[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5626 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5626

 To amend the Federal Power Act to provide additional authority to the 
   Federal Energy Regulatory Commission to order refunds of unjust, 
 unreasonable, unduly discriminatory or preferential rates and charges 
                for electricity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2000

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to provide additional authority to the 
   Federal Energy Regulatory Commission to order refunds of unjust, 
 unreasonable, unduly discriminatory or preferential rates and charges 
                for electricity, 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. 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 may 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.
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