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"SEC. 57. (a) The Director shall make periodic reports and may make special reports to the Congress and the public, including but not limited

to

"(1) such reports as the Director determines are necessary to provide a comprehensive picture of the quarterly, monthly, and, as appropriate, weekly supply and consumption of the various nonmineral energy resources, mineral fuels, and electricity in the United States; the information reported may be organized by company, by States, by regions, or by such other producing and consuming sectors, or combinations thereof, and shall be accompanied by an appropriate discussion of the evolution of the energy supply and consumption situation and such national and international trends and their effects as the Director may find to be significant; and

"(2) an annual report which includes, but is not limited to, a description of the activities of the Office and the National Energy Information System during the preceding year; a summary of all special reports published during the preceding year; a summary of statistical information collected during the preceding year; short-, medium-, and long-term energy consumption and supply trends and forecasts under various assumptions; and, to the maximum extent practicable, a summary or schedule of the amounts of mineral fuel resources, nonmineral energy resources, and mineral fuels that can be brought to market at various prices and technologies and their relationship to forecasted demands. "(b) (1) The Director, on behalf of the Administrator, shall insure that adequate documentation for all statistical and forecast reports prepared by the Director is made available to the public at the time of publication of such reports. The Director shall periodically audit and validate analytical methodologies employed in the preparation of periodic statistical and forecast reports.

Reports to
Congress.

15 USC 790f.

"(2) The Director shall, on a regular basis, make available to the Public public information which contains validation and audits of periodic information. statistical and forecast reports.

"(c) Prior to publication, the Director may not be required to obtain the approval of any other officer or employee of the United States with respect to the substance of any statistical or forecasting technical reports which he has prepared in accordance with law.

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"SEC. 58. (a) In furtherance and not in limitation of any other 15 USC 790g. authority, the Director, on behalf of the Administrator, shall have access to energy information in the possession of any Federal agency except information

"(1) the disclosure of which to another Federal agency is expressly prohibited by law; or

"(2) the disclosure of which the agency so requested determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.

"(b) In the event that energy information in the possession of another Federal agency which is required to achieve the purposes of this Act is denied the Director or the Administrator pursuant to paragraph (1) or paragraph (2) of subsection (a) of this section, the

15 USC 790h.

15 USC 790 note.

Administrator, or the Director, on behalf of the Administrator, shall take appropriate action, pursuant to authority granted by law, to obtain said information from the original sources or a suitable alternate source. Such source shall be notified of the reason for this request for information.

"CONGRESSIONAL ACCESS TO INFORMATION IN POSSESSION OF THE OFFICE "SEC. 59. The Director shall promptly provide upon request any energy information in the possession of the Office to any duly estab lished committee of the Congress. Such information shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of such committee and the Rules of the House of Representatives or the Senate and as permitted by law.".

EFFECTIVE DATE

SEC. 143. The amendments made by this part C to the Federal Energy Administration Act of 1974 shall take effect 150 days after the date of enactment of this Act, except that section 56 (c) of the Federal Energy Administration Act of 1974 (as added by this part) Ante, p. 1138. shall take effect on the date of enactment of this Act.

15 USC 761 note.

42 USC 6295.

42 USC 6292. Rule.

Rule.

42 USC 5818.

Report to
President and
Congress,

PART D-AMENDMENTS TO OTHER ENERGY-RELATED LAW

APPLIANCE PROGRAM

SEC. 161. (a) Section 325 (a)(1)(A) of the Energy Policy and Conservation Act is amended to read as follows:

"(a) (1) (A) The Administrator shall direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product specified in paragraphs (1) through (10) of section 322(a). Not later than 90 days after the date of enactment of the Energy Conservation and Production Act, the Administrator shall, by rule, prescribe an energy efficiency improvement target for each such type of covered product.".

(b) Section 325 (a) (2) of such Act is amended by striking out the first sentence and inserting in lieu thereof the following:

"(2) The Administrator shall direct the National Bureau of Standards to develop an energy efficiency improvement target for each type of covered product specified in paragraphs (11), (12), and (13) of section 322 (a). Not later than one year after the date of enactment of this Act, the Administrator shall, by rule, prescribe an energy efficiency improvement target for each such type of product.".

ENERGY RESOURCES COUNCIL REPORTS

SEC. 162. (a) Section 108 (b) of the Energy Reorganization Act of 1974 is amended

(1) by striking out "and" at the end of paragraph (2);

(2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and

(3) by adding at the end thereof the following new paragraphs: (4) prepare a report on national energy conservation activities which shall be submitted to the President and the Congress annually, beginning on July 1, 1977, and which shall include

"(A) a review of all Federal energy conservation expendi tures and activities, the purpose of each such activity, the

relation of the activity to national conservation targets and
plans, and the success of the activity and the plans for the
activity in future years;

"(B) an analysis of all conservation targets established for
industry, residential, transportation, and public sectors of
the economy, whether the targets can be achieved or whether
they can be further improved, and the progress toward their
achievement in the past year;

"(C) a review of the progress made pursuant to the State energy_conservation plans under sections 361 through 366 of the Energy Policy and Conservation Act and other similar efforts at the State and local level, and whether further conservation can be carried on by the States or by local governments, and whether further Federal assistance is required; "(D) a review of the principal conservation efforts in the private sector, the potential for more widespread implementation of such efforts and the Federal Government's efforts to promote more widespread use of private energy conservation initiatives; and

"(E) an assessment of whether existing conservation targets and goals are sufficient to bridge the gap between domestic energy production capacity and domestic energy needs, whether additional incentives or programs are necessary or useful to close that gap further, and a discussion of what mandatory measures might be useful to further bring domestic demand into harmony with domestic supply.

