Sec. 227. WAIVER FOR REGULATED AND NONREGULATED UTILITIES

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## SEC. 227 WAIVER FOR REGULATED AND NONREGULATED UTILITIES ###

(a)Waiver Any utility subject to this part may, upon request, receive a waiver from the Secretary from any provision of this part or from any provision of a State residential energy conservation plan under this part if the utility shows in appropriate State proceedings and the appropriate State officials find that— ####

(1)the existing and planned residential energy conservation programs that will be implemented by the utility if a waiver from such provision is approved will result in savings in petroleum, natural gas or electric energy consumed in residential buildings served by the utility that are equal to or greater than the savings that would be achieved in connection with a properly implemented State residential conservation service plan under this part; and ####

(2)adequate procedures are in effect that prevent unfair, deceptive or anticompetitive acts or practices affecting commerce that relate to the implementation of such residential energy conservation programs, including provisions to assure that any person who alleges any injury resulting from unfair, deceptive or anticompetitive acts or practices in connection with such programs shall be entitled to redress under such procedures as may be established by the Governor in the State in which the utility provides utility service. ###

(b)Definition For purposes of this section the term “**residential energy conservation program**” means any program carried out by a utility that has as its purpose— ####

(1)increasing the efficiency with which petroleum, natural gas or electric energy is consumed in residential buildings served by such utility; or ####

(2)utilizing solar or other forms of renewable energy in residential buildings served by such utility. ###

(c)Approval The Secretary shall approve a request of a utility for a waiver under subsection

(a)if the Secretary determines that— ####

(1)opportunity for a hearing on the request for a waiver has been provided in the State in which the utility provides utility service; and ####

(2)in the case of a regulated utility, the Governor of the State in which the utility provides utility service and the State regulatory authority that has ratemaking authority with respect to such utility both— #####

(A)find that the showings under subsections

(1)and

(2)are sufficient; and #####

(B)support the request by the utility for the waiver; or ####

(3)in the case of a nonregulated utility subject to a State residential energy conservation plan under section 212(c)(2), the Governor of the State in which the utility provides utility service— #####

(A)finds that the showings under subsections

(1)and

(2)are sufficient; and #####

(B)supports the request by the utility for the waiver. ###

(d)Annual Review and Revocation of Waiver ####

(1)The provisions of this subsection do not apply to a nonregulated utility unless such utility is subject to a State residential energy conservation plan under section 212(c)(2). ####

(2)Any utility that receives a waiver under this section shall provide the Governor of the State in which that utility provides utility service with an annual report describing the performance of its residential energy conservation programs in relation to the showings of such utility under subsections

(1)and (2). ####

(3)The Secretary shall revoke any waiver received by a utility under this section upon a request under this subsection by the Governor of the State in which the utility provides utility service. Such a request shall be made upon a finding— #####

(A)in the case of a regulated utility, by such Governor with the concurrence of the State regulatory authority that has ratemaking authority with respect to such utility; or #####

(B)in the case of a nonregulated utility subject to a State residential energy conservation plan under section 212(c)(2), by such Governor, that the savings described in subsection (a)(1) on an annual basis are less than the savings in the year prior to the approval of the waiver or that the procedures referred to in subsection (a)(2) are no longer adequate. ####

(4)A request under paragraph

(3)with respect to any utility may be submitted to the Secretary by a Governor only after review and opportunity for a hearing on the performance of the residential energy conservation programs of such utility. In order to facilitate such review and hearing, the utility shall provide to the Governor such information as the Governor requests about such residential energy conservation programs. **[**[42 U.S.C. 8228](/us/usc/t42/s8228)**]**

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42 USC 8228

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Sec. 227

WAIVER FOR REGULATED AND NONREGULATED UTILITIES

Cite42 USC 8228

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