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TITLE
16 > CHAPTER
46 > SUBCHAPTER
IV > § 2643

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§ 2643. Gathering information on costs of service

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(a) Information required to be gathered

Each electric utility shall periodically gather information
under such rules (promulgated by the Commission) as the Commission determines
necessary to allow determination of the costs associated with providing electric
service. For purposes of this section, and for purposes of any consideration and
determination respecting the standard established by section 2621
(d)(2)
of this title, such costs shall be separated, to the maximum extent practicable,
into the following components: customer cost component, demand cost component,
and energy cost component. Rules under this subsection shall include
requirements for the gathering of the following information with respect to each
electric utility—

(1) the costs of serving each electric consumer class, including costs
of serving different consumption patterns within such class, based on voltage
level, time of use, and other appropriate factors;

(2) daily kilowatt demand load curves for all electric consumer
classes combined representative of daily and seasonal differences in demand, and
daily kilowatt demand load curves for each electric consumer class for which
there is a separate rate, representative of daily and seasonal differences in
demand;

(3) annual capital, operating, and maintenance costs—

(A) for transmission and distribution services, and

(B) for each type of generating unit; and

(4) costs of purchased power, including representative daily and
seasonal differences in the amount of such costs.

Such rules shall provide that information required to be
gathered under this section shall be presented in such categories and such
detail as may be necessary to carry out the purposes of this section.

(b) Commission rules

The Commission shall, within 180 days after November 9,
1978, by rule, prescribe the methods, procedure, and format to be used by
electric utilities in gathering the information described in this section. Such
rules may provide for the exemption by the Commission of an electric utility or
class of electric utilities from gathering all or part of such information, in
cases where such utility or utilities show and the Commission finds, after
public notice and opportunity for the presentation of written data, views, and
arguments, that gathering such information is not likely to carry out the
purposes of this section. The Commission shall periodically review such findings
and may revise such rules.

(c) Filing and publication

Not later than two years after November 9, 1978, and
periodically, but not less frequently than every two years thereafter, each
electric utility shall file with—

(1) the Commission, and

(2) any State regulatory authority which has ratemaking authority for
such utility,

the information gathered pursuant to this section and make
such information available to the public in such form and manner as the
Commission shall prescribe. In addition, at the time of application for, or
proposal of, any rate increase, each electric utility shall make such
information available to the public in such form and manner as the Commission
shall prescribe. The two-year period after November 9, 1978, specified in this
subsection may be extended by the Commission for a reasonable additional period
in the case of any electric utility for good cause shown.

(d) Enforcement

For purposes of enforcement, any violation of a requirement
of this section shall be treated as a violation of a provision of the Energy
Supply and Environmental Coordination Act of 1974 [15
U.S.C. 791
et seq.] enforceable under section 12 of such Act [15
U.S.C. 797]
(notwithstanding any expiration date in such Act) except that in applying the
provisions of such section 12
any reference to the Federal Energy Administrator shall be treated as a
reference to the Commission.

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