Sec. 226. ALTERNATIVE STATE PLANS

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## SEC. 226 ALTERNATIVE STATE PLANS ###

(a)In General A Governor of any State, any State regulatory authority, or any agency or instrumentality of a State may elect, to the extent authorized under State law, to formulate and certify an alternative State plan for residential buildings under this section. ###

(b)Consequences of Certification ####

(1)Beginning with the date on which the certification of a plan is made with respect to a State under subsection

(d)and ending with the date on which a plan is no longer in effect under this section with respect to such State— #####

(A)subsections

(a)through (c)(3) of section 212, sections 213 through 215 and sections 217 and 218 shall not apply with respect to— ######

(i)regulated utilities in such State, and ######

(ii)nonregulated utilities which are included in the plan; #####

(B)section 219 shall apply to utilities described in subparagraph

(A)only to the extent provided for in subsection (f); and #####

(C)sections 212 through 219 shall apply to nonregulated utilities which are not included in the plan or which have not received an exemption under section 227. ####

(2)Except as provided in subsection (f), any State for which a plan is certified under subsection

(d)shall continue to have such plan in effect until June 30, 1989. ###

(c)Content of Plan A plan certified pursuant to this section shall— ####

(1)be designed to result in annual residential energy conservation savings of 2 percent or more; ####

(2)contain the goals established for the plan and an analysis of the data and rationale used by the entity in charge of formulating the plan to determine that the plan is likely to achieve such goals; ####

(3)contain adequate procedures to assure that, if a public utility supplies or installs residential energy conservation measures, such actions shall be consistent with section 216 and prices and rates of interest charged shall be fair and reasonable; and ####

(4)contain adequate procedures for preventing unfair, deceptive, or anticompetitive acts or practices affecting commerce which relate to the implementation of such plan. ###

(d)Certification ####

(1)The entity which elects to certify a plan under this section shall certify, pursuant to a form to be prescribed by the Secretary (except as provided by paragraph (2)), to the Secretary that— #####

(A)the plan meets the requirements of subsection (c); #####

(B)the plan is likely to achieve the goals established for the plan if it is adequately implemented; and #####

(C)the plan will be adequately implemented. ####

(2)If a form is not made available by the Secretary within 90 days after the date of the enactment of this section, the entity in charge of certifying the plan may make such certification on a form prescribed by such entity. ####

(3)Any certification under this subsection shall include a detailed explanation of the manner in which the contents of the plan will be implemented. ###

(e)Annual Report ####

(1)The entity which certifies a plan under subsection

(d)shall submit an annual report to the Secretary, within 60 days after the end of the 1-year period to which the report relates, describing the implementation of the plan and the results thereof. ####

(2)Such report shall include— #####

(A)a statement of the number of residential buildings receiving benefits under the plan, #####

(B)an estimate of the actual energy savings resulting from the plan and a description of the sources of such savings, #####

(C)a statement of the percentage of individuals with low and moderate incomes who receive benefits under the plan, #####

(D)a detailed description of the benefits provided under the plan and of how the plan is implemented, and #####

(E)the names of the entities carrying out the plan. ####

(3)The first such report shall be made by an entity within the 14-month period that begins with the date that such entity certified a plan under this section. ###

(f)Administration and Judicial Enforcement Proceedings ####

(1)#####

(A)At any time more than 1 year after an alternative State plan has been certified under subsection

(d)with respect to a State, any customer of a utility subject to such alternative State plan may petition the Secretary of Energy to conduct a public hearing to determine if the alternative State plan has been adequately implemented. A copy of such petition shall be transmitted to the entity in charge of the plan on the same date it is transmitted to the Secretary. #####

(B)Within 60 days after the date on which a petition is received under subparagraph (A), the Secretary shall— ######

(i)conduct the hearing requested in such petition; or ######

(ii)notify in writing the customer submitting such petition of the Secretary's reasons for determining that such a hearing is not justified in the public interest. #####

(C)The Secretary shall provide advance notice to the public of any hearing carried out as a result of a petition submitted under subparagraph (A). Any determination by the Secretary concerning the adequacy of the implementation of any alternative State plan shall be on the record and shall be published in the Federal Register within 60 days after such determination is made. #####

(D)Any person alleging that he is likely to be injured as a result of a determination by the Secretary under this paragraph may, within 60 days after publication or notification of such determination, institute an action appealing the determination in the United States Court of Appeals for the appropriate judicial circuit. The Court shall review the determination of the Secretary in accordance with the Administrative Procedures Act, and shall have jurisdiction to affirm, modify, set aside, in whole or in part, or to remand such determination to the Secretary for such other action as the Court may direct. ####

(2)Except as provided in paragraph (3), if any determination by the Secretary that the alternative State plan has not been adequately implemented becomes final and may not be appealed, the Secretary shall, within 30 days of the date on which the determination may no longer be appealed, initiate standby authority under section 219 with respect to such State. ####

(3)If a State which had an approved plan in effect under section 212 on the day before the date on which certification was made under this section informs the Secretary in writing, within 30 days after receiving a copy of the petition described in paragraph (1), that it will no longer implement a plan certified under this section and that it will implement the approved plan which was in effect in the State on the day before certification of the alternative plan under this section, then— #####

(A)the determinations and actions described in paragraph

(1)may not be carried out; and #####

(B)sections 212 through 219 shall apply in such State except to the extent that waivers are provided for utilities under section 227 in such State. ###

(g)Coverage A plan certified under this section shall not apply to utilities other than utilities covered under section 211(a). ###

(h)Inclusion of Nonregulated Utilities A nonregulated utility may not be included in a plan under this section unless such inclusion is authorized under State law or the nonregulated utility agrees to such inclusion. ###

(i)Incentives The entity in charge of a plan under this section, or a State regulatory authority, may, to the extent permitted under State law, provide incentives for utilities to meet the goals contained in the State's alternative plan, including providing such utilities that meet or exceed such goals with a rate of return on expenditures made for the purpose of accomplishing such goals. ###

(j)Utilities With Retail Service Territories in More Than 1 State For purposes of this section, any utility with a retail service territory in more than one State shall be considered to be a separate utility with respect to each State in which its retail service territory is located. ###

(k)Amendment of a Plan ####

(1)Except as provided by paragraph (2), a plan certified under this section may be amended by any amendment— #####

(A)consistent with the requirements of subsection (c); and #####

(B)certified to the Secretary of Energy in a manner consistent with the requirements applicable to the certification of a plan under subsection (d). ####

(2)A plan certified under this section may not be amended— #####

(A)during the first year after it is certified; or #####

(B)more than once a year thereafter. **[**[42 U.S.C. 8227](/us/usc/t42/s8227)**]**

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42 USC 8227

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Sec. 226

ALTERNATIVE STATE PLANS

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