Page:United States Statutes at Large Volume 121.djvu/1653

 121 STAT. 1632

PUBLIC LAW 110–140—DEC. 19, 2007 ‘‘(ii) the costs and benefits to ratepayers and the utility; and ‘‘(B) to advocate for the waste-energy recovery opportunity. ‘‘(3) PROCEDURES.— ‘‘(A) IN GENERAL.—Except as otherwise provided in paragraphs (1) and (2), the procedures for the consideration and determination referred to in subsection (a) shall be the procedures established by the State regulatory authority or the nonregulated electric utility. ‘‘(B) MULTIPLE PROJECTS.—If there is more than 1 project seeking consideration simultaneously in connection with the same utility, the proceeding may encompass all such projects, if full attention is paid to individual circumstances and merits and an individual judgment is reached with respect to each project. ‘‘(f) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—The State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility may, to the extent consistent with otherwise applicable State law— ‘‘(A) implement the standard determined under this section; or ‘‘(B) decline to implement any such standard. ‘‘(2) NONIMPLEMENTATION OF STANDARD.— ‘‘(A) IN GENERAL.—If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement any standard established by this section, the authority or nonregulated electric utility shall state in writing the reasons for declining to implement the standard. ‘‘(B) AVAILABILITY TO PUBLIC.—The statement of reasons shall be available to the public. ‘‘(C) ANNUAL REPORT.—The Administrator shall include in an annual report submitted to Congress a description of the lost opportunities for waste-heat recovery from the project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy and emissions savings calculated. ‘‘(D) NEW PETITION.—If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement the standard established by this section, the project sponsor may submit a new petition under this section with respect to the project at any time after the date that is 2 years after the date on which the State regulatory authority or nonregulated utility declined to implement the standard.

42 USC 6345.

‘‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS.

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‘‘(a) RENAMING.— ‘‘(1) IN GENERAL.—The Combined Heat and Power Application Centers of the Department of Energy are redesignated as Clean Energy Application Centers. ‘‘(2) REFERENCES.—Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application

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