PURPA Section 2643

§ 2643

TITLE 16—CONSERVATION

‘‘(C) developing plans and programs to use demand response to respond to peak demand or emergency needs; and
‘‘(D) identifying specific measures consumers can
take to participate in these demand response programs.
‘‘(3) REPORT.—Not later than 1 year after the date
of enactment of the Energy Policy Act of 2005 [Aug.
8, 2005], the [Federal Energy Regulatory] Commission
shall prepare and publish an annual report, by appropriate region, that assesses demand response resources, including those available from all consumer
classes, and which identifies and reviews—
‘‘(A) saturation and penetration rate of advanced
meters and communications technologies, devices
and systems;
‘‘(B) existing demand response programs and
time-based rate programs;
‘‘(C) the annual resource contribution of demand
resources;
‘‘(D) the potential for demand response as a quantifiable, reliable resource for regional planning purposes;
‘‘(E) steps taken to ensure that, in regional transmission planning and operations, demand resources
are provided equitable treatment as a quantifiable,
reliable resource relative to the resource obligations of any load-serving entity, transmission provider, or transmitting party; and
‘‘(F) regulatory barriers to improve customer participation in demand response, peak reduction and
critical period pricing programs.
‘‘(f) FEDERAL ENCOURAGEMENT OF DEMAND RESPONSE
DEVICES.—It is the policy of the United States that
time-based pricing and other forms of demand response,
whereby electricity customers are provided with electricity price signals and the ability to benefit by responding to them, shall be encouraged, the deployment
of such technology and devices that enable electricity
customers to participate in such pricing and demand
response systems shall be facilitated, and unnecessary
barriers to demand response participation in energy,
capacity and ancillary service markets shall be eliminated. It is further the policy of the United States that
the benefits of such demand response that accrue to
those not deploying such technology and devices, but
who are part of the same regional electricity entity,
shall be recognized.’’

§ 2643. Gathering information on costs of service
(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

Page 2004

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.
(Pub. L. 95–617, title I, § 133, Nov. 9, 1978, 92 Stat.
3132.)
REFERENCES IN TEXT
The Energy Supply and Environmental Coordination
Act of 1974, referred to in subsec. (d), is Pub. L. 93–319,

Page 2005

§ 2702

TITLE 16—CONSERVATION

June 22, 1974, 88 Stat. 246, as amended, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15,
Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under
section 791 of Title 15 and Tables.

1980 to carry out the purposes of this section
without a specific authorization of Congress.
(Pub. L. 95–617, title VI, § 603, Nov. 9, 1978, 92
Stat. 3165.)
REFERENCES IN TEXT

§ 2644. Relationship to other authority
Nothing in this chapter shall be construed to
limit or affect any authority of the Secretary or
the Commission under any other provision of
law.
(Pub. L. 95–617, title I, § 134, Nov. 9, 1978, 92 Stat.
3133.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L.
95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title
42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification
of title I to the Code, see Tables.

§ 2645. Utility regulatory institute
(a) Matching grants
The Secretary may make grants under this
section to an institute established by the National Association of Regulatory Utility Commissioners to enable such institute to—
(1) conduct research on electric and gas utility regulatory policy issues,
(2) develop data processing and retrieval
methods for electric and gas utility ratemaking, and
(3) perform other functions directly related
to assisting State regulatory authorities in
carrying out their functions under State law
and this Act.
(b) Federal share
Grants under this section shall not be used to
provide more than the following percentages of
the cost to the institute of carrying out the activities specified in subsection (a):
(1) 80 percent for the fiscal year 1979; and
(2) 60 percent for the fiscal year 1980.
The remaining amounts expended by the institute may not be provided from Federal sources.
(c) Restrictions
Grants under this section may not be made
subject to terms and conditions other than those
the Secretary deems necessary for purposes of
administering this section and for purposes of
assuring that—
(1) all information gathered by the institute
is available to the Secretary, the Commission,
and the public, and
(2) no portion of any such grant is used to
support or oppose any legislative proposal except by means of testimony by representatives
of the institute provided by invitation to a
committee of Congress or of a State legislature.
(d) Authorization of appropriations
There is authorized to be appropriated not
more than $2,000,000 for each of the fiscal years
1979 and 1980 for purposes of making grants
under this section. No amounts may be appropriated for any fiscal year after the fiscal year

This Act, referred to in subsec. (a)(3), is Pub. L.
95–617, Nov. 9, 1978, 92 Stat. 3117, as amended, known as
the Public Utility Regulatory Policies Act of 1978. For
complete classification of this Act to the Code, see
Short Title note set out under section 2601 of this title
and Tables.
CODIFICATION
This section was not enacted as part of title I of Pub.
L. 95–617 which comprises this chapter.

CHAPTER 47—SMALL HYDROELECTRIC
POWER PROJECTS
Sec.

2701.
2702.
2703.
2704.
2705.
2706.
2707.
2708.

Establishment of program.
Loans for feasibility studies.
Loans for project costs.
Loan rates and repayment.
Simplified and expeditious licensing procedures.
New impoundments.
Authorizations.
Definitions.

§ 2701. Establishment of program
The Secretary shall establish a program in accordance with this chapter to encourage municipalities, electric cooperatives, industrial development agencies, nonprofit organizations, and
other persons to undertake the development of
small hydroelectric power projects in connection with existing dams which are not being
used to generate electric power.
(Pub. L. 95–617, title IV, § 401, Nov. 9, 1978, 92
Stat. 3154.)
REFERENCES IN TEXT
The Secretary, referred to in text, means the Secretary of Energy, see section 2602(14) of this title.
PROMULGATION OF IMPLEMENTING RULES AND
REGULATIONS
Pub. L. 96–294, title IV, § 408(d), June 30, 1980, 94 Stat.
718, provided that: ‘‘The Secretary shall take such action as may be necessary to assure the establishment,
as soon as possible after the date of the enactment of
this Act [June 30, 1980] (and in any event within six
months after such date in the case of the amendments
made by subsections (a) and (c) of this section and in
the case of the loan program under section 403 of the
Public Utility Regulatory Policies Act of 1978) [amending section 2708 of the title, and section 2703 of this
title respectively], of such rules and regulations as may
be necessary to fully implement his responsibilities
under title IV of the Public Utility Regulatory Policies
Act of 1978 [this subchapter] and the amendments
thereto made by this section [amending sections 2705
and 2708 of this title]’’.

§ 2702. Loans for feasibility studies
(a) Loan authority
The Secretary, after consultation with the
Commission, is authorized to make a loan to
any municipality, electric cooperative, industrial development agency, nonprofit organization, or other person to assist such person in defraying up to 90 percent of the costs of—