Page:United States Statutes at Large Volume 94 Part 1.djvu/799

 PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 749

"(b) FACTORS IN APPROVING APPLICATIONS.—The Secretary shall take into consideraton in approving an application under subsection (a) for a plan establishing a prototype residential energy efficiency program— "(1) the potential for energy savings from the demonstration of the program; "(2) the likelihood that the value of the energy saved by public utilities under the program will be sufficient to cover the estimated cost of the energy conservation measures to be supphed and installed under the program; "(3) the anticipated effects of the program on competition in the portion of the service area of the public utility designated in the contract entered into under the plan; and "(4) such other factors as the Secretary determines are appropriate. "SEC. 265. RULES AND REGULATIONS.

42 USC 8235d.

"(a) PROPOSED RULES AND REGULATIONS.—The Secretary shall issue proposed rules and regulations to carry out this part not later than 120 days after the date of the enactment of this part. "(b) FINAL RULES AND REGULATIONS.—The Secretary shall issue

final rules and regulations to carry out this part not later than 90 days after the issuance of proposed rules and regulations under subsection (a). "SEC. 266. AUTHORITY OF THE FEDERAL ENERGY REGULATORY COMMIS- 42 USC 8235e. SION TO EXEMPT APPLICATION OF CERTAIN LAWS.

"The Federal Energy Regulatory Commission may exempt from any provisions in sections 4,5, and 7 of the Natural Gas Act (17 U.S.C. 15 USC 717c, 717c, 717d, and 717f) and titles II and IV of the Natural Gas Policy Act 7iid. 7i7f. of 1978 (15 U.S.C. 3341 through 3348 and 3391 through 3394) the sale or transportation, by any public utility, local distribution company, interstate or intrastate pipeline, or any other person, of any natural gas which is determined (in the case of a regulated utility, company, pipeline, or person) by the State regulatory authority having ratemaking authority over such utility, company, pipeline, or person, or (in the case of a nonregulated utility, company, pipeline, or person) by such utility, company, pipeline, or person, to have been conserved because of a prototype residential energy efficiency program which is established under a plan approved under section 262(a), if the Commission determines that such exemption is necessary to make feasible the demonstration of such prototype residential energy efficiency program. "SEC. 267. APPLICATION OF OTHER LAWS.

42 USC 8235f.

"(a) LACK OF IMMUNITY.—NO provision contained in this part— "(1) shall restrict any agency of the United States or any State from exercising its powers under any law to prevent unfair methods of competition and unfair or deceptive acts or practices; "(2) shall provide to any person any immunity from civil or criminal liability; "(3) shall create any defenses to actions brought under the antitrust laws; or "(4) shall modify or abridge any private right of action under the antitrust laws. "(b) UTIUTY PROGRAMS UNDER PART 1.—Any public utility entering 42 USC 82ii. into a contract under a plan for the establishment of a prototype residential energy efficiency program approved under section 262(a)

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