Page:United States Statutes at Large Volume 92 Part 3.djvu/520

 92 STAT. 3152

Post, p. 3209.

15 USC 3205.

15 USC 3206. Report to Congress.

PUBLIC LAW 95-617—NOV. 9, 1978 tion of any appliance or equipment designed to use such utility's service. (2) For purposes of this section and section 303, the terms "political advertising" and "promotional advertising" do not include— (A) advertising which informs natural gas consumers how they can conserve natural gas or can reduce peak demand for natural g^S' ... (B) advertising required by law or regulation, including advertising required under part 1 of title II of the National Energy Conservation Policy Act, (C) advertising regarding service interruptions, safety measures, or emergency conditions, (D) advertising concerning employment opportunities with such utility, (E) advertising which promotes the use of energy efficient appliances, equipment or services, or (F) any explanation or justification of existing or proposed rate schedules, or notification of hearings thereon. SEC. 305. FEDERAL PARTICIPATION. (a) INTERVENTION.—In addition to the authorities vested in the Secretary pursuant to any other provision of law, the Secretary, on his own motion, may intervene as a matter of right in any proceeding before a State regulatory authority which relates to gas utility rates or rate design. Such intervention shall be solely for the purpose of advocating policies or methods which carry out the purposes set forth in section 301 of this title. (b) RIGHTS.—The Secretary shall have the same rights as any other party to a proceeding before a State regulatory authority which relates to gas utility rates or rate design. (c) NoNREGULATED GAS UTILITIES.—The Secretary, on his own motion, may, to the same extent as provided in subsections (a) through (b), intervene as a matter of right in any proceeding which relates to rates or rate design of nonregulated gas utilities. SEC. 306. GAS UTILITY RATE DESIGN PROPOSALS. (a) STUDY.— (1) the Secretary, in consultation with the Commission ^nd, after affording an opportunity for consultation and comment by representatives of the State regulatory commissions, gas utilities, and gas consumers, shall study and report to Congress on gas utility rate design within 18 months after the date of the enactment of this Act. Such study shall address the effect (both separately and in combination) of the following factors upon the items listed in paragraph (2): incremental pricing; marginal cost pricing; end user gas consumption taxes; wellhead natural gas pricing policies; demand-commodity rate design; declining block rates; interruptible service; seasonal rate differentials; and end user rate schedules. (2) The items referred to in paragraph (1) are as follows: (A) natural gas pipeline and local distribution company load factors; (B) rates to each class of user, including residential, commercial, and industrial users; (C) the change in total costs resulting from gas utility designs (including capital and operating costs) to gas consumers or classes thereof; (D) demand for, and consumption of, natural gas; (E) end use profiles of natural gas pipelines and local distribution companies; and (F) competition with alternative fuels.

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