Utility Consumers' Counsel and Information Act

Utility Consumers' Counsel and Information Act - Provides definitions for various terms of the Act.

Title I: Utility Consumers' Counsel - Establishes within the executive branch of the Government an independent agency to be known as the United States Office of Utility Consumers' Counsel to be headed by a Consumers' Counsel, who shall be appointed for a term of five years by the President, by and with the advice and consent of the Senate.

Permits the Counsel to: (1) promulgate such rules and regulations as may be required to carry out the functions of the Office and (2) delegate to any other officer or employee of the Office authority for the performance of any duty imposed, or the exercise of any power conferred, upon the Counsel by this Act, and any reference herein to the Counsel shall include his duly authorized delegate or delegates.

Directs the Counsel to, subject to civil service laws and the Hatch Act, appoint and fix the compensation of such personnel as he determines to be required for the performance of the functions of the Office.

Authorizes the Counsel to appoint such advisory committees as the Counsel may determine to be necessary or desirable for the effective performance of the functions of the Office; and to designate representatives to serve on such committees as the Counsel may determine to be necessary or desirable to maintain effective liaison with Federal agencies and with departments, agencies, and instrumentalities of the States which are engaged in activities related to the functions of the Office.

Provides that, upon request made by the Counsel, each Federal agency is authorized and directed: (1) to make its services, personnel, and facilities available to the greatest practicable extent to the Office in the performance of its functions and (2) subject to provisions of law and regulations relating to the classification of information in the interest of national defense, to furnish to the Office such information, suggestions, estimates, and statistics as the Counsel may determine to be necessary or desirable for the performance of the functions of the Office.

Authorizes the Counsel to petition for, initiate, appear, or intervene in any investigation, complaint, action, appeal, or other proceeding, except a criminal proceeding, before any Federal, State, or local agency, or Federal or State court, in accordance with the rules of practice and procedure of such agency or court, where in the opinion of the Counsel, there is a matter or controversy affecting substantially the interests of consumers of utility services within the United States, except that such action by Counsel before any State or local agency or State court shall be authorized only when: (1) it is requested by the Governor of a State or any official designated by him for such purpose; (2) it is requested by an agency or official duly authorized by a State to represent the interests of utility consumers before any State or local agency or court; (3) it is requested by a local government serving a population of fifty thousand persons or more, or a combination of local governments covering ten percent of the population of the service area of a utility within any State; or (4) it is requested by a duly certified petition signed by the consumers of services of a utility within any State as follows: if the total of such consumers equals one thousand or less, petition must be signed by 20 percent of such consumers; if the total of such consumers equals an amount over one thousand but less than ten thousand, petition must be signed by ten percent of such consumers; or if total of such consumers equals ten thousand or more, petition must be signed by five percent of such consumers.

Directs the Counsel from time to time to compile and disseminate to the public, through such publications and other means as he determines to be appropriate, such information as he considers to be necessary or desirable for the protection of the interests of consumers of utility services. Requires him, in January of each year, to transmit to the Congress a report containing: (1) a full and complete description of the activities of the Office during the preceding calendar year; (2) a discussion of matters currently affecting the interests of such consumers; and (3) his recommendations for the solution of any problems adversely affecting those interests and transmit to the President from time to time such recommendations for proposed legislation as the Counsel may consider to be necessary or desirable for the adequate protection of the interests of such consumers.

Authorizes the Council to make grants to any State or local government, or combination of such governments, that serve a population of one hundred thousand or more persons, for up to 75 percent of the cost of performing any of the following functions: (1) representing the interests of consumers of utility services before Federal, State or local agencies and Federal or State courts, including but not limited to the initiation, appearance or intervention, with respect to any investigation, complaint, action, appeal, or other proceeding and the preparation and presentation of evidence, briefs, and arguments in connection therewith; (2) compiling and making available to the public information which is necessary or desirable for the protection of the interests of consumers of utility services; and (3) making available, to the extent possible, technical assistance, statistics, information and personnel for consultation and assistance to Federal, State and local governments and agencies, and to nongovernmental organizations having a special interest in matters affecting the interest of consumers of utility services.

