Page:United States Statutes at Large Volume 92 Part 3.djvu/506

 92 STAT. 3138

Infra.

PUBLIC LAW 95-617—NOV. 9, 1978 order permitting such electric utility to cease providing all, or any portion of, such services. After public notice, notice to each affected State regulatory authority, each affected Federal power marketing agency, and each affected electric utility, and after an opportunity for an evidentiary hearing, the Commission shall issue an order terminating or modifying the order issued under subsection (a) or (b), if the electric utility providing such transmission services has demonstrated, and the Commission has found, that — " (A) due to changed circumstances, the requirements applicable, under this section and section 212, to the issuance of an order under subsection (a) or (b) are no longer met, or " (B) any transmission capacity of the utility providing transmission services under such order which was, at the time such order was issued, in excess of the capacity necessary to serve its own customers is no longer in excess of the capacity necessary for such purposes. No order shall be issued under this subsection pursuant to a finding under subparagraph (A) unless the Commission finds that such order is in the public interest. " (2) Any order issued under this subsection terminating or modifying an order issued under subsection (a) or (b) shall— " (A) provide for any a p p r o p r i a t e compensation, and " (B) provide the affected electric utilities adequate opportunity and time to— " (i) make suitable alternative arrangements for any transmission services terminated or modified, and " (ii) insure that the interests of ratepayers of such utilities are adequately protected. " (3) No order may be issued under this subsection terminating or modifying any order issued under subsection (a) or (b) if the order under subsection (a) or (b) includes terms and conditions agreed upon by the parties which— " (A) fix a iDeriod during which transmission services are to be provided under the order under subsection (a) or (b), or " (B) otherwise provide procedures or methods for terminating or modifying such order (including, if appropriate, the return of the transmission capacity when necessary to take into account an increase, after the issuance of such order, in the needs of the electric utility subject to such order for transmission (apacity). " (e) As used in this section, the term 'facilities' means only facilities used for the generation or transmission of electric energy.". SEC. 204. GENERAL PROVISIONS REGARDING CERTAIN INTERCONNECTION AND WHEELING AUTHORITY. (a)

16 USC 824.

EESTKIGTTGXS AND OTHER PROVISIONS.—Part II of the

Federal

Power Act, as amended by sections 202 and 203 of this Act, is further amended by adding the following new section at the end thereof: "PROVISIONS REGARDING CERTAIN ORDERS REQUIRING INTERCONNECTION OR WHEELING

16 USC 824k. Ante, pp. 3135, 3137.

" SEC. 212. (a) No order may be issued by the Commission under section 210 or subsection (a) or (b) of section 211 unless the Commission determines that such order— " (1) is not likely to result in a reasonably ascertainable uncompensated economic loss for any electric utility, qualifying cogenerator, or qualifying small power producer, as the case may be, affected by the order;

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