
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: 16USC2643]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
 
                SUBCHAPTER IV--ADMINISTRATIVE PROVISIONS
 
Sec. 2643. Gathering information on costs of service


(a) Information required to be gathered

    Each electric utility shall periodically gather information under 
such rules (promulgated by the Commission) as the Commission determines 
necessary to allow determination of the costs associated with providing 
electric service. For purposes of this section, and for purposes of any 
consideration and determination respecting the standard established by 
section 2621(d)(2) of this title, such costs shall be separated, to the 
maximum extent practicable, into the following components: customer cost 
component, demand cost component, and energy cost component. Rules under 
this subsection shall include requirements for the gathering of the 
following information with respect to each electric utility--
        (1) the costs of serving each electric consumer class, including 
    costs of serving different consumption patterns within such class, 
    based on voltage level, time of use, and other appropriate factors;
        (2) daily kilowatt demand load curves for all electric consumer 
    classes combined representative of daily and seasonal differences in 
    demand, and daily kilowatt demand load curves for each electric 
    consumer class for which there is a separate rate, representative of 
    daily and seasonal differences in demand;
        (3) annual capital, operating, and maintenance costs--
            (A) for transmission and distribution services, and
            (B) for each type of generating unit; and

        (4) costs of purchased power, including representative daily and 
    seasonal differences in the amount of such costs.

Such rules shall provide that information required to be gathered under 
this section shall be presented in such categories and such detail as 
may be necessary to carry out the purposes of this section.

(b) Commission rules

    The Commission shall, within 180 days after November 9, 1978, by 
rule, prescribe the methods, procedure, and format to be used by 
electric utilities in gathering the information described in this 
section. Such rules may provide for the exemption by the Commission of 
an electric utility or class of electric utilities from gathering all or 
part of such information, in cases where such utility or utilities show 
and the Commission finds, after public notice and opportunity for the 
presentation of written data, views, and arguments, that gathering such 
information is not likely to carry out the purposes of this section. The 
Commission shall periodically review such findings and may revise such 
rules.

(c) Filing and publication

    Not later than two years after November 9, 1978, and periodically, 
but not less frequently than every two years thereafter, each electric 
utility shall file with--
        (1) the Commission, and
        (2) any State regulatory authority which has ratemaking 
    authority for such utility,

the information gathered pursuant to this section and make such 
information available to the public in such form and manner as the 
Commission shall prescribe. In addition, at the time of application for, 
or proposal of, any rate increase, each electric utility shall make such 
information available to the public in such form and manner as the 
Commission shall prescribe. The two-year period after November 9, 1978, 
specified in this subsection may be extended by the Commission for a 
reasonable additional period in the case of any electric utility for 
good cause shown.

(d) Enforcement

    For purposes of enforcement, any violation of a requirement of this 
section shall be treated as a violation of a provision of the Energy 
Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et 
seq.] enforceable under section 12 of such Act [15 U.S.C. 797] 
(notwithstanding any expiration date in such Act) except that in 
applying the provisions of such section 12 any reference to the Federal 
Energy Administrator shall be treated as a reference to the Commission.

(Pub. L. 95-617, title I, Sec. 133, Nov. 9, 1978, 92 Stat. 3132.)

                       References in Text

    The Energy Supply and Environmental Coordination Act of 1974, 
referred to in subsec. (d), is Pub. L. 93-319, June 22, 1974, 88 Stat. 
246, as amended, which is classified principally to chapter 16C 
(Sec. 791 et seq.) of Title 15, Commerce and Trade. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 791 of Title 15 and Tables.
