[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 417 Introduced in House (IH)]







106th CONGRESS
  2d Session
H. CON. RES. 417

   Expressing the strong support of Congress that the Federal Energy 
Regulatory Commission execute its fundamental responsibility to reform 
    the unjust and unreasonable electric power rates in California 
                              immediately.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2000

Mr. Hunter (for himself, Mr. Bilbray, Mr. Cunningham, Mr. Packard, and 
 Mr. Filner) submitted the following concurrent resolution; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Expressing the strong support of Congress that the Federal Energy 
Regulatory Commission execute its fundamental responsibility to reform 
    the unjust and unreasonable electric power rates in California 
                              immediately.

Whereas the economy of San Diego and Orange Counties is being drained of 
        $75,000,000 to $100,000,000 each month as a result of unreasonable 
        electric power costs;
Whereas electricity consumers of San Diego and Orange Counties are expected to 
        be $500,000,000 poorer by the end of October 2000 as a result of 
        electricity price spikes;
Whereas electricity prices have increased by 9000 percent in a matter of hours 
        during periods of peak demand in San Diego this summer;
Whereas the Federal Energy Regulatory Commission has a fundamental obligation to 
        protect American consumers from excessive electricity price increases;
Whereas section 206(a) of the Federal Power Act provides that ``whenever the 
        Federal Energy Regulatory Commission, after a hearing had upon its own 
        motion or upon complaint, shall find that any rate, charge, or 
        classification, demanded, observed, charged, or collected by any public 
        utility for any transmission or sale subject to the jurisdiction of the 
        Commission, or that any rule, regulation, practice, or contract 
        affecting such rate, charge, or classification is unjust, unreasonable, 
        unduly discriminatory or preferential, the Commission shall determine 
        the just and reasonable rate, charge, classification, rule, regulation, 
        practice, or contract to be thereafter observed and in force, and shall 
        fix the same by order'';
Whereas the Commission's authority under section 206(a) was recognized by the 
        courts during Louisiana Public Service Commission v. FERC, with the U.S. 
        Court of Appeals for the District of Columbia Circuit which stated that 
        ``as to matters within its jurisdiction, the Commission has the duty-not 
        the option-to reform rates that by virtue of changed circumstances are 
        no longer just and reasonable''; and
Whereas the Commission, through its willingness to hold a hearing on the 
        justness and reasonableness of the rates, charges and practices of 
        public utility sellers of wholesale power into the markets of the 
        California Independent System Operator and California Power Exchange, 
        has acknowledged that it recognizes its authority to establish new rates 
        and charges pursuant to the findings of that hearing: Now, therefore, be 
        it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that the Federal Energy Regulatory 
Commission has the duty, not the option, to reform the unjust and 
unreasonable electric power rates in California without further delay.
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