15 USC 3203 - Adoption of certain standards

U.S Code last checked for updates: Nov 22, 2024

§ 3203.

Adoption of certain standards

(a)

Adoption of standards

Not later than 2 years after November 9, 1978 (or after October 24, 1992, in the case of standards under paragraphs (3),1

 So in original. The comma probably should not appear.

and (4) of subsection (b)), each State regulatory authority (with respect to each gas utility for which it has ratemaking authority) and each nonregulated gas utility shall provide public notice and conduct a hearing respecting the standards established by subsection (b), and, on the basis of such hearing, shall—

(1)

adopt the standard established by subsection (b)(1), if, and to the extent, such authority or nonregulated utility determines that such adoption is appropriate and is consistent with otherwise applicable State law, and

(2)

adopt the standards established by paragraphs (2), (3) 2

 So in original. A comma probably should appear.

(4), (5), and (6) of subsection (b), if, and to the extent, such authority or nonregulated utility determines that such adoption is appropriate to carry out the purposes of this chapter, is otherwise appropriate, and is consistent with otherwise applicable State law.

For purposes of any determination under paragraphs (1) and (2) and any review of such determination in any court under section 3207 of this title, the purposes of this chapter supplement State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law.

(b)

Establishment

The following Federal standards are hereby established:

(1)

Procedures for termination of natural gas service

(2)

Advertising

(3)

Integrated resource planning

(4)

Investments in conservation and demand management

(5)

Energy efficiency

Each natural gas utility shall—

(A)

integrate energy efficiency resources into the plans and planning processes of the natural gas utility; and

(B)

adopt policies that establish energy efficiency as a priority resource in the plans and planning processes of the natural gas utility.

(6)

Rate design modifications to promote energy efficiency investments

(A)

In general

(B)

Policy options

In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider—

(i)

separating fixed-cost revenue recovery from the volume of transportation or sales service provided to the customer;

(ii)

providing to utilities incentives for the successful management of energy efficiency programs, such as allowing utilities to retain a portion of the cost-reducing benefits accruing from the programs;

(iii)

promoting the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives; and

(iv)

adopting rate designs that encourage energy efficiency for each customer class.

For purposes of applying the provisions of this chapter 3

 See Codification note below.

to this paragraph, any reference in this chapter 3 to November 9, 1978, shall be treated as a reference to December 19, 2007.

(c)

Procedural requirements

(d)

Small business impacts

If a State regulatory authority implements a standard established by subsection (b)(3) or (4), such authority shall—

(1)

consider the impact that implementation of such standard would have on small businesses engaged in the design, sale, supply, installation, or servicing of energy conservation, energy efficiency, or other demand-side management measures, and

(2)

implement such standard so as to assure that utility actions would not provide such utilities with unfair competitive advantages over such small businesses.

(Pub. L. 95–617, title III, § 303, Nov. 9, 1978, 92 Stat. 3150; Pub. L. 102–486, title I, § 115(b)–(d), Oct. 24, 1992, 106 Stat. 2803, 2804; Pub. L. 110–140, title V, § 532(b), (c), Dec. 19, 2007, 121 Stat. 1666, 1667.)

cite as: 15 USC 3203