42 U.S. Code § 6344 - Additional incentives for recovery, use, and prevention of industrial waste energy
(a) Consideration of standard
(1) In general
Not later than 180 days after the receipt by a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority), or nonregulated electric utility, of a request from a project sponsor or owner or operator, the State regulatory authority or nonregulated electric utility shall—
(A) provide public notice and conduct a hearing respecting the standard established by subsection (b); and
(2) Relationship to State law
For purposes of any determination under paragraph (1) and any review of the determination in any court, the purposes of this section supplement otherwise applicable State law.
(b) Standard for sales of excess power
For purposes of this section, the standard referred to in subsection (a) shall provide that an owner or operator of a waste energy recovery project identified on the Registry that generates net excess power shall be eligible to benefit from at least 1 of the options described in subsection (c) for disposal of the net excess power in accordance with the rate conditions and limitations described in subsection (d).
The options referred to in subsection (b) are as follows:
(1) Sale of net excess power to utility
The electric utility shall purchase the net excess power from the owner or operator of the eligible waste energy recovery project during the operation of the project under a contract entered into for that purpose.
(2) Transport by utility for direct sale to third party
The electric utility shall transmit the net excess power on behalf of the project owner or operator to up to 3 separate locations on the system of the utility for direct sale by the owner or operator to third parties at those locations.
(3) Transport over private transmission lines
The State and the electric utility shall permit, and shall waive or modify such laws as would otherwise prohibit, the construction and operation of private electric wires constructed, owned, and operated by the project owner or operator, to transport the power to up to 3 purchasers within a 3-mile radius of the project, allowing the wires to use or cross public rights-of-way, without subjecting the project to regulation as a public utility, and according the wires the same treatment for safety, zoning, land use, and other legal privileges as apply or would apply to the wires of the utility, except that—
(A) there shall be no grant of any power of eminent domain to take or cross private property for the wires; and
(B) the wires shall be physically segregated and not interconnected with any portion of the system of the utility, except on the customer side of the revenue meter of the utility and in a manner that precludes any possible export of the electricity onto the utility system, or disruption of the system.
(d) Rate conditions and criteria
In this subsection:
(A) Per unit distribution costs
The term “per unit distribution costs” means (in kilowatt hours) the quotient obtained by dividing—
(B) Per unit distribution margin
The term “per unit distribution margin” means—
(i) in the case of a State-regulated electric utility, a per-unit gross pretax profit equal to the product obtained by multiplying—
(ii) in the case of a nonregulated utility, a per unit contribution to net revenues determined multiplying—
(I) the percentage (but not less than 10 percent) obtained by dividing—
(aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the prior year; by
The options described in paragraphs (1) and (2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined under paragraph (1) as applicable under the circumstances described in paragraph (3).
(3) Applicable rates
(A) Rates applicable to sale of net excess power
(i) In general Sales made by a project owner or operator of a facility under the option described in subsection (c)(1) shall be paid for on a per kilowatt hour basis that shall equal the full undiscounted retail rate paid to the utility for power purchased by the facility minus per unit distribution costs, that applies to the type of utility purchasing the power.
(B) Rates applicable to transport by utility for direct sale to third parties
(i) In general Transportation by utilities of power on behalf of the owner or operator of a project under the option described in subsection (c)(2) shall incur a transportation rate that shall equal the per unit distribution costs and per unit distribution margin, that applies to the type of utility transporting the power.
(ii) Voltages exceeding 25 kilovolts If the net excess power is made available for transportation at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be transported to the designated third-party purchasers, the transport rate shall further be increased by per unit transmission costs.
(A) In general
Any rate established for sale or transportation under this section shall—
(i) be modified over time with changes in the underlying costs or rates of the electric utility; and
No utility shall be required to purchase or transport a quantity of net excess power under this section that exceeds the available capacity of the wires, meter, or other equipment of the electric utility serving the site unless the owner or operator of the project agrees to pay necessary and reasonable upgrade costs.
(e) Procedural requirements for consideration and determination
(1) Public notice and hearing
(A) In general
The consideration referred to in subsection (a) shall be made after public notice and hearing.
(2) Intervention by Administrator
The Administrator may intervene as a matter of right in a proceeding conducted under this section—
(A) to calculate—
(A) In general
Except as otherwise provided in paragraphs (1) and (2), the procedures for the consideration and determination referred to in subsection (a) shall be the procedures established by the State regulatory authority or the nonregulated electric utility.
(B) Multiple projects
If there is more than 1 project seeking consideration simultaneously in connection with the same utility, the proceeding may encompass all such projects, if full attention is paid to individual circumstances and merits and an individual judgment is reached with respect to each project.
(1) In general
The State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility may, to the extent consistent with otherwise applicable State law—
(2) Nonimplementation of standard
(A) In general
If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement any standard established by this section, the authority or nonregulated electric utility shall state in writing the reasons for declining to implement the standard.
(C) Annual report
The Administrator shall include in an annual report submitted to Congress a description of the lost opportunities for waste-heat recovery from the project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy and emissions savings calculated.
(D) New petition
If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement the standard established by this section, the project sponsor may submit a new petition under this section with respect to the project at any time after the date that is 2 years after the date on which the State regulatory authority or nonregulated utility declined to implement the standard.
Source(Pub. L. 94–163, title III, § 374, as added Pub. L. 110–140, title IV, § 451(a),Dec. 19, 2007, 121 Stat. 1628.)
Prior sections 6344 and 6344a were repealed by Pub. L. 99–509, title III, § 3101(b),Oct. 21, 1986, 100 Stat. 1888.
Section 6344,Pub. L. 94–163, title III, § 374,Dec. 22, 1975, 89 Stat. 936; Pub. L. 95–619, title VI, § 691(b)(2),Nov. 9, 1978, 92 Stat. 3288, related to establishment of individual energy improvement targets for each of the 10 most energy-consumptive industries.
Section 6344a,Pub. L. 94–163, title III, § 374A, as added Pub. L. 95–619, title IV, § 461(c),Nov. 9, 1978, 92 Stat. 3273, related to targets for increased utilization of energy-saving recovered materials for specified industries.