Page:United States Statutes at Large Volume 92 Part 3.djvu/579

 PUBLIC LAW 95-619—NOV. 9, 1978

92 STAT. 3211

inspection offered under section 215(b)(1)(A) and its effect on the willingness of residential customers to participate in the utility program. (17) The term "utility program" means a program meeting the requirements of section 215. (18) The term "Governor" means the Governor or chief executive officer of a State or his designee. (19) The term "home heating supplier program" means a program meeting the requirements of section 217. (20) The term "home heating supplier" means a person who sells or supplies home heating fuel (including No. 2 heating oil, kerosene, butane, and propane) to a residential customer for consumption in a residential building. SEC. 211. COVERAGE. (a) IN GENERAL.—This part shall apply in any calendar year to a 42 USC 8212. public utility only if during the second preceding calendar year either— (1) sales of natural gas by such public utility for purposes other than resale exceeded 10 billion cubic feet, or (2) sales of electric energy by such public utility for purposes other than resale exceeded 750 million kilowatt-hours. (b) LIST OF COVERED UTILITIES.—Before the beginning of each calendar year, the Secretary shall publish a list identifying each public utility to which this part applies during such calendar year. Promptly after publication of such list, each State regulatory authority shall notify the Secretary of each public utility on the list for which such State regulatory authority has ratemaking authority. SEC. 212. RULES OF SECRETARY FOR SUBMISSION AND APPROVAL OF PLANS. (a) PROMULGATION OF RULES BY SECRETARY.—The Secretary shall, 42 USC 8213.

not later than 45 days after enactment of this Act, publish an advanced notice of proposed rulemaking with respect to rules on the content and implementation of residential energy conservation plans which meet the requirements of sections 213 and 214. Not later than 60 days after the date of publication of the advanced notice of proposed rulemaking, and after consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce (acting through the National Bureau of Standards), the Federal Trade Commission, the Consumer Product Safety Commission, and the heads of such other agencies as he deems appropriate, the Secretary shall publish a proposed rule on content and implementation of such plans. After publication of such proposed rule, the Secretary shall afford interested persons (including Federal and State agencies) an opportunity to present oral and written comments on matters relating to such proposed rule. A rule prescribing the content and implementation of residential energy conservation plans shall be published not earlier than 45 days after publication of the proposed rule. (b) CONTENT or SECRETARY'S RULES.—The rules promulgated under subsection (a)— (1) shall identify the suggested measures for residential buildings, by climatic region and by categories determined by the Secretary on the basis of type of construction and any other factors which the Secretary may deem appropriate; (2) shall include—

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