Page:United States Statutes at Large Volume 92 Part 3.djvu/487

 PUBLIC LAW 95-617—NOV. 9, 1978 SEC. 2. FINDINGS.

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92 STAT. 3119 16 USC 2601.

The Congress finds that the protection of the public health, safety, and welfare, the preservation of national security, and the proper exercise of congressional authority under the Constitution to regulate interstate commerce require— (1) a program providing for increased conservation of electric energy, increased efficiency in the use of facilities and resources by electric utilities, and equitable retail rates for electric consumers, (2) a program to improve the wholesale distribution of electric energy, the reliability of electric service, the procedures concerning consideration of wholesale rate applications before the Federal Energy Regulatory Commission, the participation of the public in matters before the Commission, and to provide other measures with respect to the regulation of the wholesale sale of electric energy, (3) a program to provide for the expeditious development of hydroelectric potential at existing small dams to provide needed hydroelectric power, (4^ a program for the conservation of natural gas while insuring tnat rates to natural gas consumers are equitable, (5) a program to encourage the development of crude oil transportation systems^and (6) the establishment of certain other authorities as provided in title VI of this Act. SEC. 3. DEFINITIONS.

As used in this Act, except as otherwise specifically provided— (1) The term "antitrust laws" includes the Sherman Antitrust Ace (15 U.S.C. 1 and following), the Clayton Act (15 U.S.C. 12 and following), the Federal Trade Commission Act (15 U.S.C. 14 and following), the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936, chapter 692 (15 U.S.C. 13,13a, 13b, and 21A). (2) The term "class" means, with respect to electric consumers, any group of such consumers who have similar characteristics of electric energy use. (3) The term "Commission" means the Federal Energy Regulatory Commission. (4) The term "electric utility" means any person. State agency, or Federal agency, which sells electric energy. (5) The term "electric consumer" means any person. State agency, or Federal agency, to which electric energy is sold other than tor purposes of resale. (6) The term "evidentiary hearing" means— (A) in the case of a State agency, a proceeding which (i) is open to the public, (ii) includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a written record of the proceeding, and (iv) is subject to judicial review; (B) in the case of a Federal agency, a proceeding conducted as provided in sections 554, 556, and 557 of title 5, United States Code; and (C) in the case of a proceeding conducted by any entity other than a State or Federal agency, a proceeding which con-

16 USC 2602.



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