Page:United States Statutes at Large Volume 92 Part 3.djvu/588

 92 STAT. 3220

PUBLIC LAW 95-619—NOV. 9, 1978 satisfaction that the resources of such supplier do not enable him to comply with such requirement.

42 USC 8219.

SEC. 218. TEMPORARY PROGRAMS. (a) EXEMPTION FROM CERTAIN REQUIREMENTS.—A Governor of any

State, on behalf of one or more utilities, or any public utility (supported by the Governor in the case of a regulated utility) may, no later than 180 days after the promulgation of rules pursuant to section 212, apply for a temporary exemption for one or more utilities from one or more of the requirements of section 215 and the prohibitions contained in section 216(a). Such temporary exemption may be granted, as determined by the Secretary, for a period not to exceed 3 years after the date of approval of such exemption. (b) T I M E LIMIT.—An application for an exemption under subsection

(a) shall be approved or disapproved by the Secretary within 90 days of receipt of such application or such longer period as the Secretary may require in the case of any particular application. (c) INFORMATION.—An application for an exemption under subsection (a) to establish a temporary program shall contain such information and meet such requirements as the Secretary shall prescribe by rule. (d) REQUIREMENTS.—In order for an application for an exemption under subsection (a) to be granted, the Governor or the public utility shall demonstrate to the satisfaction of the Secretary that the temporary program will: (1) contain adequate procedures to assure that each public utility, in connection with such program, will charge fair and reasonable prices and rates of interest to its residential customers in connection with the purchase and installation of residential energy conservation measures; (2) contain adequate pi-ocedures for preventing unfair, deceptive, or anticompetitive acts or practices affecting commerce which relate to the implementation of such program; and (3) be likely to result in the installation of suggested measures in at least as many residential buildings as would have been installed had such utility submitted a program which met the requirements of section 215 and did not violate the prohibitions contained in section 216(a). (e) FEDERAL STANDBY AUTHORITY.—The Secretary shall not exercise the Federal standby authority, pursuant to section 219(a) or (b) with respect to any public utility which is covered by a temporary exemption approved by the Secretary pursuant to this section. Upon termination of such temporary exemption, the Secretary shall exercise such authority unless, within such period as he deems reasonable after such termination, the State (or nonregulated utility as the case may be) has a plan applicable to such utility approved under section 212 and such plan is being adequately implemented (as determined by the Secretary). 42 USC 8220.

SEC. 219. FEDERAL STANDBY AUTHORITY. (a) STANDBY AUTHORITY FOR STATE REGUIATED UTILITIES.—If a

State does not have a plan approved under section 212(c) within 270 days after promulgation of rules under section 212(a), or within such additional period as the Secretary may allow pursuant to section 212 (c)(1), or if the Secretary determines, after notice and opportunity for a public hearing that an approved plan is not being adequately implemented in such State, the Secretary shall—

