Page:United States Statutes at Large Volume 100 Part 1.djvu/977

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 941

quacy of procedures which are in effect to prevent such unfair, deceptive, or anticompetitive acts or practices; and (J) such other matters as the Comptroller General considers appropriate in order to assist the Congress in deciding the future of the programs carried out by the Residential Conservation Service. SEC. 105. TERMINATION.

(a) IN GENERAL.—Part I of title II of the National Energy Conservation Policy Act (42 U.S.C. 8211 and following), as amended by section 103, is amended by adding at the end the following new Ante, p. 935. section: "SEC. 228. TERMINATION.

42 USC 8229.

"Effective June 30, 1989, all authority, including the authority to enforce any prohibitions, under this part shall terminate, except that such expiration shall not affect any action or proceeding based upon an act committed prior to midnight June 30, 1989, and not finally determined by such date.". (b) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 103(c) of this Act, is amended by inserting after the item relating to section 227 the following new item: "Sec. 228. Termination.". SEC. 106. SUPPLY AND INSTALLATION BY PUBLIC UTILITIES.

(a) GENERAL EXEMPTION.—Section 216(d) of the National Energy Conservation Policy Act (42 U.S.C. 8217(d)) (relating to general exemptions from prohibitions on supply and installation) is amended— (1) by striking out "The" and inserting in lieu thereof: "(1) Except as provided in paragraph (2), the"; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (3) by adding at the end thereof the following new paragraph: "(2) Effective July 1, 1987, subparagraphs (A) and (B) of paragraph (1) shall not apply to the supply or installation of residential energy conservation measures other than measures which the Secretary determines were being installed or supplied by a public utility during the 12-month period ending June 1, 1985.". (b) PROHIBITION; ENFORCEMENT.—(1) Section 216 of such Act (42 U.S.C. 8217) (relating to prohibitions on supply and installations) is amended by striking out subsection (g)(2) and subsection (h) and inserting in lieu thereof the following: "(2) No public utility that has an exemption or waiver under this section may carry out under this Part and pursuant to an exemption or waiver any activity if the Federal Trade Commission, pursuant to subsection (h), or a State regulatory authority, pursuant to State law, has determined that such activity involves— "(A) charging unfair or unreasonable prices or rates of interest with respect to the supply and installation of residential energy conservation measures; or "(B) engaging in unfair methods of competition or unfair or deceptive acts or practices with respect to such supply and installation. "(h) ENFORCEMENT.—(1) For the purpose of determining whether a public utility which has an exemption or waiver under this section is

Effective date.

State and local governments. Post, p. 943.

Fraud.

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