§ 2602. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2602]
TITLE 16--CONSERVATION
CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
Sec. 2602. Definitions
As used in this Act, except as otherwise specifically provided--
(1) The term ``antitrust laws'' includes the Sherman Antitrust
Act (15 U.S.C. 1 and following), the Clayton Act (15 U.S.C. 12 and
following), the Federal Trade Commission Act (15 U.S.C. 14[41] and
following), the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act
of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A).
(2) The term ``class'' means, with respect to electric
consumers, any group of such consumers who have similar
characteristics of electric energy use.
(3) The term ``Commission'' means the Federal Energy Regulatory
Commission.
(4) The term ``electric utility'' means any person, State
agency, or Federal agency, which sells electric energy.
(5) The term ``electric consumer'' means any person, State
agency, or Federal agency, to which electric energy is sold other
than for purposes of resale.
(6) The term ``evidentiary hearing'' means--
(A) in the case of a State agency, a proceeding which (i) is
open to the public, (ii) includes notice to participants and an
opportunity for such participants to present direct and rebuttal
evidence and to cross-examine witnesses, (iii) includes a
written decision, based upon evidence appearing in a written
record of the proceeding, and (iv) is subject to judicial
review;
(B) in the case of a Federal agency, a proceeding conducted
as provided in sections 554, 556, and 557 of title 5; and
(C) in the case of a proceeding conducted by any entity
other than a State or Federal agency, a proceeding which
conforms, to the extent appropriate, with the requirements of
subparagraph (A).
(7) The term ``Federal agency'' means an executive agency (as
defined in section 105 of title 5).
(8) The term ``load management technique'' means any technique
(other than a time-of-day or seasonal rate) to reduce the maximum
kilowatt demand on the electric utility, including ripple or radio
control mechanisms, and other types of interruptible electric
service, energy storage devices, and load-limiting devices.
(9) The term ``nonregulated electric utility'' means any
electric utility other than a State regulated electric utility.
(10) The term ``rate'' means (A) any price, rate, charge, or
classification made, demanded, observed, or received with respect to
sale of electric energy by an electric utility to an electric
consumer, (B) any rule, regulation, or practice respecting any such
rate, charge, or classification, and (C) any contract pertaining to
the sale of electric energy to an electric consumer.
(11) The term ``ratemaking authority'' means authority to fix,
modify, approve, or disapprove rates.
(12) The term ``rate schedule'' means the designation of the
rates which an electric utility charges for electric energy.
(13) The term ``sale'' when used with respect to electric energy
includes any exchange of electric energy.
(14) The term ``Secretary'' means the Secretary of Energy.
(15) The term ``State'' means a State, the District of Columbia,
and Puerto Rico.
(16) The term ``State agency'' means a State, political
subdivision thereof, and any agency or instrumentality of either.
(17) The term ``State regulatory authority'' means any State
agency which has ratemaking authority with respect to the sale of
electric energy by any electric utility (other than such State
agency), and in the case of an electric utility with respect to
which the Tennessee Valley Authority has ratemaking authority, such
term means the Tennessee Valley Authority.
(18) The term ``State regulated electric utility'' means any
electric utility with respect to which a State regulatory authority
has ratemaking authority.
(19) The term ``integrated resource planning'' means, in the
case of an electric utility, a planning and selection process for
new energy resources that evaluates the full range of alternatives,
including new generating capacity, power purchases, energy
conservation and efficiency, cogeneration and district heating and
cooling applications, and renewable energy resources, in order to
provide adequate and reliable service to its electric customers at
the lowest system cost. The process shall take into account
necessary features for system operation, such as diversity,
reliability, dispatchability, and other factors of risk; shall take
into account the ability to verify energy savings achieved through
energy conservation and efficiency and the projected durability of
such savings measured over time; and shall treat demand and supply
resources on a consistent and integrated basis.
(20) The term ``system cost'' means all direct and quantifiable
net costs for an energy resource over its available life, including
the cost of production, distribution, transportation, utilization,
waste management, and environmental compliance.
(21) The term ``demand side management'' includes load
management techniques.
(Pub. L. 95-617, Sec. 3, Nov. 9, 1978, 92 Stat. 3119; Pub. L. 102-486,
title I, Sec. 111(d), Oct. 24, 1992, 106 Stat. 2796.)
References in Text
This Act, referred to in text, is Pub. L. 95-617, Nov. 9, 1978, 92
Stat. 3117, as amended, known as the Public Utility Regulatory Policies
Act of 1978. For complete classification of this Act to the Code, see
Short Title note set out under section 2601 of this title and Tables.
The Sherman Antitrust Act (15 U.S.C. 1 and following), referred to
in par. (1), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended,
which enacted sections 1 to 7 of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title note
set out under section 1 of Title 15 and Tables.
The Clayton Act (15 U.S.C. 12 and following), referred to in par.
(1), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is
classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27
of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29,
Labor. For further details and complete classification of this Act to
the Code, see References in Text note set out under section 12 of Title
15 and Tables.
The Federal Trade Commission Act (15 U.S.C. 14 and following),
referred to in par. (1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
as amended, which is classified generally to subchapter I (Sec. 41 et
seq.) of chapter 2 of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 58 of Title 15 and
Tables.
The Wilson Tariff Act (15 U.S.C. 8 and 9), referred to in par. (1),
is sections 73 to 77 of act Aug. 27, 1894, ch. 349, 28 Stat. 570.
Sections 73 to 76 enacted sections 8 to 11 of Title 15, Commerce and
Trade. Section 77 of said Act was not classified to the Code. For
complete classification of this Act to the Code, see Short Title note
under section 8 of Title 15 and Tables.
Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A),
referred to in par. (1), is act June 19, 1936, ch. 592, 49 Stat. 1526,
popularly known as the Robinson-Patman Antidiscrimination Act and also
as the Robinson-Patman Price Discrimination Act, which enacted sections
13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section
13 of Title 15. For complete classification of this Act to the Code, see
Short Title note set out under section 13 of Title 15 and Tables.
Codification
This section was not enacted as part of title I of Pub. L. 95-617
which comprises this chapter.
Amendments
1992--Pars. (19) to (21). Pub. L. 102-486 added pars. (19) to (21).
Section Referred to in Other Sections
This section is referred to in sections 796, 2627 of this title;
title 42 sections 2296b-7, 6807, 6807a, 7276c.
