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B-205365 1 (1985-06-03)

handle is hein.gao/gaobabknz0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 3~G' Z WASHINGTON D.C. 20548 B-205365 June 3, 1985 The Honorable John D. Dingell Chairman, Committee on Energy and Commerce House of Representatives DO NOT MAKE AVAILABLE T PUBLIC READING Dear Mr. Chairman: FOR 30 DAYS This is in response to your joint request of February 8, 1985, along with Chairman Edward J. Markey, Subcommittee on Energy Conservation and Power, House Committee on Energy and Commerce, that we review the Department of Energy's JEnergy) legal opinion on the duration of the Residential-e-servation Service (RCS) program. You also asked that we provide the Committee with our own view of the legal status of the pro- gram. We received Energy's legal memorandum'/ on March 11, 1985, and have carefully reviewed it. As you are aware, the statutory basis for the RCS program is title II of the National Energy Conservation Policy Act of 1978 (NECPA) as amended, 42 U.S.C. S 8211 et seg. Section 215 of NECPAI/ (42 U.S.C. § 8216) requires each large natural gas or electric utility3/ to undertake the following energy conservation functions for its residential customers:4/ 1/ Energy's legal memorandum is a 13-page document, dated March 6, 1985, and formally entitled Legal Analysis of the Duration of the Residential Conservation Service Program. 2/ The pertinent parts of section 215 of NECPA are set forth in an appendix. 3/ Covered utilities are those with annual sales for purposes other than resale of (1) natural gas exceeding 10 billion cubic feet or (2) electricity exceeding 750 million kilowatt-hours. 42 U.S.C. S 8212. 4/ Comparable but somewhat different duties are required of participating home heating suppliers by section 217 of NECPA, 42 U.S.C. § 8218. A home heating supplier is a person who sells or supplies home heating fuel (including No. 2 heating oil, kerosene, butane, and propane) to a residential customer for consumption in a residential building. 42 U.S.C. § 8211(20).

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