§ 2643. — Gathering information on costs of service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2643]
TITLE 16--CONSERVATION
CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
SUBCHAPTER IV--ADMINISTRATIVE PROVISIONS
Sec. 2643. Gathering information on costs of service
(a) Information required to be gathered
Each electric utility shall periodically gather information under
such rules (promulgated by the Commission) as the Commission determines
necessary to allow determination of the costs associated with providing
electric service. For purposes of this section, and for purposes of any
consideration and determination respecting the standard established by
section 2621(d)(2) of this title, such costs shall be separated, to the
maximum extent practicable, into the following components: customer cost
component, demand cost component, and energy cost component. Rules under
this subsection shall include requirements for the gathering of the
following information with respect to each electric utility--
(1) the costs of serving each electric consumer class, including
costs of serving different consumption patterns within such class,
based on voltage level, time of use, and other appropriate factors;
(2) daily kilowatt demand load curves for all electric consumer
classes combined representative of daily and seasonal differences in
demand, and daily kilowatt demand load curves for each electric
consumer class for which there is a separate rate, representative of
daily and seasonal differences in demand;
(3) annual capital, operating, and maintenance costs--
(A) for transmission and distribution services, and
(B) for each type of generating unit; and
(4) costs of purchased power, including representative daily and
seasonal differences in the amount of such costs.
Such rules shall provide that information required to be gathered under
this section shall be presented in such categories and such detail as
may be necessary to carry out the purposes of this section.
(b) Commission rules
The Commission shall, within 180 days after November 9, 1978, by
rule, prescribe the methods, procedure, and format to be used by
electric utilities in gathering the information described in this
section. Such rules may provide for the exemption by the Commission of
an electric utility or class of electric utilities from gathering all or
part of such information, in cases where such utility or utilities show
and the Commission finds, after public notice and opportunity for the
presentation of written data, views, and arguments, that gathering such
information is not likely to carry out the purposes of this section. The
Commission shall periodically review such findings and may revise such
rules.
(c) Filing and publication
Not later than two years after November 9, 1978, and periodically,
but not less frequently than every two years thereafter, each electric
utility shall file with--
(1) the Commission, and
(2) any State regulatory authority which has ratemaking
authority for such utility,
the information gathered pursuant to this section and make such
information available to the public in such form and manner as the
Commission shall prescribe. In addition, at the time of application for,
or proposal of, any rate increase, each electric utility shall make such
information available to the public in such form and manner as the
Commission shall prescribe. The two-year period after November 9, 1978,
specified in this subsection may be extended by the Commission for a
reasonable additional period in the case of any electric utility for
good cause shown.
(d) Enforcement
For purposes of enforcement, any violation of a requirement of this
section shall be treated as a violation of a provision of the Energy
Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et
seq.] enforceable under section 12 of such Act [15 U.S.C. 797]
(notwithstanding any expiration date in such Act) except that in
applying the provisions of such section 12 any reference to the Federal
Energy Administrator shall be treated as a reference to the Commission.
(Pub. L. 95-617, title I, Sec. 133, Nov. 9, 1978, 92 Stat. 3132.)
References in Text
The Energy Supply and Environmental Coordination Act of 1974,
referred to in subsec. (d), is Pub. L. 93-319, June 22, 1974, 88 Stat.
246, as amended, which is classified principally to chapter 16C
(Sec. 791 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set out
under section 791 of Title 15 and Tables.
