Page:United States Statutes at Large Volume 94 Part 1.djvu/795

This page needs to be proofread.

PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 745

residential energy conservation measures and shall report annually to Ck}ngress on such activities. Each such report shall contain the comments of the Federal Trade Commission. "(2) After the date of the enactment of this subsection, no public utility may make any loan or 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— (A) such loans are being made, or supply or installations carried out, by such utility at unreasonable rates or on unreasonable terms and conditions, or "(B) such loans made, or supply or installations carried out, by such utility have a substantial adverse effect upon competition or involve the use of unfair, deceptive, or anticompetitive acts or practices or are being carried out in a manner which does not comply with subsection (c).". UNFAIR COMPETITIVE PRACTICES

SEC. 548. Nothing in any amendment made by this subtitle shall be 42 USC 82ii construed to— note. (1) bar any person from taking any action with respect to any anticompetitive act or practice related to activities conducted under any program established under this title; or (2) convey to any person immunity from civil or criminal liability, create defenses to actions under antitrust laws, or modify or abridge any private right of action under such laws. EFFECTIVE DATE

SEC. 549. (a) The amendments made by this subtitle shall become effective on the date of the enactment of this Act. (b) As soon as practicable, but in no event later than 120 days after such date of enactment, the Secretary shall promulgate rules amending the regulations under section 212 of the National Energy Conservation Policy Act so that the amendments made by this subtitle will be carried out. (c) The provisions of section 218 of the National Energy Conservation Policy Act shall apply with respect to temporary programs proposed under such section after the effective date of this subtitle; except that, for the {purposes of the application described in the first sentence of such section, the phrase "180 days after the promulgation of rules pursuant to section 212" shall refer to 180 days after the promulgation of rules required by subsection (b). (d) Nothing in this Act shall nave the effect of delaying the date required for submission and approval or disapproval of residential energy conservation plans meeting the requirements of the National Energy Conservation Policy Act in effect before the enactment of this

42 USC 82ii note. Rules.

Act.

note.

Ante, p. 74i. 42 USC 8219.

42 USC 820i

RELATIONSHIP TO OTHER LAWS

SEC. 550. Section 220 of the National Energy Conservation Policy Act is amended by adding the following new subsection at the end Ante, p. 742. thereof: "(e) PuBuc UTILTTY HOLDING COMPANY ACT.—For purposes of section llObXl) of the Public Utility Holding Company Act of 1935, 15 USC 79k. any financing, supply, or installation of residential energy conserva-