16 U.S.C. § 2624

Lifeline rates

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(a) Lower rates

No provision of this chapter prohibits a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or a nonregulated electric utility from fixing, approving, or allowing to go into effect a rate for essential needs (as defined by the State regulatory authority or by the nonregulated electric utility, as the case may be) of residential electric consumers which is lower than a rate under the standard referred to in section 2621(d)(1) of this title.

(b) Determination

If any State regulated electric utility or nonregulated electric utility does not have a lower rate as described in subsection (a) in effect two years after November 9, 1978, the State regulatory authority having ratemaking authority with respect to such State regulated electric utility or the nonregulated electric utility, as the case may be, shall determine, after an evidentiary hearing, whether such a rate should be implemented by such utility.

Section 2634 of this title shall not apply to the requirements of this section.

(Pub. L. 95–617, title I, § 114, Nov. 9, 1978, 92 Stat. 3124.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), 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 5 cases, 1981–1983 · 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 2× “Finally, § 114 of the Act, 16 U. S. C. § 2624 , directs each state authority and nonregulated utility to consider promulgation of "lifeline rates" that is, lower rates for service that meets the essential needs of residential consumers if such rates have not been adopted by…”

Idaho Power Co. v. Idaho Pub. Utils. Comm'n, 639 P.2d 442 (Idaho 1981). · cites it 2× “§ 2623 (b)), and the standard concerning lifeline rates ( see 16 U.S.C. § 2624 ). Among the five standards of 16 U.”

Earle M. Jorgensen Co. v. City of Seattle, 665 P.2d 1328 (Wash. 1983). · cites it 2× “See 16 U.S.C. § 2624 (b) (Supp. 2, 1978). The City complied with these provisions.”

Citizens Action Coalition of Indiana, Inc. v. Pub. Serv. Co. of Indiana, 450 N.E.2d 98 (Ind. Ct. App. 1983). · cites it 2× “" 1 Section 114, 16 U.S.C.A. § 2624 (Supp.1982), however, mandated state utility regulatory agencies to conduct evidentiary hearings to determine the desirability of adopting rate structures which would provide residential customers with enough electricity to meet their…”

In re Hawaiian Elec. Co., 669 P.2d 148 (Haw. 1983). · cites it 2× “Directors Association (HCAP DA)) intervened, asking that the Commission establish so-call lifeline rates pursuant to § 114, Title I of the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. § 2624 which states: Section 114.”

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