Page:United States Statutes at Large Volume 92 Part 3.djvu/489

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3121

SEC. 102. COVERAGE. 16 USC 2612. (a) VOLUME OF TOTAL RETAIL SALES.—This title applies to each

electric utility in any calendar year, and to each proceeding relating to each electric utility in such year, if the total sales of electric energy by such utility for purposes other than resale exceeded 500 million kilowatt-hours during any calendar year beginning after December 31, 1975, and before uie immediately preceding calendar year. (b) EXCLUSION OF WHOLESALE SALES.—The requirements of this title do not apply to the operations of an electric utility, or to proceedings respecting such operations, to the extent that such operations or proceedings relate to sales of electric energy for purposes of resale. (c) LIST OF COVERED UTILITIES.—Before the beginning of each calendar year, the Secretary shall publish a list identifying each electric utility to which this title applies during such calendar year. Promptly after publication of such list each State regulatory authority shall notify the Secretary of each electric utility on the list for which such State regulatory authority has ratemaking authority. SEC. 103. FEDERAL CONTRACTS.

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16 USC 2613.

Notwithstanding the limitation contained in section 102(b), no contract between a Federal agency and any electric utility for the sale of electric energy by such Federal agency for resale which is entered into or renewed after the date of the enactment of this Act maj contain any provision which will have the effect of preventing the implementation of any requirement of subtitle B or C. Any provision in any such contract which has such effect shall be null and void.

Subtitle B—Standards For Electric Utilities SEC. 111. CONSIDERATION AND DETERMINATION RESPECTING CER- 16 USC 2621. TAIN RATEMAKING STANDARDS. (a) CONSIDERATION AND DETERMINATION.—Each State regulatory

authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulatecl electric utility shall consider each standard established by subsection (d) and make a determination concerning whether or not it is appropriate to implement such standard to carry out the purposes of this title. For purposes of such consideration and determination in accordance with subsections (b) and (c), and for purposes of any review of such consideration and determination in any court in accordance with section 123, the purposes of this title supplement otherwise applicable State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law. (b) PROCEDURAL REQUIREMENTS FOR CONSIDERATION AND DETERMINA-

TION.— (1) The consideration referred to in subsection (a) shall be Notice and made after public notice and hearing. The determination referred to in hearing, subsection (a) shallbe— (A^ in writing, (B) based upon findings included in such determination and upon the evidence presented at the hearing, and (C) available to the public. (2) Except as otherwise provided in paragraph (1), in the second sentence of section 112(a), and in sections 121 and 122, the procedures for the consideration and determination referred to in subsection (a) shall be those established by the State regulatory authority or the nonregulated electric utility.

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