92 STAT. 3 2 1 8
PUBLIC LAW 95-619—NOV. 9, 1978 servation measures referred to in section 210(11)(B) or 210(11)(C), or devices associated with load management techniques for the type of energy sold by the utility. (c) EXEMPTION F R O M PROHmrrioN ON F I N A N C I N G. — The prohibition
contained in subsection (a)(2) shall not apply to any loan to a residential customer which does not exceed the greater of— (1) $300, or (2) the cost of purchase, and installation in such customer's residence, of items referred to in subsection (b). (d) GENERAL EXEMPTIONS.—The prohibitions contained in subsection (a) shall not apply to— (1) the supply, installation, or financing of those specific residential energy conservation measures which the Secretary determines were being installed or financed by a public utility on the date of enactment of this Act; (2) supplj^, installation, or financing activities which the Secretary determines were broadly advertised or for which substantial preparations were completed on or before the date of enactment of this Act; or (3) supply, installation, or financing activities by a public utility with respect to energy conservation measures where a law or regulation in effect on o r before the date of enactment of this Act either requires, o r explictly permits, the public utility to carry out such activities. (e) WAIVER.—The Secretary may, upon petition of a public utility, supported in the case of a regulated utility by a Governor, waive in whole or in part the prohibitions contained in subsection (a) with respect to the utility if such utility demonstrates to the satisfaction of the Secretary that, in c a r r y i n g out prohibited activities under subsection (a), fair and reasonable prices and rates of interest would be charged and the Secretary finds, after consultation with the Federal Trade Commission, that such activities would not be inconsistent with the prevention of unfair methods of competition and the prevention of unfair or deceptive acts or practices. (f) APPLICABILITY OF SECTION 215.—Any public utility carrying out activities permitted under subsection (b) or (c) or subsection (d)(2) or (e) of this section shall be subject to all the requirements of section 215 with respect to such activities. A public utility which is c a r r y i n g out activities permitted pursuant to subsection (d)(1) shall, within such reasonable period as may be prescribed by the Secretary, be subject to all such requirements of section 215 with respect to such activities. A public utility c a r r y i n g out activities permitted pursuant to the exemption contained in subsection (d)(3) shall not be subject to the requirements of section 215 with respect to such activities. (g) PROHIBITION ON S U P P L Y, INSTALLATION OR F I N A N C I N G BY U T I L I -
TIES.—After the date of the enactment of this Act, n o public utility may make any loan, to finance the purchase or installation of, or supply or install, any residential energy conservation measure if the Secretary has determined, after notice and opportunity for public hearing, and after consultation with the Federal Trade Commission, that— (1) such loans are being made, o r supply o r installations carried out by such utility at unreasonable rates or on unreasonable terms and conditions, or (2) such loans made, or supply or installations carried out by such utility, have a substantial adverse effect upon competition.
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