Page:United States Statutes at Large Volume 92 Part 3.djvu/512

 9 2 STAT. 3 1 4 4 Report to Congress.

PUBLIC LAW 95-617—NOV. 9, 1978 any electric utility reliability issue. The Secretary shall report to the Congress ( i n its annual report or in the report required under subsection (a) if appropriate) the results of any examination under the preceding sentence. (c) DEPARTMENT OF E N E R G Y RECOMMENDATIONS.—The Secretary,

16 USC 824a-3.

in consultation with the Commission, and after opportunity for public comment, may recommend industry standards for reliability to the electric utility industry, including standards with respect to equipment, operating procedures and t r a i n i n g of personnel, and standards relating to the level or levels of reliability appropriate to adequately and reliably serve the needs of electric consumers. The Secretary shall include in his annual report— (1) any recommendations made under this subsection or any recommendations respecting electric utility reliability problems under any other provision of law, and (2) a description of actions taken by electric utilities with respect to such recommendations. SEC. 210. COGENERATION AND SMALL POWER PRODUCTION. (a) COGENERATION AND S M A L L POWER PRODUCTION RULES. — Not

later than 1 year after the date of enactment of this Act, the Commission shall prescribe, and from time to time thereafter revise, such rules as it determines necessary to encourage cogeneration and small power production which rules require electric utilities to offer to— (1) sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities and (2) purchase electric energy from such facilities. Such rules shall be prescribed, after consultation with representatives of Federal and State regulatory agencies having ratemaking authority for electric utilities, and after public notice and a reasonable opportunity for interested persons (including State and Federal agencies) to submit oral as well as written data, views, and arguments. Such rules shall include provisions respecting minimum reliability of qualifying cogeneration facilities and qualifying small power production facilities (including reliability of such facilities during emergencies) and rules respecting reliability of electric e n e r ^ service to be available to such facilities from electric utilities during emergencies. Such rules may not authorize a qualifying cogeneration facility or qualifying small power production facility to make a>nj sale for purposes other than resale. (b)

RATES FOR PURCHASES BY ELECTRIC U T I L I T I E S. — The

rules

prescribed under subsection (a) shall insure that, in requiring any electric utility to offer to purchase electric energy from any qualifying cogeneration facility or qualifying small power production facility, the rates for such purchase— (1) shall be just and reasonable to the electric consumers of the electric utility and in the public interest, and (2) shall not discriminate against qualifying cogenerators o r qualifying small power producers. No such rule prescribed under subse-ction (a) shall provide for a r a t e which exceeds the incremental cost to the electric utility of alternative electric energy, (c) RATES FOR SALES BY U T I L I T I E S. — The rules prescribed

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under

subsection (a) shall insure that, in requiring any electric utility to offer to sell electric energy to any qualifying cogeneration facility o r qualifying small power production facility, the rates for such sale— (1) shall be j u s t and reasonable and i n the public interest, and

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