92 STAT. 3122 ' * '
PUBLIC LAW 95-617—NOV. 9, 1978 (c) IMPLEMENTATION.—(1) The State regulatory authority (with respect to each electric utility for which it has ratemaking authority) or nonregulated electric utility may, to the extent consistent with otherwise applicable State law— (A) implement any such standard determined under subsection (a) to be a p p r o p r i a t e to carry out the purposes of this title, or (B) decline to implement any such standard. (2) I f a State regulatory authority (with respect to each electric utility for which it has ratemaking authority) or nonregulated electric utility declines to implement any standard established by subsection (d) which is determmed under subsection (a) to be appropriate to carry out the purposes of this title, such authority or nonregulated electric utility shall state in writing the reasons therefor. Such statement of reasons shall be available to the public. (d) ESTABLISHMENT.—The following Federal standards are hereby established:
Federal standards.
(1) COST OF SERVICE.—Kates c h a r g e d by any electric u t i l i t y for
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providing electric service to each class of electric consumers shall be designed, to the maximum extent practicable, to reflect the costs of providing electric service to such class, as determined under section 115(a). (2) D E C L I N I N G BLOCK RATES.—The energy component of a r a t e,
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or the amount attributable to the energy component in a rate, charged by any electric utility for providing electric service during any period to any class of electric consumers may not decrease as kilowatt-hour consumption by such class increases during such period except to the extent that such utility demonstrates that the costs to such utility of providing electric service to such class, which costs are attributable to such energy component, decrease as such consumption increases during such period. (3) TiME-OF-DAY RATES.—The rates charged by any electric utility for providing electric service to each class of electric consumers shall be on a time-of-day basis which reflects the costs of providing electric service to such class of electric consumers at different times of the d a y unless such rates are not cost-effective with respect to such class, as determined under section 115(b). (4) SEASONAL RATES.—The rates charged by an electric utility for providing electric service to each class of electric consumers shall be on a seasonal basis which reflects the costs of providing service to such class of consumers a t different seasons of the year to the extent that such costs vary seasonally for such utility. (5) INTERRUPTIBLE RATES.—Each electric Utility shall offcr each industrial and commercial electric consumer an interruptible rate which reflects the cost of providing interruptible service to the class of which such consumer is a member. (6) LOAD
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16 USC 2622.
MANAGEMENT TECHNIQUES.—Each
electric
utility
shall offer to its electric consumers such load management techniques as the State regulatory authority (or the nonregulated electric utility) has determined will—• (A) be practicable and cost-effective, as determined under section 115(c), (B) be reliable, and (C) provide useful energy or capacity management advantages to the electric utility. SEC. 112. OBLIGATIONS TO CONSIDER AND DETERMINE. (a) REQUEST FOR CONSIDERATION AND DETERMINATION. — E a c h State
regulatory authority (with respect to each electric utility for which
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