(Sec. 101) Sets a deadline by which each State may elect to require retail electric competition in accordance with prescriptions under this Act for every regulated and nonregulated local distribution company providing local distribution service. Prescribes implementation guidelines.
Exempts regulated and nonregulated companies that have: (1) adopted a plan providing open access to local distribution facilities for retail electric suppliers seeking to make retail sales to all classes of retail customers; and (2) have notified the Federal Energy Regulatory Commission (FERC)accordingly.
Cites circumstances under which a State (and a nonregulated electric utility) may prohibit a distribution facility from selling to retail electric consumers energy that is generated by non-competitive facilities in another State (i.e. no retail reciprocity).
Permits acquisition of retail electric energy on an aggregate basis by an entity acting on behalf of a group of customers if notice of retail competition has been filed. Denies Federal courts jurisdiction for actions regarding retail competition (except for Supreme Court review).
Declares the retail reciprocity provisions applicable to: (1) any foreign person or electric utility which is a citizen of a signatory to the North American Free Trade Agreement; and (2) electric energy imports.
Prescribes privacy guidelines governing consumer proprietary information.
(Sec.102) Amends the Federal Power Act (FPA) to provide for the establishment and enforcement of mandatory reliability standards to ensure the reliable operation of the bulk-power system. Grants FERC, for purposes of approving and enforcing compliance with such standards, jurisdiction over: (1) the Electric Reliability Organization; (2) all affiliated regional reliability entities (entities to which authority has been delegated to enforce compliance with reliability standards); (3) all system operators; and (4) all users of the bulk-power system. Provides that, prior to the establishment of the Electric Reliability Organization (Organization), any person (including the North American Electric Reliability Council and its member Regional Reliability Councils) may file a proposed reliability standard, guidance, or practice which, subject to FERC approval, shall be mandatory and enforceable.
Prescribes procedural guidelines for FERC approval of: (1) applications competing for status as the Electric Reliability Council; and (2) Organization standards. Requires all users of the bulk-power system to comply with such standards.
Mandates that: (1) the Organization take all appropriate steps to gain recognition in Canada and Mexico; and (2) the United States use its best efforts to enter into international agreements with the governments of Canada and Mexico to effectuate compliance with Organization standards, and to provide for the effectiveness of the Organization's mission.
Requires every system operator to be a member of the Electric Reliability Organization, and of any affiliated regional reliability entity operating under an agreement applicable to the region in which the system operator operates or is responsible for the operation of a bulk-power system facility.
Empowers the Organization to take disciplinary and enforcement action. Directs the Organization to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America, and to report its findings and recommendations annually to FERC and to the Secretary of Energy. Provides for the assessment and recovery of implementation and enforcement costs incurred by the Organization and each affiliated regional reliability entity, respectively.
Presumes to be in compliance with Federal anti-trust laws those activities undertaken by the Organization, an affiliated regional reliability entity, or members of those entities pursuant to this Act.
(Sec. 103) Mandates that a local distribution utility allow interconnection with a facility if the facility owner is an electric customer which is provided local distribution service and complies with a final Federal ruling governing such interconnection.
(Sec. 104) Requires the Federal Trade Commission (FTC) to promulgate, in consultation with selected Federal agencies, mandatory electric supplier information disclosures governing any electric supplier with a capacity in excess of five megawatts that sells electric energy. Prescribes mandatory disclosures. Prescribes guidelines governing FERC mitigation of electric utility market power domination resulting in electric energy prices that exceed the prices that would be charged in a fully competitive market. Authorizes the States to prescribe additional requirements.
Directs the FTC to establish and enforce rules governing unfair trade practices with respect to: (1) selection by a retail electric customer of a retail electric supplier ("slamming"); and (2) express consent by a retail electric customer for the purchase of goods and services ("cramming").
(Sec. 107) Amends the FPA to declare it does not preempt or otherwise affect any authority under State or local municipal law to: (1) require unbundled transmission and local distribution services for electric energy delivery directly to an ultimate consumer; or (2) impose a delivery charge on such consumer's receipt of electric energy. Retains the exclusive jurisdiction of FERC over unbundled transmission in interstate commerce.
Authorizes FERC to: (1) require public utilities and transmitting utilities to provide open access transmission services; (2) permit recovery of stranded costs arising from any requirement to provide open access transmission services; and (3) require the transmission of electric energy to an ultimate consumer if a notice of retail competition is in effect with respect to such consumer, or if a distribution utility offers such consumer open access to its delivery facilities.
