§ 2622. — Obligations to consider and determine.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2622]
TITLE 16--CONSERVATION
CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
SUBCHAPTER II--STANDARDS FOR ELECTRIC UTILITIES
Sec. 2622. Obligations to consider and determine
(a) Request for consideration and determination
Each State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each nonregulated
electric utility may undertake the consideration and make the
determination referred to in section 2621 of this title with respect to
any standard established by section 2621(d) of this title in any
proceeding respecting the rates of the electric utility. Any participant
or intervenor (including an intervenor referred to in section 2631 of
this title) in such a proceeding may request, and shall obtain, such
consideration and determination in such proceeding. In undertaking such
consideration and making such determination in any such proceeding with
respect to the application to any electric utility of any standard
established by section 2621(d) of this title, a State regulatory
authority (with respect to an electric utility for which it has
ratemaking authority) or nonregulated electric utility may take into
account in such proceeding--
(1) any appropriate prior determination with respect to such
standard--
(A) which is made in a proceeding which takes place after
November 9, 1978, or
(B) which was made before such date (or is made in a
proceeding pending on such date) and complies, as provided in
section 2634 of this title, with the requirements of this
chapter; and
(2) the evidence upon which such prior determination was based
(if such evidence is referenced in such proceeding).
(b) Time limitations
(1) Not later than 2 years after November 9, 1978 (or after October
24, 1992, in the case of standards under paragraphs (7), (8), and (9) of
section 2621(d) of this title), each State regulatory authority (with
respect to each electric utility for which it has ratemaking authority)
and each nonregulated electric utility shall commence the consideration
referred to in section 2621 of this title, or set a hearing date for
such consideration, with respect to each standard established by section
2621(d) of this title.
(2) Not later than three years after November 9, 1978 (or after
October 24, 1992, in the case of standards under paragraphs (7), (8),
and (9) of section 2621(d) of this title), each State regulatory
authority (with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric utility, shall
complete the consideration, and shall make the determination, referred
to in section 2621 of this title with respect to each standard
established by section 2621(d) of this title.
(c) Failure to comply
Each State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each nonregulated
electric utility shall undertake the consideration, and make the
determination, referred to in section 2621 of this title with respect to
each standard established by section 2621(d) of this title in the first
rate proceeding commenced after the date three years after November 9,
1978, respecting the rates of such utility if such State regulatory
authority or nonregulated electric utility has not, before such date,
complied with subsection (b)(2) of this section with respect to such
standard.
(Pub. L. 95-617, title I, Sec. 112, Nov. 9, 1978, 92 Stat. 3122; Pub. L.
102-486, title I, Sec. 111(c), Oct. 24, 1992, 106 Stat. 2795.)
Codification
``October 24, 1992'', referred to in subsec. (b)(1), (2), was in the
original ``the enactment of the Comprehensive National Energy Policy
Act'', and was translated as meaning the enactment of the Energy Policy
Act of 1992, Pub. L. 102-486, to reflect the probable intent of
Congress. The Comprehensive National Energy Policy Act was the original
short title of H.R. 776, which was enacted into law on Oct. 24, 1992, as
Pub. L. 102-486.
Amendments
1992--Subsec. (b)(1), (2). Pub. L. 102-486 inserted ``(or after
October 24, 1992, in the case of standards under paragraphs (7), (8),
and (9) of section 2621(d) of this title)''.
Section Referred to in Other Sections
This section is referred to in section 2621 of this title.
