Page:United States Statutes at Large Volume 94 Part 3.djvu/74

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2718

Publication in Federal Register.

Public hearings.

PUBLIC LAW 96-501—DEC. 5, 1980

conservation and to acquire renewable resources installed by a residential or small commercial consumer to reduce load, pursuant to subsection (a)(1) of this section. (c)(1) For each proposal under subsection (a), (b), (f), (h), or (1) of this section to acquire a major resource, to implement a conservation measure which will conserve an amount of electric power equivalent to that of a major resource, to pay or reimburse investigation and preconstruction expenses of the sponsors of a major resource, or to grant billing credits or services involving a major resource, the Administrator shall— (A) publish notice of the proposed action in the Federal Register and provide a copy of such notice to the Council, the Governor of each State in which facilities would be constructed or a conservation measure implemented, and the Administrator's customers; (B) not less than sixty days following publication of such notice, conduct one or more public hearings, presided over by a hearing officer, at which testimony and evidence shall be received, with opportunity for such rebuttal and cross-examination as the hearing officer deems appropriate in the development of an adequate hearing record; (C) develop a record to assist in evaluating the proposal which shall include the transcript of the public hearings, together with exhibits, and such other materials and information as may have been submitted to, or developed by, the Administrator; and (D) following completion of such hearings, promptly provide to the Council and make public a written decision that includes, in addition to a determination respecting the requirements of subsection (a), (b), (f), (h), (1), or (m) of this section, as appropriate— (i) if a plan is in effect, a finding that the proposal is either consistent or inconsistent with the plan or, notwithstanding its inconsistency with the plan, a finding) that it is needed to meet the Administrator's obligations linder this Act, or (ii) if no plan is in effect, a finding that the proposal is either consistent or inconsistent with the criteria of section 4(e)(l) and the considerations of section 4(e)(2) of this Act or notwithstanding its inconsistency, a finding that it is needed to meet the Administrator's obligations under this Act. In the case of subsection (f) of this section, such decision shall be treated as satisfying the applicable requirements of this subsection and of subsection (f) of this section, if it includes a finding of probable consistencv, based upon the Administrator's evaluation of information available at the time of completion of the hearing under this paragraph. Such decision shall include the reasons for such finding. (2) Within sixty days of the receipt of the Administrator's decision pursuant to paragraph (1)(D) of this subsection, the Council may determine by a m^ority vote of all members of the Council, and notify the Aoministrator— (A) that the proposal is either consistent or inconsistent with theplan, or (B) if no plan is in effect, that the proposal is either consistent or inconsistent with the criteria of section 4(e)(l) and the considerations of section 4(e)(2). (3) The Administrator may not implement any proposal referred to in paragraph (1) that is determined pursuant to paragraph (1) or (2) by either the Administrator or the Council to be inconsistent with the