Page:United States Statutes at Large Volume 92 Part 3.djvu/505

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3137

"CERTAIN WHEELING AUTHORITY

"SEC. 211. (a) Any electric utility or Federal power marketing 16 USC 824j. agency may apply to the Commission for an order under this subsection requiring any other electric utility to provide transmission services to the applicant (including any enlargement of transmission capacity necessary to provide such services). Upon receipt of such application, after public notice and notice to each affected State regulatory authority, each affected electric utility, and each affected Federal power marketing agency, and after affording an opportunity for an evidentiary hearing, the Commission may issue such order if it finds that such order— " (1) is in the public interest, "(2) would— " (A^ conserve a significant amount of energy, "(B) significantly promote the efficient use of facilities and resources, or "(C) improve the reliability of any electric utility system to which the order applies, and " (3) meets the requirements of section 212. Pbst, p. 3138. "(b) Any electric utility, or Federal power marketing agency, which purchases electric energy for resale from any other electric utility may apply to the Commission for an order under this subsection requiring such other electric utility to provide transmission services to the applicant (including any increase in transmission capacity necessary to provide such services). Upon receipt of an application under this subsection, after public notice and notice to each affected State regulatory authority, each affected electric utility, and each affected Federal power marketing agency, and after affording an opportunity for an evidentiary hearing, the Commission may issue such an order if the Commission determines that— "(1) such other electric utility has given actual or constructive notice that it is unwilling or unable to provide electric service to the applicant and has been requested by the applicant to provide the transmission services requested in the application under this subsection, and "(2) such order meets the requirements of section 212. "(c)(1) No order may be issued under subsection (a) unless the Commission determines that such order would reasonably preserve existing competitive relationships. "(2) No order may be issued under subsection (a) or (b) which requires the electric utility subject to the order to transmit, during any period, an amount of electric energy which replaces any amount of electric energy— "(A) required to be provided to such applicant pursuant to a contract during such period, or " (B) currently provided to the applicant by the utility subject to the order pursuant to a rate schedule on file during such period with the Commission. "(3) No order may be issued under the authority of subsection (a) or (b) which is inconsistent with any State law which governs the retail marketing areas of electric utilities. "(4) No order may be issued under subsection (a) or (b) which provides for the transmission of electric energy directly to an ultimate consumer. " (d)(1) Any electric utility ordered under subsection (a) or (b) to provide transmission services may apply to the Commission for an

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