Page:United States Statutes at Large Volume 92 Part 3.djvu/495

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3127

(3) For purposes of the standard for information to consumers established by section 113(b)(3), each electric utility, on request of an electric consumer of such utility, shall transmit to such consumer a clear and concise statement of the actual consumption (or degree-day adjusted consumption) of electric energy by such consumer for each billing period during the prior year (unless such consumption data is not reasonably ascertainable by the utility). (g) PROCEDURES FOR TERMINATION or ELECTRIC SERVICE.—The procedures for termination of service referred to in section 113(b)(4) are procedures prescribed by the State regulatory authority (with respect to electric utilities for which it has ratemaking authority) or by the nonregulated electric utility which provide that— (1) no electric service to an electric consumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dispute the reasons for such termination, and (2) during any period when termination of service to an electric consumer would be especially dangerous to health, as determined by the State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or nonregulated electric utility, and such consumer establishes that— (A) he is unable to pay for such service in accordance with the requirements of the utility's billing, or (B) he is able to pay for such service but only in installments, such service may not be terminated. Such procedures shall take into account the need to include reasonable provisions for elderly and handicapped consumers. (h) ADVERTISING.— (1) For purposes of this section and section 113 Definitions. (A) The term "advertising" means the commercial use, by an electric utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility's electric consumers. (B) The term "political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance. (C) The term "promotional advertising" means any advertising for the purpose of encouraging any person to select or use the service or additional service of an electric utility or the selection or installation of any appliance or equipment designed to use such utility's service. (2) For purposes of this subsection and section 113(b)(5), the terms "political advertising" and "promotional advertising" do not include— (A) advertising which informs electric consumers how they can conserve energy or can reduce peak demand for electric energy, (B) advertising required by law or regulation, including advertising required under part 1 of title II of the National Energy Conservation Policy Act, Post, p. 3209. (C) advertising regarding service interruptions, safety measures, or emergency conditions, (D) advertising concerning employment opportunities with -^ such utility,

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