---
kind: "section"
citation: "42 U.S.C. § 7276b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7276b"
heading: "Integrated resource plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7276b"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter VI — Administrative Provisions"
  - "Part C — General Administrative Provisions"
---

# §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 Programs 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](/usc/42/7275.md) to [7276c](/usc/42/7276c.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](/usc/42/7275.md) to [7276c](/usc/42/7276c.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](/usc/42/7275.md) to [7276c](/usc/42/7276c.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](/usc/42/7275.md) to [7276c](/usc/42/7276c.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 and energy 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.
  - (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 responding to Federal, [State](/usc/42/2021b.md?p=14), or other initiatives, 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](/usc/42/7275.md) to [7276c](/usc/42/7276c.md) of this title, the [Administrator](/usc/42/4005.md?p=1) shall accept such plan as fulfillment of the requirements of sections [7275](/usc/42/7275.md) to [7276c](/usc/42/7276c.md) of this title to the extent such plan substantially complies with the requirements of sections [7275](/usc/42/7275.md) to [7276c](/usc/42/7276c.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 Programs 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 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 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/42/2021b.md?p=14) or region may form [integrated resource planning](/usc/42/7275.md?p=2) cooperatives for the purposes of complying with sections [7275](/usc/42/7275.md) to [7276c](/usc/42/7276c.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](/usc/42/7275.md) to [7276c](/usc/42/7276c.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 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.

## Source credit

(Pub. L. 98–381, title II, § 204, as added Pub. L. 102–486, title I, § 114, Oct. 24, 1992, 106 Stat. 2800.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Hoover Power Plant Act of 1984, and not as part of the Department of Energy Organization Act which comprises this chapter.