Page:United States Statutes at Large Volume 100 Part 1.djvu/973

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 937

"(2) Except as provided in paragraph (3), if any determination by the Secretary that the alternative State plan has not been adequately implemented becomes final and may not be appealed, the Secretary shall, within 30 days of the date on which the determination may no longer be appealed, initiate standby authority under section 219 with respect to such State. "(3) If a State which had an approved plan in effect under section 212 on the day before the date on which certification was made under this section informs the Secretary in writing, within 30 days after receiving a copy of the petition described in paragraph (1), that it will no longer implement a plan certified under this section and that it will implement the approved plan which was in effect in the State on the day before certification of the alternative plan under this section, then— "(A) the determinations and actions described in paragraph (1) may not be carried out; and "(B) sections 212 through 219 shall apply in such State except to the extent that waivers are provided for utilities under section 227 in such State. "(g) COVERAGE.—A plan certified under this section shall not apply to utilities other than utilities covered under section 211(a). "(h) INCLUSION OF NONREGULATED UTIUTIES.—A nonregulated utility may not be included in a plan under this section unless such inclusion is authorized under State law or the nonregulated utility agrees to such inclusion. "(i) INCENTIVES.—The entity in charge of a plan under this section, or a State regulatory authority, may, to the extent permitted under State law, provide incentives for utilities to meet the goals contained in the State's alternative plan, including providing such utilities that meet or exceed such goals with a rate of return on expenditures made for the purpose of accomplishing such goals.

Ante, p. 933. 42 USC 8213.

Utilities. Infra. Utilities. 42 USC 8212.

Utilities.

"(j) UTILITIES WITH RETAIL SERVICE TERRITORIES IN MORE THAN 1

STATE.—For purposes of this section, any utility with a retail service territory in more than one State shall be considered to be a separate utility with respect to each State in which its retail service territory is located. "(k) AMENDMENT OF A PLAN.—(1) Except as provided by paragraph (2), a plan certified under this section may be amended by any amendment— "(A) consistent with the requirements of subsection (c); and "(B) certified to the Secretary of Energy in a manner consistent with the requirements applicable to the certification of a ^ plan under subsection (d). - "(2) A plan certified under this section may not be amended— "(A) during the first year after it is certified; or "(B) more than once a year thereafter.

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"SEC. 227. WAIVER FOR REGULATED AND NONREGULATED UTILITIES. 42 USC 8228.

"(a) WAIVER.—Any utility subject to this part may, upon request, receive a waiver from the Secretary from any provision of this part or from any provision of a State residential energy conservation plan under this part if the utility shows in appropriate State proceedings and the appropriate State officials find that— "(1) the existing and planned residential energy conservation programs that will be implemented by the utility if a waiver from such provision is approved will result in savings in petroleum, natural gas or electric energy consumed in residential

State and local governments.

Petroleum and petroleum products. Natural gas.

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