Page:United States Statutes at Large Volume 92 Part 3.djvu/585

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-619—NOV. 9, 1978 (B) Any portion of the costs of carrying out any activity as a part of a utility program under this section which are charged to the residential customer for whom such activity is performed and included on a 'billing for utility service submitted by the utility to such residential customer shall be stated separately on such billing from the cost of providing utility service. (C) For purposes of this subsection, the term "ratepayer" means any person, State agency, or Federal agency who purchases electric energy or n a t u r a l gas from a utility.

92 STAT. 3217

"Ratepayer."

(d) REQUIREMENTS RESPECTING N E W CUSTOMERS.—In the case of

any person who becomes a residential customer of a utility carrying out a utility program under this section after January 1, 1980 (or the date six months after approval of the applicable plan, if l a t e r), and before January 1, 1985, not later than 60 days after such person becomes a residential customer of such utility, such utility shall inform such person of the items listed i n subsection (a), the offer required under subsection (b)(1)(A), and shall offer such person the opportunity to enter into arrangements referred to in subparagraphs (B) and (C) of subsection (b)(1). (e) TERMINATION OF SERVICE.—No utility implementing any program under this section may terminate utility service to any customer by reason of any default of such customer with respect to payments due for energy conservation measures installed pursuant to such program. (f) LOANS.—(1) I n the case of any loan made by a public utility (as may be permitted under subsection (c), (d)(1), (d)(2), or (e) of section 216) to a residential customer under a utility program under this part, the public utility carrying out such program shall permit the residential customer to repay the principal and interest of such loan as a part of his periodic bill (over a period of not less than 3 years unless he elects a shorter payment period). I n the case of a loan made by any other person, the public utility shall permit repayment of the loan as part of the periodic bill if such other person agrees to repayment in such manner. (2) I n the case of any loan referred to in paragraph (1) — (A) a lump-sum payment of outstanding principal and interest may be required by the lender upon default (as determined under otherwise applicable law) in payment by the residential customer, and (B) n o penalty shall be imposed by the lender for payment of all or any portion of the outstanding loan amount prior to the date such payment would otherwise be due. (g) E X E M P T ACTIVITIES.—For purposes of this section, the term "Utility ^ ^ "utility program " includes activities which are subject to this section program." by reason of section 216(f). SEC. 216. SUPPLY, INSTALLATION, AND FINANCING BY PUBLIC UTILITIES. (a) PROHIBITION ON S U P P L Y, INSTALLATION, OR F I N A N C I N G. — E x c e p t

as provided in this section, no public utility may— (1) supply or install a residential energy conservation measure, or (2) make a loan to any residential customer for the purchase or installation of any residential energy conservation measure. (b) E X E M P T I O N F R O M P R O H I B I T I O N ON INSTALLATION.—The prohibi-

tion contained in subsection (a)(1) shall not apply to the energy con-

42 USC 8217.