Requires FERC to issue an order requiring the transmission of electric energy upon application of either an Indian tribe, or a Department of Defense military base facility, regardless of whether a notice of retail competition has been filed.
Authorizes a State regulatory authority, a transmitting utility; or a local distribution company to apply to FERC for a determination whether a particular facility used for the transportation of electric energy located in the State is: (1) a local distribution facility subject the State regulatory authority; or (2) a transmission facility subject to FERC.
(Sec. 108) Cites circumstances under which: (1) FERC may order the establishment of an entity to independently operate and control interconnected transmission facilities and generators, and may order a transmitting utility to relinquish operating control over its transmission facilities to such entity; and (2) designated Federal utilities may participate in a regional transmission system operation.
(Sec. 109) Repeals FPA wheeling provisions pertaining to: (1) the Columbia River Transmission System; and (2)the Electric Reliability Council of Texas (ERCOT).
(Sec. 110) Conditions electric company mergers and acquisitions upon prior FERC authorization. Subjects generation facilities to FERC jurisdiction.
(Sec. 111) Grants the consent of Congress to an interstate compact to establish a regional transmission planning agency subject to specified FERC determinations.
(Sec. 112) Expresses the sense of Congress that: (1) every consumer should have access to electric energy at reasonable, affordable rates; and (2) FERC and the States should ensure that competition does not result in the loss of service to rural, residential, or low-income consumers.
(Sec. 114) Directs FERC to study and report to Congress on the extent to which retail electric customers of certain local distribution companies benefit from adoption of retail electric competition.
Title II: Provisions Respecting the Public Utility Holding Company Act of 1935 - Public Utility Holding Company Act of 1999 - Repeals the Public Utility Holding Company Act of 1935, except with respect to a holding company system whose subsidiary public-utility company provides retail electric or gas service in two or more States whose regulatory authority has not: (1) provided notice of retail competition in accordance with statutory guidelines; or (2) required distribution utilities to provide open access service over their distribution facilities.
(Sec. 204) Prescribes procedural guidelines for both FERC and State access to records of a public utility or natural gas holding company (including subsidiaries, associates and affiliates).
(Sec. 205) Precludes such State access to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under PURPA.
(Sec. 206) Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company.
(Sec. 207) Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions.
(Sec. 208) Declares this Act inapplicable to: (1) the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States.
(Sec. 210) Grants FERC certain FPA enforcement powers.
(Sec. 213) Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act.
(Sec. 214) Authorizes appropriations.
(Sec. 215) Amends the FPA to repeal its conflict of jurisdiction guidelines.
Title III: Provisions Respecting the Public Utility Regulatory Policies Act of 1978 - Ratepayer Protection Act of 1999 - Amends the Public Utility Regulatory Policies Act of 1978 to declare that after enactment of this Act, no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy or capacity pursuant to PURPA provisions governing cogeneration and small power production.
(Sec. 304) Directs FERC to promulgate and enforce regulations to assure that no utility shall be required to absorb the costs (thus allowing a utility to recover all costs) associated with electric energy or capacity purchases from a qualifying facility executed before enactment of this Act, to the extent that the utility cannot otherwise reasonably mitigate such costs. Provides that such regulations shall be treated as a rule enforceable under the FPA.
Title IV: Federal Power Marketing Administrations and Tennessee Valley Authority - Subtitle A: Tennessee Valley Authority - Repeals FPA provisions relating to: (1) interconnection or wheeling orders that result in sales or delivery outside the Tennessee Valley Region; and (2) equitability within territory restricted electric systems.
(Sec. 402) Amends the Tennessee Valley Authority Act of 1933 to repeal restrictions placed upon the Tennessee Valley Authority (TVA) to sell or deliver power beyond the area for which it was the primary source of power on July 1, 1957.
(Sec. 403) Prohibits TVA sales of electric energy to an end use or retail customer that did not have a purchase contract for services to specific facilities on the date of enactment of this Act.
Sets forth prerequisites under which sales of TVA wholesale electric energy and services for use outside the Tennessee Valley Region are: (1) restricted to excess electric energy; and (2) subject to FPA and FERC rules and regulations.
(Sec. 404) Prohibits TVA acquisition of any new major generating resource: (1) unless financial arrangements have been made to ensure that the customer on whose behalf such acquisition has been made has committed to pay the full costs of the resource; and (2) that it reasonably expects will necessitate use of its authority to recover certain nonrecoverable costs.
