
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC2622]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
 
             SUBCHAPTER II--STANDARDS FOR ELECTRIC UTILITIES
 
Sec. 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.

(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.

(Pub. L. 95-617, title I, Sec. 112, Nov. 9, 1978, 92 Stat. 3122; Pub. L. 
102-486, title I, Sec. 111(c), Oct. 24, 1992, 106 Stat. 2795.)

                          Codification

    ``October 24, 1992'', referred to in subsec. (b)(1), (2), was in the 
original ``the enactment of the Comprehensive National Energy Policy 
Act'', and was translated as meaning the enactment of the Energy Policy 
Act of 1992, Pub. L. 102-486, to reflect the probable intent of 
Congress. The Comprehensive National Energy Policy Act was the original 
short title of H.R. 776, which was enacted into law on Oct. 24, 1992, as 
Pub. L. 102-486.


                               Amendments

    1992--Subsec. (b)(1), (2). Pub. L. 102-486 inserted ``(or after 
October 24, 1992, in the case of standards under paragraphs (7), (8), 
and (9) of section 2621(d) of this title)''.

                  Section Referred to in Other Sections

    This section is referred to in section 2621 of this title.
