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42 U.S. Code § 6344. Additional incentives for recovery, use, and prevention of industrial waste energy
(a) Consideration of standard
(1) In generalNot later than 180 days after the receipt by a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority), or nonregulated electric utility, of a request from a project sponsor or owner or operator, the State regulatory authority or nonregulated electric utility shall—
(A)
provide public notice and conduct a hearing respecting the standard established by subsection (b); and
(B)
on the basis of the hearing, consider and make a determination whether or not it is appropriate to implement the standard to carry out the purposes of this part.
(2) Relationship to State law
For purposes of any determination under paragraph (1) and any review of the determination in any court, the purposes of this section supplement otherwise applicable State law.
(3) Nonadoption of standard
Nothing in this part prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to adopt any standard described in paragraph (1), pursuant to authority under otherwise applicable State law.