Page:United States Statutes at Large Volume 92 Part 3.djvu/504

 92 STAT. 3136

PUBLIC LAW 95-617--NOV. 9, 1978 "(C) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under subparagraph (A) or (B),or "(D) such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph

Post, p. 3138.

Definitions.

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"(2) Any State regulatory authority may apply to the Commission for an order for any action referred to in subparagraph (A), (B), (C), or (D) of paragraph (1), No such order may be issued by the Commission with respect to a Federal power marketing agency upon application of a State regulatory authority. "(b) Upon receipt of an application under subsection (a), the Commission shall— "(1) issue notice to each affected State regulatory authority, each affected electric utility, each affected Federal power marketing agency, each affex^ted owner or operator of a cogeneration facility or of a small power production facility, and to the public. "(2) afford an opportunity for an evidentiary hearing, and "(8) make a determination with respect to the matters referred to in subsection (c). " (c) No order jnay be issued by the Commission under subsection (a) unless the Commission determines that such order— " (1) is in the public interest, "(2) would— " (A) encourage overall conservation of energy or capital, "(B) optimize the efficiency of use of facilities and resources, or "(C) improve the reliability of any electric utility system or Federal power marketing agency to which the order applies, and " (3) meets the requirements of section 212. "(d) The Commission may, on its own motion, after compliance with the requirements of paragraphs (1) and (2) of subsection (b), issue an order requiring any action described in subsection (a)(1) if the Commission determines that such order meets the requirements of subsection (c). No such order may be issued upon the Commission's own motion with respect to a Federal power marketing agency. "(6)(1) As used in this section, the term 'facilities' means only facilities used for the generation or transmission of electric energy. " (2) With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under subsection (a)(1), the term 'facilities of such applicant' means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application. With respect to an order issued pursuant to an application under subsection (a)(2), the term 'facilities of such applicant' means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the application. With respect to an order issued by the Commission on its own motion under subsection (d), such term means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the proposed order.". SEC. 203. WHEELING.

Part II of the Federal Power Act, as amended by section 202 of this Act, is further amended by adding the following new section at the end thereof:

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