
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: 16USC2623]

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

(Pub. L. 95-617, title I, Sec. 113, Nov. 9, 1978, 92 Stat. 3123.)

                  Section Referred to in Other Sections

    This section is referred to in sections 2625, 2626, 2627, 2641 of 
this title.
