Page:United States Statutes at Large Volume 100 Part 1.djvu/972

 100 STAT. 936

PUBLIC LAW 99-412—AUG. 28, 1986

"(C) the plan will be adequately implemented. "(2) If a form is not made available by the Secretary within 90 days after the date of the enactment of this section, the entity in charge of certifying the plan may make such certification on a form prescribed by such entity. "(3) Any certification under this subsection shall include a detailed explanation of the manner in which the contents of the plan will be implemented. "(e) ANNUAL REPORT.—(1) The entity which certifies a plan under subsection (d) shall submit an annual report to the Secretary, within 60 days after the end of the 1-year period to which the report relates, describing the implementation of the plan and the results thereof. ^r^^ V J "(2) Such report shall include— "(A) a statement of the number of residential buildings receiv• ing benefits under the plan, "(B) an estimate of the actual energy savings resulting from the plan and a description of the sources of such savings, "(C) a statement of the percentage of individuals with low and '•' • '•^ moderate incomes who receive benefits under the plan, "(D) a detailed description of the benefits provided under the plan and of how the plan is implemented, and ,. "(E) the names of the entities carrying out the plan. "(3) The first such report shall be made by an entity within the 14month period that begins with the date that such entity certified a plan under this section. Utilities.

"(f) ADMINISTRATION AND JUDICIAL ENFORCEMENT PROCEEDINGS.—

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Federal Register, publication.

5 USC note prec. 551.

(1)(A) At any time more than 1 year after an alternative State plan has been certified under subsection (d) with respect to a State, any customer of a utility subject to such alternative State plan may petition the Secretary of Energy to conduct a public hearing to determine if the alternative State plan has been adequately implemented. A copy of such petition shall be transmitted to the entity in » charge of the plan on the same date it is transmitted to the Secretary. "(B) Within 60 days after the date on which a petition is received under subparagraph (A), the Secretary shall— "(i) conduct the hearing requested in such petition; or "(ii) notify in writing the customer submitting such petition of not justified in the public interest. "(C) The Secretary shall provide advance notice to the public of any hearing carried out as a result of a petition submitted under subparagraph (A). Any determination by the Secretary concerning the adequacy of the implementation of any alternative State plan shall be on the record and shall be published in the Federal Register within 60 days after such determination is made. "(D) Any person alleging that he is likely to be injured as a result of a determination by the Secretary under this paragraph may, within 60 days after publication or notification of such determination, institute an action appealing the determination in the United States Court of Appeals for the appropriate judicial circuit. The Court shall review the determination of the Secretary in accordance with the Administrative Procedures Act, and shall have jurisdiction to affirm, modify, set aside, in whole or in part, or to remand such determination to the Secretary for such other action as the Court may direct.
 * r the Secretary's reasons for determining that such a hearing is

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