16 U.S.C. § 2623 : US Code - Section 2623: Adoption of certain standards
Search 16 U.S.C. § 2623 : US Code - Section 2623: Adoption of certain standards
(a) Adoption of standards
Not later than two years after November 9, 1978, each State
regulatory authority (with respect to each electric utility for
which it has ratemaking authority), and each nonregulated electric
utility, shall provide public notice and conduct a hearing
respecting the standards established by subsection (b) of this
section and, on the basis of such hearing, shall -
(1) adopt the standards established by subsection (b) of this
section (other than paragraph (4) thereof) if, and to the extent,
such authority or nonregulated electric 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, and
(2) adopt the standard established by subsection (b)(4) of this
section if, and to the extent, such authority or nonregulated
electric utility determines that such adoption is appropriate and
consistent with otherwise applicable State law.
For purposes of any determination under paragraphs (1) or (2) and
any review of such determination in any court in accordance with
section 2633 of this title, the purposes of this chapter supplement
otherwise applicable State law. Nothing in this subsection
prohibits any State regulatory authority or nonregulated electric
utility from making any determination that it is not appropriate to
adopt any such standard, pursuant to its authority under otherwise
applicable State law.
(b) Establishment
The following Federal standards are hereby established:
(1) Master metering
To the extent determined appropriate under section 2625(d) of
this title, master metering of electric service in the case of
new buildings shall be prohibited or restricted to the extent
necessary to carry out the purposes of this chapter.
(2) Automatic adjustment clauses
No electric utility may increase any rate pursuant to an
automatic adjustment clause unless such clause meets the
requirements of section 2625(e) of this title.
(3) Information to consumers
Each electric utility shall transmit to each of its electric
consumers information regarding rate schedules in accordance with
the requirements of section 2625(f) of this title.
(4) Procedures for termination of electric service
No electric utility may terminate electric service to any
electric consumer except pursuant to procedures described in
section 2625(g) of this title.
(5) Advertising
No electric utility may recover from any person other than the
shareholders (or other owners) of such utility any direct or
indirect expenditure by such utility for promotional or political
advertising as defined in section 2625(h) of this title.
(c) Procedural requirements
Each State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each
nonregulated electric utility, within the two-year period specified
in subsection (a) of this section, shall (1) adopt, pursuant to
subsection (a) of this section, each of the standards established
by subsection (b) of this section, or, (2) with respect to any such
standard which is not adopted, such authority or nonregulated
electric utility shall state in writing that it has determined not
to adopt such standard, together with the reasons for such
determination. Such statement of reasons shall be available to the
public.
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