HR 1828 IH

106th CONGRESS

1st Session

H. R. 1828

To provide for a more competitive electric power industry, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 17, 1999

Mr. BLILEY (for himself and Mr. DINGELL) (both by request) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Resources, Agriculture, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide for a more competitive electric power industry, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. TABLE OF CONTENTS.

TITLE I--RETAIL ELECTRIC SERVICE

TITLE II--CONSUMER PROTECTION

TITLE III--FACILITATING STATE AND REGIONAL REGULATION

TITLE IV--PUBLIC BENEFITS

TITLE V--REGULATION OF MERGERS AND CORPORATE STRUCTURE

TITLE VI--ELECTRIC RELIABILITY

TITLE VII--ENVIRONMENTAL PROTECTION

TITLE VIII--FEDERAL POWER SYSTEMS

Subtitle A--Tennessee Valley Authority

Subtitle B--Bonneville Power Administration

Subtitle C--Western Area Power Administration and Southwestern Power Administration

TITLE IX--OTHER PROVISIONS

TITLE I--RETAIL ELECTRIC SERVICE

SEC. 101. RETAIL COMPETITION.

`SEC. 609. RETAIL COMPETITION.

SEC. 102. AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS.

`SEC. 118. AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS.

competition with respect to a distribution utility, beginning on the effective date of the notice, the State regulatory authority may prohibit any other distribution utility located in the United States over which it does not have ratemaking authority (and any affiliate of such a utility, as defined under the Public Utility Holding Company Act of 1999) from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility.

SEC. 103. AGGREGATION FOR PURCHASE OF RETAIL ELECTRIC ENERGY.

`SEC. 119. AGGREGATION FOR PURCHASE OF RETAIL ELECTRIC ENERGY.

TITLE II--CONSUMER PROTECTION

SEC. 201. CONSUMER INFORMATION.

`SEC. 119A. CONSUMER INFORMATION DISCLOSURE.

SEC. 202. ACCESS TO ELECTRIC SERVICE FOR LOW-INCOME CONSUMERS.

`SEC. 119B. ACCESS TO ELECTRIC SERVICE FOR LOW-INCOME CONSUMERS.

SEC. 203. UNFAIR TRADE PRACTICES.

`SEC. 5A. ELECTRICITY SUPPLY UNFAIR TRADE PRACTICES.

SEC. 204. RESIDENTIAL ELECTRICITY CONSUMER DATABASE.

`SEC. 119C. RESIDENTIAL ELECTRICITY CONSUMER DATABASE.

information the Secretary considers appropriate for purposes of this section.

SEC. 205. MODEL RETAIL SUPPLIER CODE.

`SEC. 119D. MODEL CODE FOR RETAIL SUPPLIERS.

SEC. 206. MODEL ELECTRIC UTILITY WORKER CODE.

`SEC. 119E. MODEL CODE FOR ELECTRIC UTILITY WORKERS.

TITLE III--FACILITATING STATE AND REGIONAL REGULATION

SEC. 301. CLARIFICATION OF STATE AND FEDERAL AUTHORITY OVER RETAIL TRANSMISSION SERVICES.

`NOTICE TO AND INTERVENTION OF SECRETARY OF AGRICULTURE IN COMMISSION PROCEEDINGS

SEC. 302. INTERSTATE COMPACTS ON REGIONAL TRANSMISSION PLANNING.

`INTERSTATE COMPACTS ON REGIONAL TRANSMISSION PLANNING

and judicial review of any action of a regional transmission planning agency. For this purpose, when section 313 refers to `Commission', substitute `regional transmission planning agency' and when section 313(b) refers to `licensee or public utility', substitute `entity'.'.

SEC. 303. BACKUP AUTHORITY TO IMPOSE A CHARGE ON AN ULTIMATE CONSUMER'S RECEIPT OF ELECTRIC ENERGY.

`BACKUP AUTHORITY FOR CHARGE ON RECEIPT OF ELECTRIC ENERGY

SEC. 304. AUTHORITY TO ESTABLISH AND REQUIRE INDEPENDENT REGIONAL SYSTEM OPERATION.

TITLE IV--PUBLIC BENEFITS

SEC. 401. PUBLIC BENEFITS FUND.

`SEC. 610. PUBLIC BENEFITS FUND.

into the Fund at the rate calculated by the Board during the year in which Alaska seeks matching funds, and

SEC. 402. FEDERAL RENEWABLE PORTFOLIO STANDARD.

`SEC. 611. FEDERAL RENEWABLE PORTFOLIO STANDARD.

Renewable Energy Credit for each kilowatt-hour of electric energy the entity generates through the use of a renewable energy resource in any State in 2000 and any succeeding year.

SEC. 403. NET METERING.

`SEC. 612. NET METERING FOR RENEWABLE ENERGY.

solely by a renewable energy resource.

SEC. 404. REFORM OF SECTION 210 OF PURPA.

SEC. 405. INTERCONNECTIONS FOR CERTAIN FACILITIES.

`SEC. 613. INTERCONNECTIONS FOR CERTAIN FACILITIES.

SEC. 406. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS.

SEC. 407. INDIAN TRIBE ASSISTANCE.

`SEC. 2607. TRIBAL ELECTRICITY ASSISTANCE.

loans. The Secretary shall issue the grants based on a determination of cost-effectiveness and most effective use of funds to achieve the stated purposes of this section.

SEC. 408. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

`SEC. 213. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

SEC. 409. SOUTHEAST ALASKA ELECTRICAL POWER.

