---
kind: "range"
citation: "42 U.S.C. §§ 7275–7276c"
title: "42"
from: "7275"
to: "7276c"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/42/7275..7276c"
---

# §7275. Definitions


As used in [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title:

- (1) The term “[Administrator](/usc/42/4005.md?p=1)” means the [Administrator](/usc/42/4005.md?p=1) of the Western Area Power Administration.
- (2) The term “integrated resource planning” means a planning process for new [energy](/usc/42/6311.md?p=7) resources that evaluates the full range of alternatives, including new generating capacity, power purchases, [energy](/usc/42/6311.md?p=7) conservation and efficiency, cogeneration and district heating and cooling applications, and [renewable energy](/usc/42/15852.md?p=b-2) resources, in order to provide adequate and reliable service to its electric [customers](#5) at the lowest system cost. The process shall take into account necessary features for system operation, such as diversity, reliability, dispatchability, and other factors of risk; shall take into account the ability to verify [energy](/usc/42/6311.md?p=7) savings achieved through [energy](/usc/42/6311.md?p=7) conservation and efficiency and the projected durability of such savings measured over time; and shall treat demand and supply resources on a consistent and integrated basis.
- (3) The term “least cost option” means an option for providing reliable electric services to electric [customers](#5) which will, to the extent practicable, minimize [life-cycle](/usc/42/17061.md?p=14) system costs, including adverse environmental effects, of providing such service. To the extent practicable, [energy efficiency](/usc/42/6291.md?p=5) and renewable resources may be given priority in any least-cost option.
- (4) The term “long-term firm power service contract” means any contract for the sale by Western Area Power Administration of firm capacity, with or without [energy](/usc/42/6311.md?p=7), which is to be delivered over a period of more than one year.
- (5) The terms “customer” or “customers” means any entity or entities purchasing firm capacity with or without [energy](/usc/42/6311.md?p=7), from the Western Area Power Administration under a [long-term firm power service contract](#4). Such terms include [parent](/usc/42/1396a.md?p=k-3)-type entities and their distribution or user members.
- (6) For any [customer](#5), the term “applicable integrated resource plan” means the integrated resource plan approved by the [Administrator](/usc/42/4005.md?p=1) under [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title for that [customer](#5).

# §7276. Regulations to require integrated resource planning

- (a) **Regulations—** Within 1 year after October 24, 1992, the [Administrator](/usc/42/4005.md?p=1) shall, by regulation, revise the Final Amended Guidelines and Acceptance Criteria for [Customer](/usc/42/7275.md?p=5) Conservation and [Renewable Energy](/usc/42/15852.md?p=b-2) [Programs](/usc/42/274l–1.md?p=4) published in the Federal Register on August 21, 1985 (50 F.R. 33892), or any subsequent amendments thereto, to require each [customer](/usc/42/7275.md?p=5) purchasing electric [energy](/usc/42/6311.md?p=7) under a [long-term firm power service contract](/usc/42/7275.md?p=4) with the Western Area Power Administration to implement, within 3 years after October 24, 1992, [integrated resource planning](/usc/42/7275.md?p=2) in accordance with the requirements of [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title.
- (b) **Certain small customers—** Notwithstanding [subsection (a)](#a), for [customers](/usc/42/7275.md?p=5) with total annual [energy](/usc/42/6311.md?p=7) sales or usage of 25 Gigawatt Hours or less which are not members of a joint action agency or a generation and transmission cooperative with power supply responsibility, the [Administrator](/usc/42/4005.md?p=1) may establish different regulations and apply such regulations to [customers](/usc/42/7275.md?p=5) that the [Administrator](/usc/42/4005.md?p=1) finds have limited economic, managerial, and resource capability to conduct [integrated resource planning](/usc/42/7275.md?p=2). The regulations under this subsection shall require such [customers](/usc/42/7275.md?p=5) to consider all reasonable opportunities to meet their future [energy](/usc/42/6311.md?p=7) service requirements using demand-side techniques, new renewable resources and other [programs](/usc/42/274l–1.md?p=4) that will provide retail [customers](/usc/42/7275.md?p=5) with electricity at the lowest possible cost, and minimize, to the extent practicable, adverse environmental effects.

