Page:United States Statutes at Large Volume 92 Part 3.djvu/496

 92 STAT. 3128

16 USC 2626.

PUBLIC LAW 95-617~-NOV. 9, 1978

(E) advertising which promotes the use of energy efficient appliances, equipment or services, or (F) any explanation or justification of existing o r proposed rate schedules, or notifications of hearings thereon. SEC. 116. REPORTS RESPECTING STANDARDS. (a) STATE AUTHORITIES AND NONKEGHLATED U T I L I T I E S. — Not l a t e r

16 USC 2627.

than one year after the date of the enactment of this Act and annually thereafter for t e n years, each State regulatory authority (with respect to each State regulated electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards established by sections 111(d) and 113(b). Such report shall include a summary of the determinations made and actions taken with respect to each such standard on a utilityby-utility basis. (b) SECRETARY.—Not later than eighteen months after the date of the enactment of this Act and annually thereafter for ten years, the Secretary shall submit a report to the President and the Congress containing— (1) a summary of the reports submitted under subsection (a), (2) his analysis of such reports, and (3) his actions under this title, and his recommendations for such further Federal actions, including any legislation, r e g a r d i n g retail electric utility rates ( and other practices) as may be necessary to carry out the purposes of this title. SEC. 117. RELATIONSHIP TO STATE LAW. (a) REVENUE AND R A T E OF R E T U R N. — Nothing in t h i s title shall

authorize or require the recovery by an electric utility of revenues, or of a rate of return, in excess of, or less than, the amount of revenues or the rate of r e t u r n determined to be lawful under any other provision of law. (b) STATE AUTHORITY.—Nothing in this title prohibits any State regulatory authority or nonregulated electric utility from adopting, pursuant to State law, any standard or rule affecting electric utilities which is different from any standard established by this subtitle. (c) FEDERAL AGENCIES.—With respect to any electric utility which is a Federal agency, and with respect to the Tennessee Valley Authority when it is treated as a State regulatory authority as provided in section 3 ( 1 7), any reference in section 111 or 113 to State law shall be treated as a reference to Federal law.

Subtitle C—Intervention and Judicial Review 16 USC 2631.

SEC. 121. INTERVENTION IN PROCEEDINGS. (a) AUTHORITY To INTERVENE AND P A R T I C I P A T E. — I n o r d e r to ini-

tiate and participate in the consideration of one or more of the standards established by subtitle B or other concepts which contribute to the achievement of the purposes of this title, the Secretary, any affected electric utility, or any electric consumer of an affected electric utility may intervene and participate as a m a t t e r of r i g h t in any ratemaking proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by a nonregulated electric utility. (b) ACCESS TO INFORMATION. — Any intervenor or part i c i p a n t in a

proceeding described i n subsection (a) shall have access to informa-

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