Page:United States Statutes at Large Volume 94 Part 1.djvu/805

 PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 755

submitted under the preceding sentence for the State in which the nonregulated utility provides utility service applies to nonregulated utilities as provided in subsection (b). The Secretary may, upon request of the Governor or State agency or nonregulated utility, extend for good cause shown, the time period for submission of a plan. Each plan submitted in accordance with this subsection shall be reviewed and approved or disapproved in accordance with the procedures of subparagraphs (B) and (C) of section 212(c)(l). ^^ use 8213. "(b) NONREGULATED UTIUTIES.—Any plan submitted by a Governor or State agency under subsection (a) may, in the discretion of the Governor if he notifies the Secretary within 30 days after promulgation of rules under section 712(a), apply to nonregulated utilities providing utility service in the State in the same manner as to regulated utilities. In any such case, reference elsewhere in this title to regulated utilities (including references to utilities with respect to which a State regulatory authority exercises ratemaking authority) shall, with respect to such State, be treated as references also to nonregulated utilities and references elsewhere in this title to nonregulated utilities shall not apply. For purposes of this subsection, the "Nonregulated term 'nonregulated utility' shall not include any public utility which utility." is a Federal agency. "(c) PLAN FOR BUILDING HEATING SUPPUERS.—A plan applicable to building heating suppliers may be submitted by the Governor in his discretion. "(d) TENNESSEE VALLEY AUTHORITY.—In the case of the Tennessee Valley Authority or any public utility with respect to which the Tennessee Valley Authority has ratemaking authority, the authority otherwise vested in the Governor or State agency under this section shall be vested in the Tennessee Valley Authority. "SEC. 722. REQUIREMENTS FOR STATE PLANS FOR REGULATED UTILI- 42 USC 8282a. TIES.

"No proposed energy conservation plan for commercial buildings and multifamily dwellings submitted for regulated utilities shall be approved by the Secretary unless such plan— "(1) requires each regulated utility to implement a program which meets the requirements of section 731 and such other requirements as may be contained in the rules promulgated by the Secretary under section 712, except that no such program may be required to apply to all of the multifamily dwellings and commercial buildings located within such utility's service area if, within 6 months from the date on which the Secretary's rules are promulgated with respect to such program, the State regulatory authority which exercises ratemaking authority over such utility determines that the inclusion of such additional buildings or dwellings would significantly impair such utility's ability— "(A) to fulfill the requirements of section 215, or Ante, p. 742. "(B) to provide utility service to its customers. "(2) provides adequate State procedures for implementing the enforcment of the plan; "(3) provides procedures for insuring that effective coordination exists among various local, State, and Federal energy conserving programs within and affecting such State; and "(4) is adopted after notice and public hearing. Hearing.

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