[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4316 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4316

 To amend the Federal Power Act to provide a moratorium on the retail 
   wheeling of electric energy until the Clean Air Act is amended to 
reduce significantly certain transboundary air pollution, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

 Mr. Pallone introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to provide a moratorium on the retail 
   wheeling of electric energy until the Clean Air Act is amended to 
reduce significantly certain transboundary air pollution, 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. AMENDMENT TO FEDERAL POWER ACT.

    Part II of the Federal Power Act is amended by adding at the end 
the following new section:

``SEC. 215. MORATORIUM ON RETAIL WHEELING.

    ``(a) Moratorium.--After September 26, 1996, and until an amendment 
to the Clean Air Act has been enacted into law to reduce significantly 
transboundary air pollution associated with ozone and ozone precursors, 
PM-10, mercury, and carbon dioxide, neither the Federal Energy 
Regulatory Commission nor any State may permit any person to enter into 
any arrangement for the sale of electric energy in interstate commerce 
to any retail electric customer located within the exclusive service 
territory of any State regulated or nonregulated electric utility 
serving retail electric customers in that State. The prohibition set 
forth in the preceding sentence shall not apply to--
            ``(1) the sale of electric energy by a State regulated 
        electric utility or nonregulated electric utility to retail 
        customers located within the exclusive service territory of 
        such utility; or
            ``(2) the sale of electric energy pursuant to an 
        arrangement entered into before September 26, 1996.
    ``(b) Definition.--For purposes of this section, the term 
`exclusive service territory' means the service territory served by an 
electric utility as of the date of enactment of this section or any 
modification of such territory adopted after the enactment of this 
section that prohibits more than a single electric utility from selling 
electric energy to retail customers within a specified geographic 
region.''.
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