 of title 5; and
(C) in the case of a proceeding conducted
by any entity other than a State or Federal
agency, a proceeding which conforms, to the
extent appropriate, with the requirements of
subparagraph (A).
(7) The term ‘‘Federal agency’’ means an executive agency (as defined in section 105 of
title 5).
(8) The term ‘‘load management technique’’
means any technique (other than a time-ofday or seasonal rate) to reduce the maximum
kilowatt demand on the electric utility, including ripple or radio control mechanisms,
and other types of interruptible electric service, energy storage devices, and load-limiting
devices.
(9) The term ‘‘nonregulated electric utility’’
means any electric utility other than a State
regulated electric utility.
(10) The term ‘‘rate’’ means (A) any price,
rate, charge, or classification made, demanded, observed, or received with respect to

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sale of electric energy by an electric utility to
an electric consumer, (B) any rule, regulation,
or practice respecting any such rate, charge,
or classification, and (C) any contract pertaining to the sale of electric energy to an electric
consumer.
(11) The term ‘‘ratemaking authority’’
means authority to fix, modify, approve, or
disapprove rates.
(12) The term ‘‘rate schedule’’ means the
designation of the rates which an electric utility charges for electric energy.
(13) The term ‘‘sale’’ when used with respect
to electric energy includes any exchange of
electric energy.
(14) The term ‘‘Secretary’’ means the Secretary of Energy.
(15) The term ‘‘State’’ means a State, the
District of Columbia, and Puerto Rico.
(16) The term ‘‘State agency’’ means a State,
political subdivision thereof, and any agency
or instrumentality of either.
(17) The term ‘‘State regulatory authority’’
means any State agency which has ratemaking authority with respect to the sale of
electric energy by any electric utility (other
than such State agency), and in the case of an
electric utility with respect to which the Tennessee Valley Authority has ratemaking authority, such term means the Tennessee Valley Authority.
(18) The term ‘‘State regulated electric utility’’ means any electric utility with respect to
which a State regulatory authority has ratemaking authority.
(19) The term ‘‘integrated resource planning’’ means, in the case of an electric utility,
a planning and selection process for new energy resources that evaluates the full range of
alternatives, including new generating capacity, power purchases, energy conservation and
efficiency, cogeneration and district heating
and cooling applications, and renewable energy resources, in order to provide adequate
and reliable service to its electric customers
at the lowest system cost. The process shall
take into account necessary features for system operation, such as diversity, reliability,
dispatchability, and other factors of risk; shall
take into account the ability to verify energy
savings achieved through energy conservation
and efficiency and the projected durability of
such savings measured over time; and shall
treat demand and supply resources on a consistent and integrated basis.
(20) The term ‘‘system cost’’ means all direct
and quantifiable net costs for an energy resource over its available life, including the
cost of production, distribution, transportation, utilization, waste management, and
environmental compliance.
(21) The term ‘‘demand side management’’
includes load management techniques.
(Pub. L. 95–617, § 3, Nov. 9, 1978, 92 Stat. 3119;
Pub. L. 102–486, title I, § 111(d), Oct. 24, 1992, 106
Stat. 2796.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 95–617, Nov. 9,
1978, 92 Stat. 3117, as amended, known as the Public
Utility Regulatory Policies Act of 1978. For complete