Page:United States Statutes at Large Volume 92 Part 3.djvu/581

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-619—NOV. 9, 1978

92 STAT. 3213

Secretary within 30 days after promulgation of rules under subsection (a), apply to nonregulated utilities providing utility service in the • State in the same manner as to regulated utilities. I n any such case references elsewhere in this part to regulated utilities (including references to utilities with respect to which a State regulatory authority exercises ratemaking authority) shall, with respect to such State, be treated as references also to nonregulated utilities and references elsewhere in this part to nonregulated utilities shall not apply. For pur- "Nonregulated poses of this paragraph, the term "nonregulated utility" shall not utility." include any public utility which is a Federal agency. (3) A plan applicable to home heating suppliers may be submitted by the Governor in his discretion. " (4) I n the case of the Tennessee Valley Authority or any public utility with respect to which the Tennessee Valley Authority has ratem a k i n g authority, the authority otherwise vested in the Governor or State agency under this section shall be vested in the Tennessee Valley Authority. SEC. 213. REQUIREMENTS FOR STATE RESIDENTIAL ENERGY CONSERVATION PLANS FOR REGULATED UTILITIES. (a) GENERAL REQUIREMENTS.—No proposed residential energy con- 42 USC 8214. servation plan submitted for regulated utilities shall be approved by the Secretary unless such plan— (1) requires each regulated utility to implement a utility program which meets the requirements of section 215 (except such requirements of section 215 as do not apply by reason of section 2 1 6 (f)) and contains adequate State enforcement procedures in connection with such implementation; (2) provides a procedure for permitting any supplier or contractor— (A) who sells or installs residential energy conservation measures in the area served by such utility, and (B) who meets such minimum requirements as may be contained in rules promulgated by the Secretary under section 212(b)(2)(E) to be included on a list made public by such utility as provided under section 215(a)(3); (3) provides a procedure for permitting any bank, savings and loan association, credit union, or other public or private lending institution which— (A) offers loans for the purchase and installation of residential energy conservation measures in the areas served by ,; such utility and (B) which meets such minimum requirements as may be promulgated by the Secretary under section 2 1 2 (b)(2)(E) ' ' ^' to be included on a list made public by such utility as provided under section 215(a)(3); (4) provides adequate procedures to assure that each regulated utility will charge fair and reasonable prices and rates of interest to its residential customers under such utility program in connection with the purchase and installation of residential energy conservation measures; (5) provides procedures for resolving complaints against persons who sell or install residential energy conservation measures under such program; (6) provides procedures for insuring that effective coordina-