The Chairman of the Energy Resources Council shall coordinate the preparation of the report required under paragraph (5).".

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(b) Section 108 of the Energy Reorganization Act of 1974 is 42 USC 5818. amended

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by adding after subsection (b) the following new subsection:

"(c) The President, through the Energy Resources Council, shall
"(1) prepare a plan for the reorganization of the Federal Gov-
ernment's activities in energy and natural resources, including,
but not limited to, a study of-

"(A) the principal laws and directives that constitute the
energy and natural resource policy of the United States;
"(B) prospects of developing a consolidated national
energy policy;

"(C) the major problems and issues of existing energy
and natural resource organizations;

"(D) the options for Federal energy and natural resource organizations;

"(E) an overview of available resources pertinent to energy and natural resource organization;

66

"(F) recent proposals for a national energy and natural

resource policy for the United States; and

"(G) the relationship between energy policy goals and other national objectives;

"(2) submit to Congress

Energy and natural resources activities, plan.

Recommenda

"(A) no later than December 31, 1976, the plan prepared tions, submittal pursuant to subsection (c) (1) and a report containing his to Congress. recommendations for the reorganization of the Federal Government's responsibility for energy and natural resource

90 STAT. 1141

Ante, p. 1141. 42 USC 5818.

42 USC 6211.

"Developing new underground coal mine."

42 USC 6801.

Proposals, transmittal to Con

gress.

42 USC 6802.

matters together with such proposed legislation as he deems necessary or appropriate for the implementation of such plans or recommendations; and

"(B) not later than April 15, 1977, such revisions to the plan and report described in subparagraph (A) of this paragraph as he may consider appropriate; and

"(3) provide interim and transitional policy planning for energy and natural resource matters in the Federal Government.".

EXTENSION OF ENERGY RESOURCES COUNCIL

SEC. 163. Section 108 (e) of the Energy Reorganization Act of 1974, as redesignated by subsection (b) (1) of this section, is amended by striking out "two years after such effective date," and inserting in lieu thereof "not later than September 30, 1977,".

DEVELOPMENT OF UNDERGROUND COAL MINES

SEC. 164. Section 102 of the Energy Policy and Conservation Act is amended by adding at the end of subsection (c) the following new paragraph:

"74) The term 'developing new underground coal mine' includes expansion of any existing underground coal mine in a manner designed to increase the rate of production of such mine, and the reopening of any underground coal mine which had previously been closed.".

TITLE II-ELECTRIC UTILITY RATE DESIGN

INITIATIVES

FINDINGS

SEC. 201. (a) The Congress finds that improvement in electric utility rate design has great potential for reducing the cost of electric utility services to consumers and current and projected shortages of capital, and for encouraging energy conservation and better use of existing electrical generating facilities.

(b) It is the purpose of this title to require the Federal Energy Administration to develop proposals for improvement of electric utility rate design and transmit such proposals to Congress; to fund electric utility rate demonstration projects; to intervene or participate, upon request, in the proceedings of utility regulatory commissions; and to provide financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions.

DEFINITIONS

SEC. 202. As used in this title:

(1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this title.

(2) The term "electric utility" means any person, State agency, or Federal agency which sells electric energy.

(3) The term "Federal agency" means any agency or instrumentality of the United States.

(4) The term "State agency" means a State, political subdivision thereof, or any agency or instrumentality of either.

(5) The term "State utility regulatory commission" means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority.

(6) The term "State" means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States.

(7) The term "utility regulatory commission" means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency).

ELECTRIC UTILITY RATE DESIGN PROPOSALS

SEC. 203. (a) The Administrator shall develop proposals to improve 42 USC 6803. electric utility rate design. Such proposals shall be designed to encourage energy conservation, minimize the need for new electrical generating capacity, and minimize costs of electric energy to consumers, and shall include (but not be limited to) proposals which provide for the development and implementation of—

(1) load management techniques which are cost effective; (2) rates which reflect marginal cost of service, or time of use of service, or both;

(3) ratemaking policies which discourage inefficient use of fuel

and encourage economical purchases of fuel; and

(4) rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric utility equipment.

to Congress.

(b) The proposals prepared under subsection (a) shall be trans- Transmittal mitted to each House of Congress not later than 6 months after the date of enactment of this Act, for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of

(1) the projected savings (if any) in consumption of petroleum products, natural gas, electric energy, and other energy resources, (2) the reduction (if any) in the need for new electrical generating capacity, and of the demand for capital by the electric utility industry, and

(3) changes (if any) in the cost of electric energy to consumers, which are likely to result from the implementation nationally of each of the proposals transmitted under this subsection.

RATE DESIGN INNOVATION AND FEDERAL ENERGY ADMINISTRATION

INTERVENTION

SEC. 204. The Administrator may

(1) fund (A) demonstration projects to improve electric utility load management procedures and (B) regulatory rate reform initiatives,

(2) on request of a State, a utility regulatory commission, or of any participant in any proceeding before a State utility regulatory commission which relates to electric utility rates or rate design, intervene and participate in such proceeding, and

(3) on request of any State, utility regulatory commission, or party to any action to obtain judicial review of an administrative proceeding in which the Administrator intervened or participated under paragraph (2), intervene and participate in such action.

42 USC 6804.

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