Sec. 501. Wholesale demand response
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Section 3 of the Federal Power Act ( 16 U.S.C. 796 ) is amended— in paragraph (17)(C)— by indenting appropriately; and by inserting (including a demand response energy resource in any State in which a State regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph
(20)of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( before 16 U.S.C. 2621(d) )) that the Commission determines ; in paragraph (18)(B)— by indenting appropriately; and by inserting (including a demand response energy resource in any State in which a State regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph
(20)of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( before 16 U.S.C. 2621(d) )) that the Commission determines ; and by adding at the end the following: The term aggregator means a wholesale buyer or broker of electric utility service who packages the electric utility service for sale to a local distribution utility. The term demand response energy resource means a resource bid into an organized wholesale market or sold to an electricity utility service provider that includes— a direct load control program that provides the ability for power companies to cycle air conditioners and water heaters on and off during periods of peak demand in exchange for a financial incentive and lower electric bills; or time-of-use pricing that— may account for locational benefit; is provided on an unbundled basis after— accounting for the 2-way valuation of time-of-use rates; and progressing to real-time pricing; and is provided for— energy sold to an electric utility; energy purchased from an electric utility; capacity; energy conservation; demand-side management or demand response; peak monthly demand; or the provision of ancillary services. The term electric utility service means the safe and reliable provision of end-use electricity. The term organized market means an auction-based day-ahead and real-time wholesale market— in which a single entity may— receive 1 or more offers to sell, or bids to buy, electric energy or ancillary services from 1 or more sellers, or buyers, respectively; and determine which sales and purchases are completed, and at what prices, based on formal rules contained in tariffs approved by the Commission; and the prices of which are used by transmission organizations for establishing transmission usage charges set by the Federal Energy Regulatory Commission. . Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ) is amended by adding at the end the following: The Commission shall require that sellers and aggregators of demand response energy resources be permitted to participate in any organized market on terms that are— comparable to terms applicable to sellers of electric capacity or energy; and just, reasonable, and not unduly discriminatory. .
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