TITLE V--REGULATION OF MERGERS AND CORPORATE STRUCTURE

SEC. 501. REFORM OF HOLDING COMPANY REGULATION UNDER PUHCA.

`SECTION 1. SHORT TITLE.

`SEC. 2. DEFINITIONS.

interstate commerce;

`SEC. 3. FEDERAL ACCESS TO BOOKS AND RECORDS.

`SEC. 4. STATE ACCESS TO BOOKS AND RECORDS.

`SEC. 5. EXEMPTION AUTHORITY.

`SEC. 6. AFFILIATE TRANSACTIONS.

`SEC. 7. APPLICABILITY.

`SEC. 8. EFFECT ON OTHER REGULATIONS.

`SEC. 9. ENFORCEMENT.

`SEC. 10. SAVINGS PROVISIONS.

`SEC. 11. IMPLEMENTATION.

`SEC. 12. TRANSFER OF RESOURCES.

`SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

`SEC. 14. CONFORMING AMENDMENT TO THE FEDERAL POWER ACT.

SEC. 502. ELECTRIC COMPANY MERGERS.

SEC. 503. REMEDIAL MEASURES FOR MARKET POWER.

`REMEDIAL MEASURES FOR MARKET POWER

the adverse competitive effects of market power. The Commission may approve the plan with or without modification. The plan takes effect upon approval by the Commission. Notwithstanding any State law, regulation, or order to the contrary and notwithstanding any other provision of this Act or any other law, the Commission has jurisdiction to order divestiture or other transfer of control of generation assets pursuant to the plan.

TITLE VI--ELECTRIC RELIABILITY

SEC. 601. ELECTRIC RELIABILITY ORGANIZATION AND OVERSIGHT.

`ELECTRIC RELIABILITY ORGANIZATION AND OVERSIGHT

Commission any reliability standard, guidance, or practice, or any amendment thereto, that the person would propose to be made mandatory and enforceable. The Commission, after allowing interested persons an opportunity to submit comments, may approve the proposed mandatory standard, guidance, or practice, or any amendment thereto, if it finds that the standard, guidance, or practice, or amendment is just, reasonable, not unduly discriminatory or preferential, and in the public interest. Filed standards, guidance, or practices, including any amendments thereto, shall be mandatory and applicable according to their terms following approval by the Commission and shall remain in effect until--

interest, and satisfies the requirements of subsection (e)(4).

Entity and such difference is inconsistent with the effective and efficient implementation and administration of Bulk-Power System reliability, or

SEC. 602. ELECTRICITY OUTAGE INVESTIGATION.

following new section after section 213 as added by section 408:

`SEC. 214. ELECTRICITY OUTAGE INVESTIGATION BOARD.

SEC. 603. ADDITIONAL TRANSMISSION CAPACITY.

TITLE VII--ENVIRONMENTAL PROTECTION

SEC. 701. NITROGEN OXIDES CAP AND TRADE PROGRAM.

TITLE VIII--FEDERAL POWER SYSTEMS

Subtitle A--Tennessee Valley Authority

SEC. 801. DEFINITION.

SEC. 802. APPLICATION OF FEDERAL POWER ACT.

`APPLICATION TO FEDERAL POWER SYSTEMS

SEC. 803. ANTITRUST COVERAGE.

`SEC. 21a. ANTITRUST LAWS.

section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section 5 applies to unfair methods of competition.

SEC. 804. TVA POWER SALES.

`SEC. 15e. SALE OF ELECTRIC POWER AT WHOLESALE AND RETAIL.

SEC. 805. RENEGOTIATION OF LONG-TERM POWER CONTRACTS.

SEC. 806. STRANDED COST RECOVERY.

SEC. 807. CONFORMING AMENDMENTS.

Subtitle B--Bonneville Power Administration

SEC. 811. DEFINITIONS.

SEC. 812. APPLICATION OF FEDERAL POWER ACT.

SEC. 813. SURCHARGE ON TRANSMISSION RATES TO RECOVER OTHERWISE NON-RECOVERABLE COSTS.

SEC. 814. COMPLAINTS.

SEC. 815. REVIEW OF COMMISSION ORDERS.

SEC. 816. CONFORMING AMENDMENTS.

`RATES AND CHARGES

Subtitle C--Western Area Power Administration and Southwestern Area Power Administration

SEC. 821. DEFINITIONS.

SEC. 822. APPLICATION OF FEDERAL POWER ACT.

SEC. 823. SURCHARGE ON TRANSMISSION RATES TO RECOVER OTHERWISE NON-RECOVERABLE COSTS.

SEC. 824. CONFORMING AMENDMENTS.

TITLE IX--OTHER PROVISIONS

SEC. 901. TREATMENT OF NUCLEAR DECOMMISSIONING COSTS IN BANKRUPTCY.

SEC. 902. ENERGY INFORMATION ADMINISTRATION STUDY OF IMPACTS OF COMPETITION IN ELECTRICITY MARKETS.

SEC. 903. ANTITRUST SAVINGS CLAUSE.

SEC. 904. ELIMINATION OF ANTITRUST REVIEW BY THE NUCLEAR REGULATORY COMMISSION.

SEC. 905. ENVIRONMENTAL LAWS SAVINGS CLAUSE.

SEC. 906. GENERATING PLANT EFFICIENCY STUDY.

`GENERATING PLANT EFFICIENCY STUDY

SEC. 907. CONFORMING AMENDMENTS.

END