Page:United States Statutes at Large Volume 100 Part 1.djvu/978

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 942

, >:., L •

, ' 15 USC 45.

Ante, p. 941. j^

42 USC 8220.

PUBLIC LAW 99-412—AUG. 28, 1986

engaging in any activity described in subsection (g)(2), a person alleging injury from any such activity may request— "(A) to the extent authorized under State law, a State regulatory authority; or "(B) in any case described in paragraph (2), the Federal Trade Commission, to review an activity being carried out by such a public utility in whole or in part in such State. Such request shall contain a description of the actions of the utility alleged to constitute an activity described in subsection (g)(2); an allegation that an injury has been incurred by the person requesting the review; and an allegation that such injury resulted from an activity described in subsection (g)(2). "(2) The Federal Trade Commission may review an activity of a public utility as a result of a request made under paragraph (1) only if— "(A) a State regulatory authority has— "(i) informed the resident making the request that it will uni not review such activity for the purpose described in paragraph (1); or ' "(ii) within the 90-day period beginning on the date on which the request to review such activity was made to the State regulatory authority by the resident, failed to inform the resident that it will review such activity for such purpose; or "(B) a State regulatory authority has informed the resident that it will review such activity for such purpose but has failed '} to initiate a proceeding for such purpose during the 6-month period beginning on the date on which the request to review ' such activity was made to the State regulatory authority by the resident. "(3) If a request for review is made to the Commission in any case described in paragraph (2), and the Commission determines, on the basis of the information provided, that there is reason to believe that the public utility is carrying out an activity described in subsection (g)(2), the Commission shall issue and serve upon such utility a complaint and a notice of hearing and conduct a proceeding in accordance with section 5(b) of the Federal Trade Commission Act to determine if such an activity is being carried out by the utility. "(4) If the Commission makes a determination pursuant to a proceeding described in paragraph (3) that a public utility is carrying out an activity described in subsection (g)(2) of this section, the Commission shall, utilizing the authority of the Commission to enforce prohibitions made by section 5 of the Federal Trade Commission Act, take appropriate action to enforce the prohibition in subsection (g)(2) of this section. "(5) Any violation of a prohibition contained in this section other than a violation of subsection (g)(2) shall be treated, for purposes of section 219(d), as a violation of a plan promulgated under section 219(a).". (c) CONFORMING AMENDMENTS.—(1) Section 216(c)(2)(A) of such Act (42 U.S.C. 8217(c)(2)(A)) (relating to an exemption from the prohibition on supply and installation by a public utility) is amended by inserting the following before the semicolon at the end: "or other activities described in subsection (g)(2)". (2) Section 216(f) of such Act (42 U.S.C. 8217(f)) (relating to the applicability of section 215) is amended by striking out "(d)(2)",