Page:United States Statutes at Large Volume 100 Part 1.djvu/974

 100 STAT. 938

Fraud. Business and industry.

State and local governments.

Uiili

42 USC 8213.

State and local governments.

Reports.

State and local governments.

PUBLIC LAW 99-412—AUG. 28, 1986

buildings served by the utility that are equal to or greater than the savings that would be achieved in connection with a properly implemented State residential conservation service plan under this part; and "(2) adequate procedures are in effect that prevent unfair, deceptive or anticompetitive acts or practices affecting commerce that relate to the implementation of such residential energy conservation programs, including provisions to assure that any person who alleges any injury resulting from unfair, deceptive or anticompetitive acts or practices in connection with such programs shall be entitled to redress under such procedures as may be established by the Governor in the State in which the utility provides utility service. "Ob) DEFINITION.—For purposes of this section the term 'residential energy conservation program' means any program carried out by a utility that has as its purpose— "(1) increasing the efficiency with which petroleum, natural gas or electric energy is consumed in residential buildings served by such utility; or "(2) utilizing solar or other forms of renewable energy in residential buildings served by such utility. "(c) APPROVAL.—The Secretary shall approve a request of a utility for a waiver under subsection (a) if the Secretary determines that— "(1) opportunity for a hearing on the request for a waiver has been provided in the State in which the utility provides utility service; and "(2) in the case of a regulated utility, the Governor of the State in which the utility provides utility service and the State regulatory authority that has ratemaking authority with respect to such utility both— ,, "(A) find that the showings under subsections (a)(1) and (2) are sufficient; and "(B) support the request by the utility for the waiver; or "(3) in the case of a nonregulated utility subject to a State residential energy conservation plan under section 212(c)(2), the Governor of the State in which the utility provides utility service— "(A) finds that the showings under subsections (a)(1) and h^, (2) are sufficient; and "(B) supports the request by the utility for the waiver. "(d) ANNUAL REVIEW AND REVOCATION OF WAIVER.—(1) The provi-

sions of this subsection do not apply to a nonregulated utility unless such utility is subject to a State residential energy conservation plan under section 212(c)(2). "(2) Any utility that receives a waiver under this section shall provide the Governor of the State in which that utility provides utility service with an annual report describing the performance of its residential energy conservation programs in relation to the showings of such utility under subsections (a)(1) and (2). "(3) The Secretary shall revoke any waiver received by a utility under this section upon a request under this subsection by the Governor of the State in which the utility provides utility service. Such a request shall be made upon a finding— "(A) in the case of a regulated utility, by such Governor with the concurrence of the State regulatory authority that has ratemaking authority with respect to such utility; or

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