16 U.S.C. § 2623

Adoption of certain standards

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(a) Adoption of standardsNot later than two years after November 9, 1978, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall provide public notice and conduct a hearing respecting the standards established by subsection (b) and, on the basis of such hearing, shall—(1) adopt the standards established by subsection (b) (other than paragraph (4) thereof) if, and to the extent, such authority or nonregulated electric utility determines that such adoption is appropriate to carry out the purposes of this chapter, is otherwise appropriate, and is consistent with otherwise applicable State law, and(2) adopt the standard established by subsection (b)(4) if, and to the extent, such authority or nonregulated electric utility determines that such adoption is appropriate and consistent with otherwise applicable State law.For purposes of any determination under paragraphs (1) or (2) and any review of such determination in any court in accordance with section 2633 of this title, the purposes of this chapter supplement otherwise applicable State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to adopt any such standard, pursuant to its authority under otherwise applicable State law.(b) EstablishmentThe following Federal standards are hereby established:(1) Master metering

To the extent determined appropriate under section 2625(d) of this title, master metering of electric service in the case of new buildings shall be prohibited or restricted to the extent necessary to carry out the purposes of this chapter.

(2) Automatic adjustment clauses

No electric utility may increase any rate pursuant to an automatic adjustment clause unless such clause meets the requirements of section 2625(e) of this title.

(3) Information to consumers

Each electric utility shall transmit to each of its electric consumers information regarding rate schedules in accordance with the requirements of section 2625(f) of this title.

(4) Procedures for termination of electric service

No electric utility may terminate electric service to any electric consumer except pursuant to procedures described in section 2625(g) of this title.

(5) Advertising

No electric utility may recover from any person other than the shareholders (or other owners) of such utility any direct or indirect expenditure by such utility for promotional or political advertising as defined in section 2625(h) of this title.

Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility, within the two-year period specified in subsection (a), shall (1) adopt, pursuant to subsection (a), each of the standards established by subsection (b) or, (2) with respect to any such standard which is not adopted, such authority or nonregulated electric utility shall state in writing that it has determined not to adopt such standard, together with the reasons for such determination. Such statement of reasons shall be available to the public.

(Pub. L. 95–617, title I, § 113, Nov. 9, 1978, 92 Stat. 3123.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

Notes of Decisions

Cited in 8 cases, 1981–2007 · leading case: Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982).

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Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). · cites it 4× “Section 113 of PURPA, 16 U. S. C. § 2623 , requires each state regulatory authority and nonregulated utility to consider the adoption of a second set of standards relating to the *748 terms and conditions of electricity service: (1) prohibition of master-metering in new…”

Idaho Power Co. v. Idaho Pub. Utils. Comm'n, 639 P.2d 442 (Idaho 1981). · cites it 8× “§ 2621 (d)), five other unrelated standards ( see 16 U.S.C. § 2623 (b)), and the standard concerning lifeline rates ( see 16 U.”

Utah State Coalition of Senior Citizens v. Utah Power & Light Co., 776 P.2d 632 (Utah 1989). · cites it 2× “2 See PURPA, § 113, 16 U.S.C. § 2623 (1982). PURPA required that the hearings be completed and the standards adopted or rejected within two years.”

Westside Dixon Assocs. LLC v. Utah Power & Light Co., 2002 UT 31 (Utah 2002). “" 16 U.S.C. § 2623 (b)(1)(2000) (emphasis added).”

Boston Gas Co. v. Dep't of Pub. Utils., 539 N.E.2d 1001 (Mass. 1989). “See 16 U.S.C. § 2623 (b) (5) and § 2625 (h) (2) (1982) (electric utilities), and 15 U.”

Greenwood Prof'l Park v. Pub. Serv. Comm'n, 487 N.E.2d 472 (Ind. Ct. App. 1986). “16 U.S.C. § 2623 (b)(1) establishes the standard of prohibiting, with exceptions, the use of master metering in new buildings.”

Rodriguez-Feliciano v. Puerto Rico Elec. Power Auth., 488 F. Supp. 2d 45 (D.P.R. 2007). “See 16 U.S.C. §§ 2623 (a), 2631(a). Further, Plaintiffs allege that no procedure is in place for termination of *47 services to handicapped or elderly customers, which is also required under PURPA.”

Nat. Resources Council v. Pub. Utils. Comm'n, 567 A.2d 71 (Me. 1989). “, 16 U.S.C.A. § 2623 (b)(l)-(5) (West 1985).”

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