Page:United States Statutes at Large Volume 92 Part 3.djvu/584

 92 STAT. 3216

PUBLIC LAW 95-619—NOV. 9, 1978 that a utility shall be required to make only one inspection of a residence unless a new owner requests a subsequent inspection; (B) arrange to have the suggested measures installed (except for furnace efficiency modifications with respect to which the inspection prohibition of section 213(b)(2)(B) applies, unless the customer requests in writing arrangements for such modifications in writing); and (C) arrange for a lender to make a loan to such residential customer to finance the purchase and installation costs of suggested measures; and (2) procedures whereby the public utility provides to each of its residential customers the lists as described in section 213(a) (2) and (3). (c)

REQUIREMENTS CONCERNING ACCOUNTING AND PAYMENT or

COSTS.—(1) Each utility program shall include— (A) procedures to assure that all amounts expended or received by the utility which are attributable to the utility program (including any penalties paid by such utility under section 219(d)) are accounted for on the books and records of the utility separately from amounts attributable to all other activities of the utility; (B) procedures to assure that all amounts expended by a utility for providing information under subsection (a) are to he treated for such purposes as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing such utility service; (C) procedures to permit genera] administrative costs of carrying out a utility program and the amounts expended by a public utility to carry out subsection (b) to be, in the discretion of the State regulatory authority (or in the case of a nonregulated utility, in the discretion of such nonregulated utility)— (i) treated as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing such utility service, or (ii) charged to the residential customer for whom the activity is performed; and (D) procedures to assure that the costs of labor and materials incurred by a utility for the purchase or installation of any residential energy conservation measure shall be charged to the residential customer for whom such activity is performed. (2)(A) The costs of carrying out any activity as a part of a utility program under this section (other than an activity described in subparagraph (B), (C), or (D) of paragraph (1)) shall be charged to the residential customer for whom such activity is performed, unless (and to the extent that) the State regulatory authority or nonregulated utility (as the case may be) finds, after public notice and an opportunity for a public hearing, that treatment of such costs in the manner described in clause (i) of paragraph (1)(C) is likely to result (by reason of reduction in demand for energy) in lower rates to the ratepayers of such utility than would occur if the utility did not treat such costs in the manner described in such clause. Any such costs with respect to which such finding is made shall be treated in the manner described in clause (i) of paragraph (1)(C). . -

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