Page:United States Statutes at Large Volume 100 Part 1.djvu/971

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 935

Secretary of Energy, within one hundred and twenty days of the date of enactment of this Act, that the amendments made by subsections (a), (d), and (e) of this section shall be implemented for the duration of such plan. The Secretary may not impose any other notice or approval requirement on a Governor or agency or instrumentality of a State with respect to such amendments. SEC. 103. ALTERNATIVE PLANS FOR RESIDENTIAL BUILDINGS.

(a) IN GENERAL.—The National Energy Conservation Policy Act (42 U.S.C. 8201 et seq.) is amended by inserting the following new sections after section 225: "SEC. 226. ALTERNATIVE STATE PLANS.

"(a) IN GENERAL.—A Governor of any State, any State regulatory authority, or any agency or instrumentality of a State may elect, to the extent authorized under State law, to formulate and certify an alternative State plan for residential buildings under this section. "(b) CONSEQUENCES OF CERTIFICATION.—(1) Beginning with the date on which the certification of a plan is made with respect to a State under subsection (d) and ending with the date on which a plan is no longer in effect under this section with respect to such State— "(A) subsections (a) through (c)(3) of section 212, sections 213 through 215 and sections 217 and 218 shall not apply with respect to— "(i) regulated utilities in such State, and J, "(ii) nonregulated utilities which are included in the plan; "(B) section 219 shall apply to utilities described in subparagraph (A) only to the extent provided for in subsection (f); and ^ "(C) sections 212 through 219 shall apply to nonregulated utilities which are not included in the plan or which have not received an exemption under section 227. "(2) Except as provided in subsection (f), any State for which a plan is certified under subsection (d) shall continue to have such plan in effect until June 30, 1989. "(c) CONTENT OF PLAN.—A plan certified pursuant to this section shall— "(1) be designed to result in annual residential energy con* servation savings of 2 percent or more; "(2) contain the goals established for the plan and an analysis of the data and rationale used by the entity in charge of ^ formulating the plan to determine that the plan is likely to " achieve such goals; ^ h "(3) contain adequate procedures to assure that, if a public • utility supplies or installs residential energy conservation meas"^ ures, such actions shall be consistent with section 216 and prices and rates of interest charged shall be fair and reasonable; and "(4) contain adequate procedures for preventing unfair, deceptive, or anticompetitive acts or practices affecting commerce which relate to the implementation of such plan. "(d) CERTIFICATION.—(1) The entity which elects to certify a plan under this section shall certify, pursuant to a form to be prescribed by the Secretary (ex;cept as provided by paragraph (2)), to the Secretary that— "(A) the plan meets the requirements of subsection (c); 3 "(B) the plan is likely to achieve the goals established for the plan if it is adequately implemented; and

42 USC 8227.

Utilities.

42 USC 82138216, 8218, 8219.

Ante, p. 933.

Post, p. 937. Termination date.

Utilities. 42 USC 8217. Fraud. Business and industry.

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