
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: 42USC8484]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                SUBCHAPTER VIII--MISCELLANEOUS PROVISIONS
 
Sec. 8484. Electric utility conservation plan


(a) Applicability

    An electric utility is subject to this subsection \1\ if--
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    \1\ So in original. Probably should be ``section''.
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        (1) the utility owns or operates any existing electric 
    powerplant in which natural gas was used as a primary energy source 
    at any time during the 1-year period ending on August 13, 1981, and
        (2) the utility plans to use natural gas as a primary energy 
    source in any electric powerplant.

(b) Submission and approval of plan

    The Secretary shall require each electric utility subject to this 
section to--
        (1) submit, within 1 year after August 13, 1981, and have 
    approved by the Secretary, a conservation plan which meets the 
    requirements of subsection (c) of this section; and
        (2) implement such plan during the 5-year period beginning on 
    the date of the initial approval of such plan.

(c) Contents of plan

    (1) Any conservation plan under this section shall set forth means 
determined by the utility to achieve conservation of electric energy not 
later than the 5th year after its initial approval at a level, measured 
on an annual basis, at least equal to 10 percent of the electric energy 
output of that utility during the most recent 4 calendar quarters ending 
prior to August 13, 1981, which is attributable to natural gas.
    (2) The conservation plan shall include--
        (A) all activities required for such utility by part 1 of title 
    II of the National Energy Conservation Policy Act [42 U.S.C. 8211 et 
    seq.];
        (B) an effective public information program for conservation; 
    and
        (C) such other measures as the utility may consider appropriate.

    (3) Any such plan may set forth a program for the use of renewable 
energy sources (other than hydroelectric power).
    (4) Any such plan shall contain procedures to permit the amounts 
expended by such utility in developing and implementing the plan to be 
recovered in a manner specified by the appropriate State regulatory 
authority (or by the utility in the case of a nonregulated utility).

(d) Plan approval

    (1) The Secretary shall, by order, approve or disapprove any 
conservation plan proposed under this subsection \1\ by an electric 
utility within 120 days after its submission. The Secretary shall 
approve any such proposed plan unless the Secretary finds that such plan 
does not meet the requirements of subsection (c) of this section and 
states in writing the reasons therefor.
    (2) In the event the Secretary disapproves under paragraph (1) the 
plan originally submitted, the Secretary shall provide a reasonable 
period of time for resubmission.
    (3) An electric utility may amend any approved plan, except that the 
plan as amended shall be subject to approval in accordance with 
paragraph (1).

(Pub. L. 95-620, title VIII, Sec. 808, as added Pub. L. 97-35, title X, 
Sec. 1023(a), Aug. 13, 1981, 95 Stat. 616.)

                       References in Text

    The National Energy Conservation Policy Act, referred to in subsec. 
(c)(2)(A), is Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3208, as amended. 
Part 1 of title II of the National Energy Conservation Policy Act was 
classified generally to part A (Sec. 8211 et seq.) of subchapter II of 
chapter 91 of this title, and was omitted from the Code pursuant to 
section 8229 of this title which terminated authority under that part 
June 30, 1989. For complete classification of this Act to the Code, see 
Short Title note set out under section 8201 of this title and Tables.


                             Effective Date

    Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97-35, 
set out as an Effective Date of 1981 Amendment note under section 6240 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8422 of this title.
