§ 2623. — Adoption of certain standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2623]
TITLE 16--CONSERVATION
CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
SUBCHAPTER II--STANDARDS FOR ELECTRIC UTILITIES
Sec. 2623. Adoption of certain standards
(a) Adoption of standards
Not later than two years after November 9, 1978, each State
regulatory authority (with respect to each electric utility for which it
has ratemaking authority), and each nonregulated electric utility, shall
provide public notice and conduct a hearing respecting the standards
established by subsection (b) of this section and, on the basis of such
hearing, shall--
(1) adopt the standards established by subsection (b) of this
section (other than paragraph (4) thereof) if, and to the extent,
such authority or nonregulated electric utility determines that such
adoption is appropriate to carry out the purposes of this chapter,
is otherwise appropriate, and is consistent with otherwise
applicable State law, and
(2) adopt the standard established by subsection (b)(4) of this
section if, and to the extent, such authority or nonregulated
electric utility determines that such adoption is appropriate and
consistent with otherwise applicable State law.
For purposes of any determination under paragraphs (1) or (2) and any
review of such determination in any court in accordance with section
2633 of this title, the purposes of this chapter supplement otherwise
applicable State law. Nothing in this subsection prohibits any State
regulatory authority or nonregulated electric utility from making any
determination that it is not appropriate to adopt any such standard,
pursuant to its authority under otherwise applicable State law.
(b) Establishment
The following Federal standards are hereby established:
(1) Master metering
To the extent determined appropriate under section 2625(d) of
this title, master metering of electric service in the case of new
buildings shall be prohibited or restricted to the extent necessary
to carry out the purposes of this chapter.
(2) Automatic adjustment clauses
No electric utility may increase any rate pursuant to an
automatic adjustment clause unless such clause meets the
requirements of section 2625(e) of this title.
(3) Information to consumers
Each electric utility shall transmit to each of its electric
consumers information regarding rate schedules in accordance with
the requirements of section 2625(f) of this title.
(4) Procedures for termination of electric service
No electric utility may terminate electric service to any
electric consumer except pursuant to procedures described in section
2625(g) of this title.
(5) Advertising
No electric utility may recover from any person other than the
shareholders (or other owners) of such utility any direct or
indirect expenditure by such utility for promotional or political
advertising as defined in section 2625(h) of this title.
(c) Procedural requirements
Each State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each nonregulated
electric utility, within the two-year period specified in subsection (a)
of this section, shall (1) adopt, pursuant to subsection (a) of this
section, each of the standards established by subsection (b) of this
section, or, (2) with respect to any such standard which is not adopted,
such authority or nonregulated electric utility shall state in writing
that it has determined not to adopt such standard, together with the
reasons for such determination. Such statement of reasons shall be
available to the public.
(Pub. L. 95-617, title I, Sec. 113, Nov. 9, 1978, 92 Stat. 3123.)
Section Referred to in Other Sections
This section is referred to in sections 2625, 2626, 2627, 2641 of
this title.