# §7276a. Technical assistance


The [Administrator](/usc/42/4005.md?p=1) may provide technical assistance to [customers](/usc/42/7275.md?p=5) to, among other things, conduct [integrated resource planning](/usc/42/7275.md?p=2), implement [applicable integrated resource plans](/usc/42/7275.md?p=6), and otherwise comply with the requirements of [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title. Technical assistance may include publications, workshops, conferences, one-to-one assistance, equipment loans, technology and resource assessment studies, marketing studies, and other mechanisms to transfer information on [energy efficiency](/usc/42/6291.md?p=5) and [renewable energy](/usc/42/15852.md?p=b-2) options and [programs](/usc/42/274l–1.md?p=4) to [customers](/usc/42/7275.md?p=5). The [Administrator](/usc/42/4005.md?p=1) shall give priority to providing technical assistance to [customers](/usc/42/7275.md?p=5) that have limited capability to conduct [integrated resource planning](/usc/42/7275.md?p=2).


# §7276b. Integrated resource plans

- (a) **Review by Western Area Power Administration—** Within 1 year after October 24, 1992, the [Administrator](/usc/42/4005.md?p=1) shall, by regulation, revise the Final Amended Guidelines and Acceptance Criteria for [Customer](/usc/42/7275.md?p=5) Conservation and [Renewable Energy](/usc/42/15852.md?p=b-2) [Programs](/usc/42/274l–1.md?p=4) published in the Federal Register on August 21, 1985 (50 F.R. 33892), or any subsequent amendments thereto, to require each [customer](/usc/42/7275.md?p=5) to submit an integrated resource plan to the [Administrator](/usc/42/4005.md?p=1) within 12 months after such regulations are amended. The regulation shall require a revision of such plan to be submitted every 5 years after the initial submission. The [Administrator](/usc/42/4005.md?p=1) shall review the initial plan in accordance with a schedule established by the [Administrator](/usc/42/4005.md?p=1) (which schedule will provide for the review of all initial plans within 24 months after such regulations are amended), and each revision thereof within 120 days after his receipt of the plan or revision and determine whether the [customer](/usc/42/7275.md?p=5) has in the development of the plan or revision, complied with [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title. Plan amendments may be submitted to the [Administrator](/usc/42/4005.md?p=1) at any time and the [Administrator](/usc/42/4005.md?p=1) shall review each such amendment within 120 days after receipt thereof to determine whether the [customer](/usc/42/7275.md?p=5) in amending its plan has complied with [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title. If the [Administrator](/usc/42/4005.md?p=1) determines that the [customer](/usc/42/7275.md?p=5), in developing its plan, revision, or amendment, has not complied with the requirements of [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title, the [customer](/usc/42/7275.md?p=5) shall resubmit the plan at any time thereafter. Whenever a plan or revision or amendment is resubmitted the [Administrator](/usc/42/4005.md?p=1) shall review the plan or revision or amendment within 120 days after his receipt thereof to determine whether the [customer](/usc/42/7275.md?p=5) has complied with [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title.
- (b) **Criteria for approval of integrated resource plans—** The [Administrator](/usc/42/4005.md?p=1) shall approve an integrated resource plan submitted as required under [subsection (a)](#a) if, in developing the plan, the [customer](/usc/42/7275.md?p=5) has:
  - (1) Identified and accurately compared all practicable [energy efficiency](/usc/42/6291.md?p=5) and [energy](/usc/42/6311.md?p=7) supply resource options available to the [customer](/usc/42/7275.md?p=5).
  - (2) Included a 2-year action plan and a 5-year action plan which describe specific actions the [customer](/usc/42/7275.md?p=5) will take to implement its integrated resource plan.
  - (3) Designated “least-cost options” to be utilized by the [customer](/usc/42/7275.md?p=5) for the purpose of providing reliable electric service to its retail consumers and explained the reasons why such options were selected.
  - (4) To the extent practicable, minimized adverse environmental effects of new resource acquisitions.
  - (5) In preparation and development of the plan (and each revision or amendment of the plan) has provided for full public participation, including participation by governing [boards](/usc/42/10261.md?p=2).
