[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2562 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2562

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 1995

Mr. Stearns (for himself, Mr. English of Pennsylvania, Mr. Murtha, Mr. 
 Towns, Mr. Quinn, Mr. McHugh, Mr. Paxon, Mr. Walsh, Mr. Houghton, Mr. 
Hancock, Mr. Boehlert, Mr. Frelinghuysen, Mr. Clinger, Mr. McHale, and 
 Mr. Talent) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To 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 resulted in many consumers 
        paying exorbitant 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; 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 Facilities.--Section 210 of the Public Utility Regulatory 
Policies Act of 1978 shall not apply to any facility placed in service 
after the enactment of this Act, except those for which a power 
purchase contract entered into pursuant to such section 210 was in 
effect on September [  ], 1995.
    (b) New Contracts.--After September [  ], 1995, no electric utility 
shall be required to enter into a new contract or obligation to 
purchase or to sell electric energy pursuant to section 210 of the 
Public Utility Regulatory Policies Act of 1978.

SEC. 4. EXISTING RIGHTS AND REMEDIES.

    (a) Rights and Remedies Not Affected.--Nothing in this Act 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 pursuant to the Public Utility Regulatory 
Policies Act of 1978 pursuant to any contract in effect on September 
[insert date of introduction], 1995, including the right to recover the 
costs of purchasing such electric energy or capacity.
    (b) 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. 5. 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 September [insert date of introduction], 1995, 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 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. 6. DEFINITIONS.

    For purposes of this Act, the terms ``Commission'', ``electric 
utility'', ``qualifying cogeneration facility'', and ``qualifying small 
power production facility'' shall have the same meanings as provided in 
the Public Utility Regulatory Policies Act of 1978 and the term 
``qualifying facility'' shall mean a qualifying small power production 
facility or a qualifying cogeneration facility as defined in that Act.
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