[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4645 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4645

    To amend the Federal Power Act to authorize the Federal Energy 
Regulatory Commission to disallow recovery of certain costs incurred by 
  public utilities pursuant to transactions authorized under section 
13(b) of the Public Utility Holding Company Act of 1935, and for other 
                               purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 1994

   Mr. Boucher (for himself, Mr. Sharp, Mr. Markey, and Mr. Dingell) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Power Act to authorize the Federal Energy 
Regulatory Commission to disallow recovery of certain costs incurred by 
  public utilities pursuant to transactions authorized under section 
13(b) of the Public Utility Holding Company Act of 1935, 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. AUTHORITY TO DISALLOW RECOVERY OF CERTAIN COSTS.

    Section 318 of the Federal Power Act is amended by inserting 
``(a)'' after ``Sec. 318.'' and by adding the following at the end 
thereof:
    ``(b) Notwithstanding any other provision of the Federal Power Act 
or the Public Utility Holding Company Act of 1935, the Commission shall 
have authority to disallow recovery in jurisdictional rates of any 
costs incurred by a public utility pursuant to a transaction that has 
been authorized under section 13(b) of the Public Utility Holding 
Company Act of 1935, if the Commission determines that recovery of such 
costs would be inconsistent with the requirements of sections 205 or 
206 of this Act.
    ``(c) In any proceeding of the Commission to consider the recovery 
of costs described in subsection (b) there shall be a rebuttable 
presumption that such costs are just, reasonable, and not unduly 
discriminatory or preferential within the meaning of this Act.
    ``(d) Subsection (b) shall not apply to any cost incurred and 
recovered prior to the date of enactment of this subsection.''.

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