
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7276b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7276b. Integrated resource plans


(a) Review by Western Area Power Administration

    Within 1 year after October 24, 1992, the Administrator shall, by 
regulation, revise the Final Amended Guidelines and Acceptance Criteria 
for Customer Conservation and Renewable Energy Programs published in the 
Federal Register on August 21, 1985 (50 F.R. 33892), or any subsequent 
amendments thereto, to require each customer to submit an integrated 
resource plan to the Administrator within 12 months after such 
regulations are amended. The regulation shall require a revision of such 
plan to be submitted every 5 years after the initial submission. The 
Administrator shall review the initial plan in accordance with a 
schedule established by the Administrator (which schedule will provide 
for the review of all initial plans within 24 months after such 
regulations are amended), and each revision thereof within 120 days 
after his receipt of the plan or revision and determine whether the 
customer has in the development of the plan or revision, complied with 
sections 7275 to 7276c of this title. Plan amendments may be submitted 
to the Administrator at any time and the Administrator shall review each 
such amendment within 120 days after receipt thereof to determine 
whether the customer in amending its plan has complied with sections 
7275 to 7276c of this title. If the Administrator determines that the 
customer, in developing its plan, revision, or amendment, has not 
complied with the requirements of sections 7275 to 7276c of this title, 
the customer shall resubmit the plan at any time thereafter. Whenever a 
plan or revision or amendment is resubmitted the Administrator shall 
review the plan or revision or amendment within 120 days after his 
receipt thereof to determine whether the customer has complied with 
sections 7275 to 7276c of this title.

(b) Criteria for approval of integrated resource plans

    The Administrator shall approve an integrated resource plan 
submitted as required under subsection (a) of this section if, in 
developing the plan, the customer has:
        (1) Identified and accurately compared all practicable energy 
    efficiency and energy supply resource options available to the 
    customer.
        (2) Included a 2-year action plan and a 5-year action plan which 
    describe specific actions the customer will take to implement its 
    integrated resource plan.
        (3) Designated ``least-cost options'' to be utilized by the 
    customer for the purpose of providing reliable electric service to 
    its retail consumers and explained the reasons why such options were 
    selected.
        (4) To the extent practicable, minimized adverse environmental 
    effects of new resource acquisitions.
        (5) In preparation and development of the plan (and each 
    revision or amendment of the plan) has provided for full public 
    participation, including participation by governing boards.
        (6) Included load forecasting.
        (7) Provided methods of validating predicted performance in 
    order to determine whether objectives in the plan are being met.
        (8) Met such other criteria as the Administrator shall require.

(c) Use of other integrated resource plans

    Where a customer or group of customers are implementing integrated 
resource planning under a program responding to Federal, State, or other 
initiatives, including integrated resource planning considered and 
implemented pursuant to section 2621(d) of title 16, in evaluating that 
customer's integrated resource plan under sections 7275 to 7276c of this 
title, the Administrator shall accept such plan as fulfillment of the 
requirements of sections 7275 to 7276c of this title to the extent such 
plan substantially complies with the requirements of sections 7275 to 
7276c of this title.

(d) Compliance with integrated resource plans

    Within 1 year after October 24, 1992, the Administrator shall, by 
regulation, revise the Final Amended Guidelines and Acceptance Criteria 
for Customer Conservation and Renewable Energy Programs published in the 
Federal Register on August 21, 1985 (50 F.R. 33892), or any subsequent 
amendments thereto, to require each customer to fully comply with the 
applicable integrated resource plan and submit an annual report to the 
Administrator (in such form and containing such information as the 
Administrator may require) describing the customer's progress to the 
goals established in such plan. After the initial review under 
subsection (a) of this section the Administrator shall periodically 
conduct reviews of a representative sample of applicable integrated 
resource plans and the customer's implementation of the applicable 
integrated resource plan to determine if the customers are in compliance 
with their plans. If the Administrator finds a customer out-of-
compliance, the Administrator shall impose a surcharge under this 
section on all electric energy purchased by the customer from the 
Western Area Power Administration or reduce such customer's power 
allocation by 10 percent, unless the Administrator finds that a good 
faith effort has been made to comply with the approved plan.

(e) Enforcement

                        (1) No approved plan

        If an integrated resource plan for any customer is not submitted 
    before the date 12 months after the guidelines are amended as 
    required under this section or if the plan is disapproved by the 
    Administrator and a revised plan is not resubmitted by the date 9 
    months after the date of such disapproval, the Administrator shall 
    impose a surcharge of 10 percent of the purchase price on all power 
    obtained by that customer from the Western Area Power Administration 
    after such date. The surcharge shall remain in effect until an 
    integrated resource plan is approved for that customer. If the plan 
    is not submitted for more than one year after the required date, the 
    surcharge shall increase to 20 percent for the second year (or any 
    portion thereof prior to approval of the plan) and to 30 percent 
    thereafter until the plan is submitted or the contract for the 
    purchase of power by such customer from the Western Area Power 
    Administration terminates.

              (2) Failure to comply with approved plan

        After approval by the Administrator of an applicable integrated 
    resource plan for any customer, the Administrator shall impose a 10 
    percent surcharge on all power purchased by such customer from the 
    Western Area Power Administration whenever the Administrator 
    determines that such customer's activities are not consistent with 
    the applicable integrated resource plan. The surcharge shall remain 
    in effect until the Administrator determines that the customer's 
    activities are consistent with the applicable integrated resource 
    plan. The surcharge shall be increased to 20 percent if the 
    customer's activities are out of compliance for more than one year 
    and to 30 percent after more than 2 years, except that no surcharge 
    shall be imposed if the customer demonstrates, to the satisfaction 
    of the Administrator, that a good faith effort has been made to 
    comply with the approved plan.

                  (3) Reduction in power allocation

        In the case of any customer subject to a surcharge under 
    paragraph (1) or (2), in lieu of imposing such surcharge the 
    Administrator may reduce such customer's power allocation from the 
    Western Area Power Administration by 10 percent. The Administrator 
    shall provide by regulation the terms and conditions under which a 
    power allocation terminated under this subsection may be reinstated.

(f) Integrated resource planning cooperatives

    With the approval of the Administrator, customers within any State 
or region may form integrated resource planning cooperatives for the 
purposes of complying with sections 7275 to 7276c of this title, and 
such customers shall be allowed an additional 6 months to submit an 
initial integrated resource plan to the Administrator.

(g) Customers with more than 1 contract

    If more than one long-term firm power service contract exists 
between the Administrator and a customer, only one integrated resource 
plan shall be required for that customer under sections 7275 to 7276c of 
this title.

(h) Program review

    Within 1 year after January 1, 1999, and at appropriate intervals 
thereafter, the Administrator shall initiate a public process to review 
the program established by this section. The Administrator is authorized 
at that time to revise the criteria set forth in subsection (b) of this 
section to reflect changes, if any, in technology, needs, or other 
developments.

(Pub. L. 98-381, title II, Sec. 204, as added Pub. L. 102-486, title I, 
Sec. 114, Oct. 24, 1992, 106 Stat. 2800.)

                          Codification

    Section was enacted as part of the Hoover Power Plant Act of 1984, 
and not as part of the Department of Energy Organization Act which 
comprises this chapter.

                  Section Referred to in Other Sections

    This section is referred to in sections 7275, 7276, 7276a, 7276c of 
this title.