(Sec. 405) Mandates that TVA and its distributors renegotiate existing long-term contracts with respect to: (1) remaining term; (2) length of termination notice; (3) amount of electric energy that distributors may purchase from non-TVA suppliers, including access to the TVA transmission system; and (4) stranded costs recovery.
(Sec. 406) Subjects TVA electric energy transmission and local distribution to the jurisdiction of FERC and the FPA. Mandates FERC approval as a prerequisite to any significant TVA transmission plant investment. Permits any municipality or cooperative organization that is a customer of TVA electric energy to: (1) avoid TVA regulatory authority regarding the rates or terms of its resales of electric energy for profit; and (2) replace TVA oversight authority with that of its own governing body.
Amends PURPA to redefine "State regulatory authority" so as to remove TVA as a State agency with ratemaking authority over sales of electric energy by any electric utility (thus terminating TVA jurisdiction under PURPA).
(Sec. 408) Directs FERC to promulgate regulations governing recovery of stranded costs imposed on TVA by either a departing power customer, or by a departing transmission customer.
Mandates that such regulations shield customers that did not impose stranded costs upon TVA from liability for paying them on behalf of other customers.
Conditions TVA recovery of stranded costs upon FERC approval. Precludes FERC from imposing stranded cost recovery charges after FY 2007, without the consent of the person against whom such charges are assessed.
Mandates that any TVA stranded costs recovery charges be unbundled from other rates and stated separately on the customer's bill.
(Sec. 409) Proscribes TVA participation in a FERC-regulated regional transmission planning agency that would require it, or combined users of TVA's transmission system, to pay a disproportionate share of agency costs.
(Sec. 410) Places TVA within Federal antitrust purview.
(Sec. 411) Mandates that TVA offer its local distribution facilities for sale pursuant to FERC prescriptions. Permits TVA customers to elect retention of such facilities, but precludes inclusion of the costs of such facilities in TVA transmission rates. Proscribes TVA construction of facilities designed to operate at less than 35 kilovolts.
Subtitle B: Bonneville Power Administration - Amends the FPA to prescribe procedural guidelines under which FERC shall provide for the imposition of surcharges for transmission services over the Bonneville Transmission System in order for the Bonneville Administrator to meet certain statutory cost recovery requirements.
(Sec. 426) Subjects the Bonneville Power Administration to Federal antitrust jurisdiction.
Subtitle C: Other Power Marketing Administrations - Instructs the Secretary of Energy to promulgate procedural guidelines governing the accounting principles and requirements of the Western, Southwestern, and Southeastern Power Administrations, including compliance and administrative reconciliation.
(Sec. 433) Sets parameters for participation by the Federal power marketing administrations in a FERC-approved and regulated regional transmission planning agency. Subjects such administrations to Federal antitrust jurisdiction.
Title V: Renewable Energy - Amends PURPA to set a deadline by which the Administrator of the Energy Information Administration in the Department of Energy shall publicize the estimated percentage of total domestic electric energy generation to be supplied by renewable energy during calendar year 2004.
(Sec. 501) Sets a deadline by which a retail electric supplier shall submit to the Secretary Renewable Energy Credits equal to a certain annual percentage of total electric energy sold to electric consumers in the calendar year. Prescribes implementation guidelines.
(Sec. 502) Requires each retail electric supplier to make net metering service available upon request to a retail electric consumer served or solicited by such supplier.
Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. Retains State authority to require a retail electric supplier to make net metering service available to a retail electric consumer.
Title VI: Provisions Relating to the Internal Revenue Code - Amends the Internal Revenue Code to extend for five years the tax credit for producing electricity from renewable resources.
(Sec. 602) Allows a credit against tax for: (1) certain qualified energy efficiency improvements; (2) construction of new energy efficient homes; and (3) combined heat and power system property.
(Sec. 605) Redefines "private business use" to exclude open access transactions with respect to an electric output facility owned by a governmental unit. Permits certain bond issuers to make an irrevocable election to terminate certain tax-exempt financing for electric output facilities.
Introduced in House
Introduced in House
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Resources, 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.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Resources, 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.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Resources, 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.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Resources, 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.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Resources, 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.
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Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Water and Power.
Referred to the Subcommittee on Energy and Power.
Subcommittee Hearings Held.