189d 
[DOCID: f:h268ih.txt]






107th CONGRESS
  1st Session
                                H. R. 268

To require the Federal Energy Regulatory Commission to order refunds of 
 unjust, unreasonable, unduly discriminatory or preferential rates and 
charges for electricity, to establish cost-based rates for electricity 
sold at wholesale in the Western Systems Coordinating Council, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2001

Mr. Filner (for himself, Mrs. Davis of California, Mrs. Napolitano, Mr. 
 Honda, Mr. Stark, Mr. Matsui, and Ms. Millender-McDonald) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Federal Energy Regulatory Commission to order refunds of 
 unjust, unreasonable, unduly discriminatory or preferential rates and 
charges for electricity, to establish cost-based rates for electricity 
sold at wholesale in the Western Systems Coordinating Council, and for 
                            other purposes.

    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 ``California Electricity Consumers 
Relief Act of 2001''.

SEC. 2. ADDITIONAL REFUND AUTHORITY UNDER FEDERAL POWER ACT.

    Section 206 of the Federal Power Act (16 U.S.C. 824e) is amended by 
adding the following at the end thereof:
    ``(e)(1) The provisions of this subsection shall apply only to 
refunds of rates and charges in effect pursuant to a rule or order of 
the Commission providing for market-based rates and charges for a 
transmission or sale of electric energy subject to the jurisdiction of 
the Commission. The provisions of subsection (b) concerning refunds 
shall not apply to such rates and charges.
    ``(2) When the Commission has found, after notice and opportunity 
for a hearing, on its own motion or upon complaint, that any rate or 
charge referred to in paragraph (1) is unjust, unreasonable, unduly 
discriminatory or preferential, the Commission shall order a refund of 
the portion of such rate or charge that exceeds the rate or charge that 
the Commission finds to be just, reasonable and not unduly 
discriminatory or preferential. Such refund shall include interest from 
the date on which the rate or charge was paid.
    ``(3) No order providing for a refund under this subsection may be 
issued with respect to amounts paid prior to the date 2 years before 
the date on which the notice referred to in paragraph (2) is published 
in the Federal Register.''
    (b) Effective Date.--The amendment made by subsection (a) shall not 
apply to any complaint filed before August 1, 2000.
    (c) Savings Provisions.--Nothing in the amendment made by 
subsection (a) shall affect any authority of the Commission (or of any 
court) existing before the enactment of this section, including any 
such authority to issue any rule or order relating to market-based 
rates, to approve or fix rates and charges, or to order refunds of any 
rate or charge.

SEC. 3. ESTABLISHMENT OF COST-BASED RATES FOR WHOLESALE SALES OF 
              ELECTRICITY IN THE WESTERN UNITED STATES.

    (a) Exercise of Authority To Establish Maximum Prices.--
                    (1) Determination on its own motion.--The Federal 
                Energy Regulatory Commission shall issue an order 
                establishing the maximum price for electricity sold at 
                wholesale subject to the jurisdiction of the Commission 
                under the Federal Power Act in the Western Systems 
                Coordinating Council for any period after June 1, 2000, 
                if the Commission determines that any rates charged for 
                such wholesale sales of electricity are unjust, 
                unreasonable, unduly discriminatory or preferential 
                under section 206 of the Federal Power Act. The 
                Commission may make such determination on its own 
                motion at any time. If the Governor of any State within 
                the Western Systems Coordinating Council submits a 
                petition to the Commission to make such determination 
                with respect to any such rates, within 30 days after 
                receipt of the petition, the Commission shall determine 
                if such rates are unjust, unreasonable, unduly 
                discriminatory or preferential under section 206 of the 
                Federal Power Act.
    (b) Maximum Price.--The maximum price established by the Federal 
Energy Regulatory Commission pursuant to subsection (a) shall be a 
price based on the seller's costs, including a return of and on 
invested capital, established in accordance with part II of the Federal 
Power Act.
    (c) Refunds of Prices Paid in Excess of Maximum Price.--Any prices 
paid in excess of the maximum price established pursuant to this 
section shall be refunded pursuant to section 206 of the Federal Power 
Act, as amended by section 2 of this Act.
    (d) Penalties.--Any person who violates any requirement of this 
section shall be subject to civil penalties equal to 3 times the value 
of the amount involved in such violation. The Federal Energy Regulatory 
Commission shall assess such penalties, after notice and opportunity 
for public hearing, in accordance with the same provisions as are 
applicable under section 31(d) of the Federal Power Act in the case of 
civil penalties assessed under such section 31.
    (e) Savings Provisions.--Nothing in this section shall affect any 
authority of the Commission existing before the enactment of this 
section to approve or fix rates and charges, or to order refunds of any 
rate or charge.

SEC. 4. SEVERABILITY.

    If any provision of this Act is found to be unenforceable or 
invalid, no other provision of this Act shall be invalidated thereby.
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