Page:United States Statutes at Large Volume 106 Part 4.djvu/59

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2795 Subtitle B—Utilities SEC. 111. ENCOURAGEMENT OF INVESTMENTS IN CONSERVATION AND ENERGY EFFICIENCY BY ELECTRIC UTILITIES. (a) AMENDMENT TO THE PUBLIC UTILITY REGULATORY POUCIES ACT.—The Public Utility Regulatory Policies Act of 1978 (P.L. 95- 617; 92 Stat. 3117; 16 U.S.C. 2601 and following) is amended 16 USC 2621. by adding the following at the end of section 111(d): "(7) INTEGRATED RESOURCE PLANNING.— Each electric utility shall employ integrated resource planning. All plans or filings before a State regulatory authority to meet the requirements of this paragraph must be updated on a regular basis, must provide the opportiuiity for public participation and comment, and contain a requirement that the plan be implemented. "(8) INVESTMENTS IN CONSERVATION AND DEMAND MANAGE- MENT.—The rates allowed to be charged by a State regulated electric utility shall be such that the utility's investment in and expenditures for energy conservation, energy efficiency resources, and other demand side management measiures are at least as profitable, giving appropriate consideration to income lost from reduced sales due to investments in and expenditiires for conservation and efficiency, as its investments in and expenditures for the construction of new generation, transmission, and distribution equipment. Such energy conservation, energy efficiency resources and other demand side management measures shall be appropriately monitored and evaluated. "(9) ENERGY EFFICIENCY INVESTMENTS IN POWER GENERA- TION AND SUPPLY.—The rates charged by any electric utility shall be such that the utility is encouraged to make investments in, and expenditures for, all cost-effective improvements in the energy efficiency of power generation, transmission and distribution. In considering regulatory changes to achieve the objectives of this paragraph. State regulatory authorities and nonregulated electric utilities shall consider the disincentives caused by existing ratemaking policies, and practices, and consider incentives that would encourage better maintenance, and investment in more efficient power generation, transmission and distribution equipment.". (b) PROTECTION FOR SMALL BUSINESS.— The Public Utility Regulatory Policies Act of 1978 (Public Law 95-617; 92 Stat. 3117; 16 U.S.C. 2601 and following) is amended by inserting the following new paragraph at the end of subsection 111(c): "(3) If a State regvdatory authority implements a standard established by subsection (d)(7) or (8), such authority shall— ''(A) consider the impact that implementation of such standard would have on small businesses engaged in the design, sale, supply, installation or servicing of energy conservation, energy efficiency or other demand side management measures, and "(B) implement such standard so as to assure that utility actions would not provide such utilities with unfair competitive advantages over such small businesses.". (c) EFFECTIVE DATE.—Section 112(b) of such Act is amended 16 USC 2622. by inserting "(or after the enactment of the Comprehensive National Energy Policy Act in the case of standards under paragraphs (7),

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