[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3093 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3093

 To require the Federal Energy Regulatory Commission to roll back the 
     wholesale price of electric energy sold in the Western System 
             Coordinating Council, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2000

  Mrs. Boxer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To require the Federal Energy Regulatory Commission to roll back the 
     wholesale price of electric energy sold in the Western System 
             Coordinating Council, 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. SHORT TITLE.

    This Act may be cited as the ``Halt Electricity Price-gouging in 
San Diego Act'' or ``HELP San Diego Act''.

SEC. 2. ROLL BACK OF WHOLESALE PRICE FOR ELECTRICITY IN WESTERN MARKET.

    (a) Ceiling.--The Federal Energy Regulatory Commission shall, by 
not later than November 30, 2000, issue an order establishing the 
maximum price for electricity sold at wholesale subject to the 
jurisdiction of the Commission under the Federal Power Act in the 
Western System Coordinating Council after June 1, 2000.
    (b) Maximum Price.--For purposes of this Act, the maximum price 
established by the Federal Energy Regulatory Commission shall be the 
lesser of--
            (1) an average of the wholesale price for electric energy 
        sold in the Western System Coordinating Council in the three-
        year period immediately before June 1, 2000, or
            (2) a price based on a cost-based formula for wholesale 
        rates established in accordance with Part II of the Federal 
        Power Act.
    (c) Refund.--Any person selling electric energy at wholesale 
subject to the jurisdiction of the Commission under the Federal Power 
Act in the Western System Coordinating Council after June 1, 2000, who 
has received in excess of the maximum price for such energy shall 
promptly refund to the purchaser the full amount of such excess. Such 
purchaser shall promptly transfer such refund to the ultimate consumers 
of such electric energy, except that if such purchaser resold the 
electric energy at wholesale to any other wholesale purchaser, each 
such wholesale purchaser shall refund such amount to the person or 
persons who purchased such electric energy from such wholesale 
purchaser.
    (d) Penalties.--Any person who violates any requirement of this Act 
shall be subject to civil penalties equal to three times the value of 
the amount involved in such violation. The Federal Energy Regulatory 
Commission shall assess such penalties, after notice and opportunity 
for public hearing, in accordance with the same provisions as are 
applicable under section 31(d) of the Federal Power Act in the case of 
civil penalties assessed under such section 31.
    (e) Separability.--If any provision of this Act is found to be 
unenforceable or invalid, no other provision of this Act shall be 
affected thereby.
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