Provides that no grant for such services shall be made to any State or local agency authorized by law to regulate one or more of the utilities defined under this Act.

Authorizes the Counsel to make grants to any State or local agency authorized by law to regulate one or more of the utilities defined under this Act for the following purposes: (1) increasing the number and quality of professional staff personnel assigned to matters affecting the interests of consumers of utility services; (2) developing personnel, systems and facilities, including automatic data processing equipment, for obtaining essential information, making studies and other evaluation of data, and assisting in the making of decisions with respect to matters affecting the interests of consumers of utility services; or (3) providing for training and education programs, including internship, work-study, fellowship and similar programs for professional staff positions relating to matters affecting the interests of consumers of utility services.

Directs the Counsel to allocate grants under this Act in such manner as will most nearly provide an equitable distribution of grants among States and local governments, taking into consideration such facts as size of population, extent of utility services, the urgency of programs or projects, and the need for funds to carry out the purposes of this Act.

Permits the Counsel to furnish technical advice and assistance, including information, on request to any State or local regulatory agency for the purpose of establishing and carrying out any program of utility consumer interest within the general purposes of this Act. Requires State and local government reports, and permits the Counsel to make reviews and audits.

Provides that whenever the Counsel, after giving reasonable notice and opportunity for hearing to a grant recipient under this Act, finds: (1) that the program or project for which such grant was made has been so changed that it no longer complies with the provisions of this Act or (2) that in the operation of the program or project there is failure to comply substantially with any such provision; the Counsel shall notify such recipient of his findings and no further payments may be made to such recipient by the Counsel until he is satisfied that such noncompliance has been, or will promptly be, corrected. Provides that the Counsel may authorize the continuance of payments with respect to any projects pursuant to this Act which are being carried out by such recipient and which are not involved in the noncompliance.

Provides that if the recipient of a grant under this Act is dissatisfied with the Counsel's final action such recipient may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such recipient is located a petition for review of that action.

Gives the court jurisdiction to affirm the action of the Counsel or to set it aside, in whole or in part. Provides that the judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

Directs the Counsel to make a full and complete investigation and study for the purpose of: (1) preparing a comparison and analysis of State and Federal laws regulating utilities and (2) preparing model laws and recommendations for regulation of such utilities.

Authorizes approprations annually for the the purposes of this title in an amount equal to "three-tenths of one percent of the aggregate annual net operating revenues of all utilities."

Title II: Public Information with Respect to Certain Utilities - Directs the Federal Power Commission with respect to electric companies and gas companies and the Federal Communications Commission with respect to common carriers to obtain the information required with respect to each such utility and to publish such information at least annually in reports prepared for and made readily available to the public, especially in the service area of each such utility.

Provides that the information is to be made available with respect to each such utility and shall include, insofar as practicable, comparable data for previous years and national averages.

Authorizes the Federal Power Commission, the Federal Communications Commission, and the Securities Exchange Commission to coordinate and assist in carrying out the provisions of this Act and to conduct investigations and promulgate such regulations as are necessary to implement this Act, each in accordance with its own rules of procedure. Makes it unlawful to fail to provide information required by this Act or to give false information. Provides that any person so violating the Act shall also be deemed to have violated the Federal Power Act, the Natural Gas Act, the Public Utility Holding Act or the Federal Communications Act, and the civil and criminal penalties and procedures for enforcement provided in each of said Acts shall apply, whichever is most appropriate.

Authorizes the Federal Power Commission, the Federal Communications Commission, and the Securities Exchange Commission to make full use of automatic data processing in preparing the information required under this Act and other Acts to which they are subject, to the end that Federal and State regulatory bodies, the Congress, the United States Office of Utility Consumers' Counsel, such State and local offices of consumers' counsel as may be established with assistance under this Act, and the public shall receive in a timely and understandable manner information upon which the interests of utility consumers may be assisted and protected.

Authorizes necessary appropriations to carry out the provisions of this title.