Page:United States Statutes at Large Volume 92 Part 3.djvu/492

 92 STAT. 3124

Federal standards.

PUBLIC LAW 95-617—NOV. 9, 1978 (2) adopt the standard established by subsection (b)(4) if, and to the extent, such authority or nonregulated electric utility determines that such adoption is a p p r o p r i a t e and consistent with otherwise applicable State law. For purposes of any determination under paragraph s (1) o r (2) and any review of such determination i n 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 a p p r o p r i a t e to adopt any such standard, pursuant to its authority under otherwise applicable State law. (b) ESTABLISHMENT.—The following Federal standards are hereby established: (1) MASTiaj METERING.—To the extent determined appropriate under section 1 1 5 (d), master metering of jelectric service in the case of new buildings shall be prohibited or restricted to the extent necessary to carry out the purposes of this title. (2) AUTOMATIC ADJUSTMENT CLAUSES.—No electric u t i l i t y may

increase any rate pursuant to a n automatic adjustment clause unless such clause meets the requirements of section 115(e). (3) INFORMATION TO CONSUMERS.—Each electric utility shall transmit to each of its electric consumers information regarding r a t e schedules in accordance with the requirements of section 115(f). (4)

16 USC 2624.

PROCEDURES FOR TERMINATION OF ELECTRIC SERVICE.—No

electric utility may terminate electric service to any electric consumer except pursuant to procedures described in section 115(g). (5) ADVERTISING.—No electric utility may recover from any person other than the shareholders (or other owners) of such utility any direct or indirect expenditure by such utility for promotional or political advertising as defined i n section 1 1 5 (h). (c) PROCEDURAL REQUIREMENTS.—Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility, within the two-year period specified in subsection (a), shall (1) adopt, pursuant to subsection (a), each of the standards established by subsection (b) or, (2) with respect to any such standard which is not adopted, such authority or nonregulated electric utility shall state in writing that i t has determined not to adopt such standard, together with the reasons for such determination. Such statement of reasons shall be available to the public. SEC. 114. LIFELINE RATES. (a) LOWER RATES.—No provision of this title prohibits a State regulatory authority ^with respect to a n electric utility for which i t has ratemaking authority) o r a nonregulated electric utility from fixing, approving, or allowing to g o into effect a rate for essential needs (as defined by the State regulatory authority or by the nonregulated elect r i c utility, as the case may be) of residential electric consumers which is lower than a rate under the standard referred to in section 111(d)(1). (b) DETERMINATION.—If any State regulated electric utility or nonregulated electric utility does not have a lower rate as described in subsection (a) in effect two years after the date of the enactment of this Act, the State regulatory authority having ratemaking authority with respect to such State regulated electric utility o r the nonregulated electric utility, as the case may be, shall determine, after an evidentiary hearing, whether such a r a t e should be implemented by such utility.

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