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THE EFFECT OF PRIVATE WIRE LAWS ON DEVELOPMENT OF COMBINED HEAT AND POWER FACILITIES

Section 1308 of the Energy Independence and Security Act of 2007 (“EISA 2007”) directed the Secretary
of Energy, in consultation with the States, to undertake a study of the laws affecting the siting of
privately-owned distribution wires on or across public rights of way and to consider the impact of those
laws on the development of combined heat and power (“CHP”) facilities, as well as to determine
whether a change in those laws would impact utility operations, costs or reliability, or impact utility
customers. The study is also to consider whether changing the laws would result in duplicative facilities
and, if so, whether that would be desirable. This document has been prepared to satisfy the
requirements of EISA 2007 Section 1308.