  - (6) Included load forecasting.
  - (7) Provided methods of validating predicted performance in order to determine whether objectives in the plan are being met.
  - (8) Met such other criteria as the [Administrator](/usc/42/4005.md?p=1) shall require.
- (c) **Use of other integrated resource plans—** Where a [customer](/usc/42/7275.md?p=5) or group of [customers](/usc/42/7275.md?p=5) are implementing [integrated resource planning](/usc/42/7275.md?p=2) under a [program](/usc/42/274l–1.md?p=4) responding to Federal, [State](/usc/42/201.md?p=f), or other [initiatives](/usc/42/19131.md?p=1), including [integrated resource planning](/usc/42/7275.md?p=2) considered and implemented pursuant to [section 2621(d) of title 16](/usc/16/2621.md?p=d), in evaluating that [customer](/usc/42/7275.md?p=5)’s integrated resource plan under [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title, the [Administrator](/usc/42/4005.md?p=1) shall accept such plan as fulfillment of the requirements of [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title to the extent such plan substantially complies with the requirements of [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title.
- (d) **Compliance with integrated resource plans—** Within 1 year after October 24, 1992, the [Administrator](/usc/42/4005.md?p=1) shall, by regulation, revise the Final Amended Guidelines and Acceptance Criteria for [Customer](/usc/42/7275.md?p=5) Conservation and [Renewable Energy](/usc/42/15852.md?p=b-2) [Programs](/usc/42/274l–1.md?p=4) published in the Federal Register on August 21, 1985 (50 F.R. 33892), or any subsequent amendments thereto, to require each [customer](/usc/42/7275.md?p=5) to fully comply with the [applicable integrated resource plan](/usc/42/7275.md?p=6) and submit an annual report to the [Administrator](/usc/42/4005.md?p=1) (in such form and containing such information as the [Administrator](/usc/42/4005.md?p=1) may require) describing the [customer](/usc/42/7275.md?p=5)’s progress to the goals established in such plan. After the initial review under [subsection (a)](#a) the [Administrator](/usc/42/4005.md?p=1) shall periodically conduct reviews of a [representative](/usc/42/3058f.md?p=5) sample of [applicable integrated resource plans](/usc/42/7275.md?p=6) and the [customer](/usc/42/7275.md?p=5)’s implementation of the [applicable integrated resource plan](/usc/42/7275.md?p=6) to determine if the [customers](/usc/42/7275.md?p=5) are in compliance with their plans. If the [Administrator](/usc/42/4005.md?p=1) finds a [customer](/usc/42/7275.md?p=5) out-of-compliance, the [Administrator](/usc/42/4005.md?p=1) shall impose a surcharge under this section on all electric [energy](/usc/42/6311.md?p=7) purchased by the [customer](/usc/42/7275.md?p=5) from the Western Area Power Administration or reduce such [customer](/usc/42/7275.md?p=5)’s power [allocation](/usc/42/2021b.md?p=2) by 10 percent, unless the [Administrator](/usc/42/4005.md?p=1) finds that a good faith effort has been made to comply with the approved plan.
- (e) **Enforcement—**
  - (1) **No approved plan—** If an integrated resource plan for any [customer](/usc/42/7275.md?p=5) is not submitted before the date 12 months after the guidelines are amended as required under this section or if the plan is disapproved by the [Administrator](/usc/42/4005.md?p=1) and a revised plan is not resubmitted by the date 9 months after the date of such disapproval, the [Administrator](/usc/42/4005.md?p=1) shall impose a surcharge of 10 percent of the purchase price on all power obtained by that [customer](/usc/42/7275.md?p=5) from the Western Area Power Administration after such date. The surcharge shall remain in effect until an integrated resource plan is approved for that [customer](/usc/42/7275.md?p=5). If the plan is not submitted for more than one year after the required date, the surcharge shall increase to 20 percent for the second year (or any portion thereof prior to approval of the plan) and to 30 percent thereafter until the plan is submitted or the contract for the purchase of power by such [customer](/usc/42/7275.md?p=5) from the Western Area Power Administration terminates.
