16 U.S.C. § 2622 : US Code - Section 2622: Obligations to consider and determine

Search 16 U.S.C. § 2622 : US Code - Section 2622: Obligations to consider and determine

(a) Request for consideration and determination
Each State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each
nonregulated electric utility may undertake the consideration and
make the determination referred to in section 2621 of this title
with respect to any standard established by section 2621(d) of this
title in any proceeding respecting the rates of the electric
utility. Any participant or intervenor (including an intervenor
referred to in section 2631 of this title) in such a proceeding may
request, and shall obtain, such consideration and determination in
such proceeding. In undertaking such consideration and making such
determination in any such proceeding with respect to the
application to any electric utility of any standard established by
section 2621(d) of this title, a State regulatory authority (with
respect to an electric utility for which it has ratemaking
authority) or nonregulated electric utility may take into account
in such proceeding -
(1) any appropriate prior determination with respect to such
standard -
(A) which is made in a proceeding which takes place after
November 9, 1978, or
(B) which was made before such date (or is made in a
proceeding pending on such date) and complies, as provided in
section 2634 of this title, with the requirements of this
chapter; and
(2) the evidence upon which such prior determination was based
(if such evidence is referenced in such proceeding).
(b) Time limitations
(1) Not later than 2 years after November 9, 1978 (or after
October 24, 1992, in the case of standards under paragraphs (7),
(8), and (9) of section 2621(d) of this title), each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority) and each nonregulated electric
utility shall commence the consideration referred to in section
2621 of this title, or set a hearing date for such consideration,
with respect to each standard established by section 2621(d) of
this title.
(2) Not later than three years after November 9, 1978 (or after
October 24, 1992, in the case of standards under paragraphs (7),
(8), and (9) of section 2621(d) of this title), each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 2621 of this title with
respect to each standard established by section 2621(d) of this
title.
(3)(A) Not later than 2 years after August 8, 2005, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority) and each nonregulated electric
utility shall commence the consideration referred to in section
2621 of this title, or set a hearing date for such consideration,
with respect to each standard established by paragraphs (11)
through (13) of section 2621(d) of this title.
(B) Not later than 3 years after August 8, 2005, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 2621 of this title with
respect to each standard established by paragraphs (11) through
(13) of section 2621(d) of this title.
(4)(A) Not later than 1 year after August 8, 2005, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority) and each nonregulated electric
utility shall commence the consideration referred to in section
2621 of this title, or set a hearing date for such consideration,
with respect to the standard established by paragraph (14) of
section 2621(d) of this title.
(B) Not later than 2 years after August 8, 2005, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 2621 of this title with
respect to the standard established by paragraph (14) of section
2621(d) of this title.
(5)(A) Not later than 1 year after August 8, 2005, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority) and each nonregulated utility
shall commence the consideration referred to in section 2621 of
this title, or set a hearing date for consideration, with respect
to the standard established by paragraph (15) of section 2621(d) of
this title.
(B) Not later than two years after August 8, 2005, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 2621 of this title with
respect to each standard established by paragraph (15) of section
2621(d) of this title.
(c) Failure to comply
Each State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each
nonregulated electric utility shall undertake the consideration,
and make the determination, referred to in section 2621 of this
title with respect to each standard established by section 2621(d)
of this title in the first rate proceeding commenced after the date
three years after November 9, 1978, respecting the rates of such
utility if such State regulatory authority or nonregulated electric
utility has not, before such date, complied with subsection (b)(2)
of this section with respect to such standard. In the case of each
standard established by paragraphs (11) through (13) of section
2621(d) of this title, the reference contained in this subsection
to November 9, 1978, shall be deemed to be a reference to August 8,
2005. In the case of the standard established by paragraph (14) of
section 2621(d) of this title, the reference contained in this
subsection to November 9, 1978, shall be deemed to be a reference
to August 8, 2005. In the case of the standard established by
paragraph (15),(!1) the reference contained in this subsection to
November 9, 1978, shall be deemed to be a reference to August 8,
2005.
(d) Prior State actions relating to standard under section
2621(d)(11) to (13)
Subsections (b) and (c) of this section shall not apply to the
standards established by paragraphs (11) through (13) of section
2621(d) of this title in the case of any electric utility in a
State if, before August 8, 2005 -
(1) the State has implemented for such utility the standard
concerned (or a comparable standard);
(2) the State regulatory authority for such State or relevant
nonregulated electric utility has conducted a proceeding to
consider implementation of the standard concerned (or a
comparable standard) for such utility; or
(3) the State legislature has voted on the implementation of
such standard (or a comparable standard) for such utility.
(e) Prior State actions relating to standard under section
2621(d)(14)
Subsections (b) and (c) of this section shall not apply to the
standard established by paragraph (14) of section 2621(d) of this
title in the case of any electric utility in a State if, before
August 8, 2005 -
(1) the State has implemented for such utility the standard
concerned (or a comparable standard);
(2) the State regulatory authority for such State or relevant
nonregulated electric utility has conducted a proceeding to
consider implementation of the standard concerned (or a
comparable standard) for such utility within the previous 3
years; or
(3) the State legislature has voted on the implementation of
such standard (or a comparable standard) for such utility within
the previous 3 years.
(f) Prior State actions relating to standard under section
2621(d)(15)
Subsections (b) and (c) of this section shall not apply to the
standard established by paragraph (15) of section 2621(d) of this
title in the case of any electric utility in a State if, before
August 8, 2005 -
(1) the State has implemented for such utility the standard
concerned (or a comparable standard);
(2) the State regulatory authority for such State or relevant
nonregulated electric utility has conducted a proceeding to
consider implementation of the standard concerned (or a
comparable standard) for such utility; or
(3) the State legislature has voted on the implementation of
such standard (or a comparable standard) for such utility.