Page:United States Statutes at Large Volume 92 Part 3.djvu/509

 PUBLIC LAW 95-617—NOV. 9, 1978 public notice and notice to the Governor of the affected State and after affording an opportunity for public hearing, exempt electric utilities, in whole or in part, from any provision of State law, or from any State rule or regulation, which prohibits or prevents the voluntary coordination of electric utilities, including any agreement for central dispatch, if the Commission determines that such voluntary coordination is designed to obtain economical utilization of facilities and resources in any area. No such exemption may be granted if the Commission finds that such provision of State law, or rule or regulation— (1) is required by any authority of Federal law, or (2) is designed to protect public health, safety, or welfare, or the environment or conserve energy or is designed to mitigate the effects of emergencies resulting from fuel shortages. (b) POOLING STUDY.— (1) The Commission, in consultation with the reliability councils established under section 202(a) of the Federal Power Act, the Secretary, and the electric utility industry shall study the opportunities for— (A) conservation of energy, (B) optimization in the efficiency of use of facilities and resources, and (C) increased reliability, through pooling arrangements. Not later than 18 months after the date of the enactment of this Act, the Commission shall suhimit a report containing the results of such study to the President and the Congress. (2) The Commission may recommend to electric utilities that such utilities should voluntarily enter into negotiations where the opportunities referred to in paragraph (1) exist. The Commission shall report annually to the President and the Congress regarding any such recommendations and subsequent actions taken by electric utilities, by the Commission, and by the Secretary under this Act, the Federal Power Act, and any other provision of law. Such annual reports shall be included in the Commission's annual report required under the Department of Energy Organization Act. SEC. 206. CONTINUANCE OF SERVICE. (a) AMENDMENT OF FEDERAL POWER ACT.—Section 202 of the Federal Power Act is amended by adding the following new subsection at the end thereof: " (g) In order to insure continuity of service to customers of public utilities, the Commission shall require, by rule, each public utility to— "(1) report promptly to the Commission and any appropriate State regulatory authorities any anticipated shortage of electric energy or capacity which would affect such utility's capability of serving its wholesale customers, "(2) submit to the Commission, and to any appropriate State regulatory authority, and periodically revise, contingency plans respecting— "(A) shortages of electric energy or capacity, and "(B) circumstances which may result in such shortages, and "(3) accommodate any such shortages or circumstances in a manner which shall— " (A) give due consideration to the public health, safety, and welfare, and "(B) provide that all persons served directly or indirectly by such public utility will be treated, without undue prejudice or disadvantage.".

92 STAT. 3141

16 USC 824a.

Report to President and Congress,

42 USC 7101 °°*®16 USC 824a.

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