  - (2) **Failure to comply with approved plan—** After approval by the [Administrator](/usc/42/4005.md?p=1) of an [applicable integrated resource plan](/usc/42/7275.md?p=6) for any [customer](/usc/42/7275.md?p=5), the [Administrator](/usc/42/4005.md?p=1) shall impose a 10 percent surcharge on all power purchased by such [customer](/usc/42/7275.md?p=5) from the Western Area Power Administration whenever the [Administrator](/usc/42/4005.md?p=1) determines that such [customer](/usc/42/7275.md?p=5)’s activities are not consistent with the [applicable integrated resource plan](/usc/42/7275.md?p=6). The surcharge shall remain in effect until the [Administrator](/usc/42/4005.md?p=1) determines that the [customer](/usc/42/7275.md?p=5)’s activities are consistent with the [applicable integrated resource plan](/usc/42/7275.md?p=6). The surcharge shall be increased to 20 percent if the [customer](/usc/42/7275.md?p=5)’s activities are out of compliance for more than one year and to 30 percent after more than 2 years, except that no surcharge shall be imposed if the [customer](/usc/42/7275.md?p=5) demonstrates, to the satisfaction of the [Administrator](/usc/42/4005.md?p=1), that a good faith effort has been made to comply with the approved plan.
  - (3) **Reduction in power allocation—** In the case of any [customer](/usc/42/7275.md?p=5) subject to a surcharge under paragraph [(1)](#e-1) or [(2)](#e-2), in lieu of imposing such surcharge the [Administrator](/usc/42/4005.md?p=1) may reduce such [customer](/usc/42/7275.md?p=5)’s power [allocation](/usc/42/2021b.md?p=2) from the Western Area Power Administration by 10 percent. The [Administrator](/usc/42/4005.md?p=1) shall provide by regulation the terms and conditions under which a power [allocation](/usc/42/2021b.md?p=2) terminated under this subsection may be reinstated.
- (f) **Integrated resource planning cooperatives—** With the approval of the [Administrator](/usc/42/4005.md?p=1), [customers](/usc/42/7275.md?p=5) within any [State](/usc/42/201.md?p=f) or region may form [integrated resource planning](/usc/42/7275.md?p=2) cooperatives for the purposes of complying with [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title, and such [customers](/usc/42/7275.md?p=5) shall be allowed an additional 6 months to submit an initial integrated resource plan to the [Administrator](/usc/42/4005.md?p=1).
- (g) **Customers with more than 1 contract—** If more than one [long-term firm power service contract](/usc/42/7275.md?p=4) exists between the [Administrator](/usc/42/4005.md?p=1) and a [customer](/usc/42/7275.md?p=5), only one integrated resource plan shall be required for that [customer](/usc/42/7275.md?p=5) under [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title.
- (h) **Program review—** Within 1 year after January 1, 1999, and at appropriate intervals thereafter, the [Administrator](/usc/42/4005.md?p=1) shall initiate a public process to review the [program](/usc/42/274l–1.md?p=4) established by this section. The [Administrator](/usc/42/4005.md?p=1) is authorized at that time to revise the criteria set forth in [subsection (b)](#b) to reflect changes, if any, in technology, needs, or other developments.

# §7276c. Miscellaneous provisions

- (a) **Environmental impact statement—** The provisions of the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](/usc/42/4321.md) et seq.] shall apply to actions of the [Administrator](/usc/42/4005.md?p=1) implementing [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title in the same manner and to the same extent as such provisions apply to other major Federal actions significantly affecting the quality of the human environment.
- (b) **Annual reports—** The [Administrator](/usc/42/4005.md?p=1) shall include in the annual report submitted by the Western Area Power Administration (1) a description of the activities undertaken by the [Administrator](/usc/42/4005.md?p=1) and by [customers](/usc/42/7275.md?p=5) under [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title and (2) an estimate of the [energy](/usc/42/6311.md?p=7) savings and renewable resource benefits achieved as a result of such activities.
- (c) **State regulated investor-owned utilities—** Any [State](/usc/42/201.md?p=f) regulated electric utility (as defined in [section 2602(18) of title 16](/usc/16/2602.md?p=18)) shall be exempt from the provisions of [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title.
- (d) **Rural Electrification Administration requirements—** Nothing in [sections 7275 to 7276c](/usc/42/7275..7276c.md) of this title shall require a [customer](/usc/42/7275.md?p=5) to take any action inconsistent with a requirement imposed by the Rural Electrification Administration[^1]