16 U.S.C. § 2611 — Purposes

Page 2197 TITLE 16—CONSERVATION § 2621 CODIFICATION This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter. AMENDMENTS 1992—Pars. (19) to (21). Pub. L. 102–486 added pars. (19) to (21). § 2603. Relationship to antitrust laws Nothing in this Act or in any amendment made by this Act affects— (1) the applicability of the antitrust laws to any electric utility or gas utility (as defined in section 3202 of title 15), or (2) any authority of the Secretary or of the Commission under any other provision of law (including the Federal Power Act [16 U.S.C. 791a et seq.] and the Natural Gas Act [15 U.S.C. 717 et seq.]) respecting unfair methods of com- petition or anticompetitive acts or practices. (Pub. L. 95–617, § 4, Nov. 9, 1978, 92 Stat. 3120.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. The Federal Power Act, referred to in par. (2), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 791a of this title and Tables. The Natural Gas Act, referred to in par. (2), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. CODIFICATION This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter. SUBCHAPTER I—RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES § 2611. Purposes The purposes of this chapter are to encour- age— (1) conservation of energy supplied by elec- tric utilities; (2) the optimization of the efficiency of use of facilities and resources by electric utilities; and (3) equitable rates to electric consumers. (Pub. L. 95–617, title I, § 101, Nov. 9, 1978, 92 Stat. 3120.) Editorial Notes 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 sub- chapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sec- tions 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables. § 2612. Coverage (a) Volume of total retail sales This chapter applies to each electric utility in any calendar year, and to each proceeding relat- ing to each electric utility in such year, if the total sales of electric energy by such utility for purposes other than resale exceeded 500 million kilowatt-hours during any calendar year begin- ning after December 31, 1975, and before the im- mediately preceding calendar year. (b) Exclusion of wholesale sales The requirements of this chapter do not apply to the operations of an electric utility, or to proceedings respecting such operations, to the extent that such operations or proceedings re- late to sales of electric energy for purposes of resale. (c) List of covered utilities Before the beginning of each calendar year, the Secretary shall publish a list identifying each electric utility to which this chapter ap- plies during such calendar year. Promptly after publication of such list each State regulatory authority shall notify the Secretary of each electric utility on the list for which such State regulatory authority has ratemaking authority. (Pub. L. 95–617, title I, § 102, Nov. 9, 1978, 92 Stat. 3121.) Editorial Notes 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 sub- chapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sec- tions 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables. § 2613. Federal contracts Notwithstanding the limitation contained in section 2612(b) of this title, no contract between a Federal agency and any electric utility for the sale of electric energy by such Federal agency for resale which is entered into or renewed after November 9, 1978, may contain any provision which will have the effect of preventing the im- plementation of any requirement of subchapter II or III. Any provision in any such contract which has such effect shall be null and void. (Pub. L. 95–617, title I, § 103, Nov. 9, 1978, 92 Stat. 3121.) SUBCHAPTER II—STANDARDS FOR ELECTRIC UTILITIES § 2621. Consideration and determination respect- ing certain ratemaking standards (a) Consideration and determination Each State regulatory authority (with respect to each electric utility for which it has rate- making authority) and each nonregulated elec- tric utility shall consider each standard estab- lished by subsection (d) and make a determina- tion concerning whether or not it is appropriate to implement such standard to carry out the purposes of this chapter. For purposes of such consideration and determination in accordance with subsections (b) and (c), and for purposes of any review of such consideration and determina- tion in any court in accordance with section 2633 of this title, the purposes of this chapter supple-