Sec. 215. UTILITY PROGRAMS

940 words·~4 min read·/statute-compilations/comps-10424/sec-215

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 215 UTILITY PROGRAMS ###

(a)Information Requirements Each utility program shall include procedures designed to inform, no later than January 1, 1980, or the date six months after the approval of the applicable plan under section 212, if later, and each two years thereafter before June 30, 1989 (but not more often than once during the period beginning on the date of the enactment of the Conservation Service Reform Act of 1986 and ending on June 30, 1989) each of its residential customers who owns or occupies a residential building, of— ####

(1)the suggested measures for the category of buildings which includes such residential building; ####

(2)the savings in energy costs that are likely to result from installation of the suggested measures in typical residential buildings in such category; ####

(3)the availability of the arrangements described in subsection (b); and ####

(4)suggestions of energy conservation techniques, including suggestions developed by the Secretary, such as adjustments in energy use patterns and modifications of household activities which can be employed by the residential customer to save energy and which do not require the installation of energy conservation measures (including the savings in energy costs that are likely to result from the adoption of such suggestions). ###

(b)Project Manager Requirements Each utility program shall include procedures whereby the public utility, no later than January 1, 1980, or the date six months after the approval of the applicable plan under section 212, if later, will, for each residential customer who owns or occupies a residential building, offer to inspect the residential building (either directly or through one or more inspectors under contract) to determine and inform the residential customer of the estimated cost of purchasing and installing the suggested measures and the savings in energy costs that are likely to result from the installation of such measures (a report of which inspection shall be kept on file for not less than 5 years which shall be available to any subsequent owner without charge), except that a utility shall be required to make only one inspection of a residence unless a new owner requests a subsequent inspection. ###

(c)Requirements Concerning Accounting and Payment of Costs ####

(1)Each utility program shall include— #####

(A)procedures to assure that all amounts expended or received by the utility which are attributable to the utility program (including any penalties paid by such utility under section 219(d)) are accounted for on the books and records of the utility separately from amounts attributable to all other activities of the utility; #####

(B)procedures to assure that all amounts expended by a utility for providing information under subsection

(a)are to be treated for such purposes as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing such utility service; #####

(C)procedures to permit general administrative costs of carrying out a utility program and the amounts expended by a public utility to carry out subsection

(b)to be recovered in the manner specified by the State regulatory authority which has ratemaking authority over such utility (or in the case of a nonregulated utility in the manner specified by such nonregulated utility); except that the amount that may be recovered directly from a residential customer for whom the activities described in subsection

(b)are performed shall not exceed a total of $15 per dwelling unit or the actual cost of such activities, whichever is less; in determining the amount to be recovered directly from customers as provided under this subparagraph, the State regulatory authority (in the case of a regulated utility) or the utility (in the case of a nonregulated utility) shall take into consideration, to the extent practicable, the customers' ability to pay and the likely levels of participation in the utility program which will result from such recovery. ####

(2)#####

(A)Any portion of the costs of carrying out any activity as a part of a utility program under this section which are charged to the residential customer for whom such activity is performed and included on a billing for utility service submitted by the utility to such residential customer shall be stated separately on such billing from the cost of providing utility service. #####

(B)For purposes of this subsection, the term “**ratepayer**” means any person, State agency, or Federal agency who purchases electric energy or natural gas from a utility. ###

(d)Requirements Respecting New Customers In the case of any person who becomes a residential customer of a utility carrying out a utility program under this section after January 1, 1980 (or the date six months after approval of the applicable plan, if later), and before June 30, 1989, not later than 60 days after such person becomes a residential customer of such utility, such utility shall inform such person of the items listed in subsection (a), and the offer required under subsection (b). ###

(e)Termination of Service No utility implementing any program under this section may terminate utility service to any customer by reason of any default of such customer with respect to payments due for energy conservation measures installed pursuant to such program. ###

(f)Exempt Activities For purposes of this section, the term “**utility program**” includes activities which are subject to this section by reason of section 216(f) ###

(g)Exemption of Certain Multifamily Buildings The provisions of this section shall not apply to any building which has five or more dwelling units and which does not contain individual meters for the dwelling units therein. **[**[42 U.S.C. 8216](/us/usc/t42/s8216)**]**

Connections1 off-index

1 reference not yet in our index

42 USC 8216

Citation graph

cites case law

Sec. 215

UTILITY PROGRAMS

Cite42 USC 8216

Cites 1Cited by 0 across 0 sources