
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8235c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 91--NATIONAL ENERGY CONSERVATION POLICY
 
             SUBCHAPTER II--RESIDENTIAL ENERGY CONSERVATION
 
             Part C--Residential Energy Efficiency Programs
 
Sec. 8235c. Approval of applications for plans for prototype 
        residential energy efficiency programs
        

(a) Approval requirements

    The Secretary may approve an application submitted under section 
8235b of this title for a plan establishing a prototype residential 
energy efficiency program only if--
        (1) the application is approved in writing--
            (A) by the public utility which is to enter into the 
        contract under the plan;
            (B) by the State regulatory authority having ratemaking 
        authority over such public utility, in the case of a regulated 
        utility; and
            (C) by the Governor (or any State agency specifically 
        authorized under State law to approve such plans) of the State 
        whose government is submitting the application (if the 
        application is submitted by a State government) or of the State 
        in which the local government is located (if the application is 
        submitted by a local government); and

        (2) the application has been published, a public hearing on the 
    application has been conducted, after notice to the public, at which 
    representatives of the public utility which is to enter into the 
    contract under the plan, persons engaged in the supply or 
    installation of residential energy conservation measures, and 
    members of the public (including ratepayers of such public utility 
    and other interested individuals) had an opportunity to provide 
    comment on the application, and any amendments to the application, 
    which may be made to take into account the proceedings of the 
    hearing, are made.

(b) Factors in approving applications

    The Secretary shall take into consideration in approving an 
application under subsection (a) of this section for a plan establishing 
a prototype residential energy efficiency program--
        (1) the potential for energy savings from the demonstration of 
    the program;
        (2) the likelihood that the value of the energy saved by public 
    utilities under the program will be sufficient to cover the 
    estimated cost of the energy conservation measures to be supplied 
    and installed under the program;
        (3) the anticipated effects of the program on competition in the 
    portion of the service area of the public utility designated in the 
    contract entered into under the plan; and
        (4) such other factors as the Secretary determines are 
    appropriate.

(Pub. L. 95-619, title II, Sec. 264, as added Pub. L. 96-294, title V, 
Sec. 562, June 30, 1980, 94 Stat. 748.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8235a, 8235b of this title.
