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HR 381 IH

To prospectively repeal section 210 of the Public Utility Regulatory Policies Act of 1978.

January 31, 2001

Mr. STEARNS introduced the following bill; which was referred to the Committee on Energy and Commerce

To prospectively repeal section 210 of the Public Utility Regulatory Policies Act of 1978.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Ratepayer Protection Act'.

SEC. 2. FINDINGS.

The Congress finds that--

(1) implementation of section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) resulted in many consumers paying excessive rates for electricity;

(2) the Energy Policy Act of 1992 gives nonregulated producers of electricity additional access to the wholesale electric market through transmission access and exemption from the Public Utility Holding Company Act of 1935; and

(3) in light of the competitive wholesale electric marketplace brought about by the Energy Policy Act of 1992, section 210 of the Public Utility Regulatory Policies Act of 1978 need no longer exist.

SEC. 3. PROSPECTIVE REPEAL.

(a) NEW CONTRACTS- After the date of enactment of this Act, no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electric energy or capacity pursuant to section 210 of the Public Utility Regulatory Policies Act of 1978.

(b) EXISTING RIGHTS AND REMEDIES NOT AFFECTED- Nothing in this section affects the rights or remedies of any party with respect to the purchase or sale of electric energy or capacity from or to a facility determined to be a qualifying small power production facility or a qualifying cogeneration facility under section 210 of the Public Utility Regulatory Policies Act of 1978 pursuant to any contract or obligation to purchase or to sell electric energy or capacity in effect on January 6, 1999, including the right to recover the costs of purchasing such electric energy or capacity.

(c) INTERPRETATIONS AND ACTIONS TAKEN- Nothing in this Act may be deemed or construed as implying congressional ratification of any interpretation of, or any action taken pursuant to, the Public Utility Regulatory Policies Act of 1978.

SEC. 4. RECOVERY OF COSTS.

In order to assure recovery by electric utilities purchasing electric energy or capacity from a qualifying facility pursuant to any legally enforceable obligation entered into or imposed pursuant to section 210 of the Public Utility Regulatory Policies Act of 1978 prior to the date of enactment of this Act of all costs associated with such purchases, the Commission shall promulgate and enforce such regulations as may be required to assure that no utility shall be required directly or indirectly to absorb the costs associated with such purchases from a qualifying facility. Such regulations shall be treated as a rule enforceable under the Federal Power Act (16 U.S.C. 791a-825r).

SEC. 5. DEFINITIONS.

For purposes of this Act:

(1) The term `Commission' means the Federal Energy Regulatory Commission.

(2) The term `electric utility' means any person, State agency, or Federal agency, which sells electric energy.

(3) The term `qualifying small power production facility' has the same meaning as provided in section 3(17)(C) of the Federal Power Act.

(4) The term `qualifying cogeneration facility' has the same meaning as provided in section 3(18)(A) of the Federal Power Act.

(5) The term `qualifying facility' means either a small power production facility or a qualifying cogeneration facility.

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