Page:United States Statutes at Large Volume 92 Part 3.djvu/582

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PUBLIC LAW 9 5 - 6 1 9 - - N O V. 9, 1978 tion exists among various local, State, and Federal energy conservation programs within and affecting such State, including any energy extension service program administered by the Secretary of Energy; (7) is adopted after notice and public hearings; and (8) meets such other requirements as may be contained in the rules promulgated under section 212. (b) REQUIREMENTS CONCERNING U N F A I R, DECEPTIVE, OR A N T I C O M PETITIVE ACT S OR PRACTICES.—

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42 USC 8215.

(1) No proposed residential energy conservation plan submitted for regulated utilities shall be approved by the Secretary unless such plan contains adequate measures for preventing unfair, deceptive, or anticompetitive acts or practices affecting commerce which relate to the implementation of utility programs within such State. (2) The measures under paragraph (1) shall include— (A) provisions to assure that, in carrying out procedures under section 215(b)(1) (or the corresponding procedures in section 217) the regulated utility will not unfairly discrimin a t e among— (i) residential customers, >-. (ii) suppliers and contractors of such measures, or (iii) lending institutions in the utility's service area which offer loans for the purchase and installation of residential energy conservation measures, and will not unfairly discriminate among measures which are purchased from, or installed by, any person under such program, and (B) provisions to assure that in the case of a furnace which uses as its p r i m a r y source of energy any fuel or source of energy other than the fuel or source of energy sold by a utility, such utility will not inspect such furnace, or make, install, or inspect any furnace efficiency modification referred to in section 210(11)(B), unless the residential customer requests (in writing) such inspection, installation, or modification. (c) REDRESS.—No residential energy conservation plan submitted for regulated utilities shall be approved by the Secretary unless such plan contains provisions to assure that any person who alleges any injury resulting from a violation of any plan provision shall be entitled to redress under such procedures as may be established by the Governor or State agency. SEC. 214. PLAN REQUIREMENTS FOR NONREGULATED UTILITIES AND HOME HEATING SUPPLIERS. (a)

REQUIREMENTS FOR P L A N S FOR NONREGULATED U T I L I T I E S. — N o

residential energy conservation plan proposed by a nonregulated utility shall be approved by the Secretary unless such plan meets the same requirements as provided under section 213 for regulated utilities and in addition contains procedures pursuant to which such utility will submit a written report to the Secretary not later than one year after approval of such plan, and biennially thereafter, regarding the implementation of a utility program under section 215 and containing such information as may be required by the Secretary in the rules promulgated under section 212. I n a p p l y i n g the requirements of section 213 in the case of a plan for nonregulated utilities under this

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