§ 2625. Special rules for standards
(a)
Cost of service
In undertaking the consideration and making the determination under section
2621 of this title with respect to the standard concerning cost of service established by section
2621
(d)(1) of this title, the costs of providing electric service to each class of electric consumers shall, to the maximum extent practicable, be determined on the basis of methods prescribed by the State regulatory authority (in the case of a State regulated electric utility) or by the electric utility (in the case of a nonregulated electric utility). Such methods shall to the maximum extent practicable—
(1)
permit identification of differences in cost-incurrence, for each such class of electric consumers, attributable to daily and seasonal time of use of service and
(2)
permit identification of differences in cost-incurrence attributable to differences in customer demand, and energy components of cost. In prescribing such methods, such State regulatory authority or nonregulated electric utility shall take into account the extent to which total costs to an electric utility are likely to change if—
(b)
Time-of-day rates
In undertaking the consideration and making the determination required under section
2621 of this title with respect to the standard for time-of-day rates established by section
2621
(d)(3) of this title and the standard for time-based metering and communications established by section
2621
(d)(14) of this title, a time-of-day rate charged by an electric utility for providing electric service to each class of electric consumers shall be determined to be cost-effective with respect to each such class if the long-run benefits of such rate to the electric utility and its electric consumers in the class concerned are likely to exceed the metering and communications costs and other costs associated with the use of such rates.
(c)
Load management techniques
In undertaking the consideration and making the determination required under section
2621 of this title with respect to the standard for load management techniques established by section
2621
(d)(6) of this title, a load management technique shall be determined, by the State regulatory authority or nonregulated electric utility, to be cost-effective if—
(d)
Master metering
Separate metering shall be determined appropriate for any new building for purposes of section
2623
(b)(1) of this title if—
(e)
Automatic adjustment clauses
(1)
An automatic adjustment clause of an electric utility meets the requirements of this subsection if—
(A)
such clause is determined, not less often than every four years, by the State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by the electric utility (in the case of a nonregulated electric utility), after an evidentiary hearing, to provide incentives for efficient use of resources (including incentives for economical purchase and use of fuel and electric energy) by such electric utility, and
(B)
such clause is reviewed not less often than every two years, in the manner described in paragraph (2), by the State regulatory authority having ratemaking authority with respect to such utility (or by the electric utility in the case of a nonregulated electric utility), to insure the maximum economies in those operations and purchases which affect the rates to which such clause applies.
(2)
In making a review under subparagraph (B) of paragraph (1) with respect to an electric utility, the reviewing authority shall examine and, if appropriate, cause to be audited the practices of such electric utility relating to costs subject to an automatic adjustment clause, and shall require such reports as may be necessary to carry out such review (including a disclosure of any ownership or corporate relationship between such electric utility and the seller to such utility of fuel, electric energy, or other items).
(3)
As used in this subsection and section
2623
(b) of this title, the term “automatic adjustment clause” means a provision of a rate schedule which provides for increases or decreases (or both), without prior hearing, in rates reflecting increases or decreases (or both) in costs incurred by an electric utility. Such term does not include an interim rate which takes effect subject to a later determination of the appropriate amount of the rate.
(f)
Information to consumers
(1)
For purposes of the standard for information to consumers established by section
2623
(b)(3) of this title, each electric utility shall transmit to each of its electric consumers a clear and concise explanation of the existing rate schedule and any rate schedule applied for (or proposed by a nonregulated electric utility) applicable to such consumer. Such statement shall be transmitted to each such consumer—
(2)
For purposes of the standard for information to consumers established by section
2623
(b)(3) of this title, each electric utility shall transmit to each of its electric consumers not less frequently than once each year—
(A)
a clear and concise summary of the existing rate schedules applicable to each of the major classes of its electric consumers for which there is a separate rate, and
Such summary may be transmitted together with such consumer’s billing or in such other manner as the State regulatory authority or nonregulated electric utility deems appropriate.
(3)
For purposes of the standard for information to consumers established by section
2623
(b)(3) of this title, each electric utility, on request of an electric consumer of such utility, shall transmit to such consumer a clear and concise statement of the actual consumption (or degree-day adjusted consumption) of electric energy by such consumer for each billing period during the prior year (unless such consumption data is not reasonably ascertainable by the utility).
(g)
Procedures for termination of electric service
The procedures for termination of service referred to in section
2623
(b)(4) of this title are procedures prescribed by the State regulatory authority (with respect to electric utilities for which it has ratemaking authority) or by the nonregulated electric utility which provide that—
(1)
no electric service to an electric consumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dispute the reasons for such termination, and
(2)
during any period when termination of service to an electric consumer would be especially dangerous to health, as determined by the State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or nonregulated electric utility, and such consumer establishes that—
Such procedures shall take into account the need to include reasonable provisions for elderly and handicapped consumers.
(h)
Advertising
(1)
For purposes of this section and section
2623
(b)(5) of this title—
(A)
The term “advertising” means the commercial use, by an electric utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility’s electric consumers.
(2)
For purposes of this subsection and section
2623
(b)(5) of this title, the terms “political advertising” and “promotional advertising” do not include—
(A)
advertising which informs electric consumers how they can conserve energy or can reduce peak demand for electric energy,
(i)
Time-based metering and communications
In making a determination with respect to the standard established by section
2621
(d)(14) of this title, the investigation requirement of section
2621
(d)(14)(F) of this title shall be as follows: Each State regulatory authority shall conduct an investigation and issue a decision whether or not it is appropriate for electric utilities to provide and install time-based meters and communications devices for each of their customers which enable such customers to participate in time-based pricing rate schedules and other demand response programs.