[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3037 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3037

To enhance the benefits of the national electric system by encouraging 
 and supporting State programs for renewable energy sources, universal 
electric service, affordable electric service, and energy conservation 
                and efficiency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2001

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

_______________________________________________________________________

                                 A BILL


 
To enhance the benefits of the national electric system by encouraging 
 and supporting State programs for renewable energy sources, universal 
electric service, affordable electric service, and energy conservation 
                and efficiency, 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 ``Renewable Energy and Energy 
Efficiency Investment Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the generation of electricity is unique in its combined 
        influence on the security, environmental quality, and economic 
        efficiency of the United States;
            (2) the generation and sale of electricity has a direct and 
        profound impact on interstate commerce;
            (3) the Federal Government and the States have a joint 
        responsibility for the maintenance of public purpose programs 
        affected by the national electric system;
            (4) notwithstanding the public's interest in and enthusiasm 
        for programs that enhance the environment, encourage the 
        efficient use of resources, and provide for affordable and 
        universal service, the investments in those public purposes by 
        existing means continues to decline;
            (5) the dependence of the United States on foreign sources 
        of fossil fuels is contrary to our national security;
            (6) alternative, sustainable energy sources must be 
        pursued;
            (7) consumers have a right to certain information in order 
        to make objective choices on their electric service providers; 
        and
            (8) net metering of small systems for self-generation of 
        electricity is in the public interest in order to encourage 
        private investment in renewable energy resources, stimulate 
        economic growth, and enhance the continued diversification of 
        the energy resources used in the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Biomass.--The term ``biomass'' means--
                    (A) organic material from a plant that is planted 
                exclusively for the purpose of being used to produce 
                electricity; and
                    (B) nonhazardous, cellulosic or agricultural animal 
                waste material that is segregated from other waste 
                materials and is derived from--
                            (i) a forest-related resource, including--
                                    (I) mill and harvesting residue;
                                    (II) precommercial thinnings;
                                    (III) slash; and
                                    (IV) brush;
                            (ii) an agricultural resource, including--
                                    (I) orchard tree crops;
                                    (II) vineyards;
                                    (III) grain;
                                    (IV) legumes;
                                    (V) sugar; and
                                    (VI) other crop by-products or 
                                residues;
                            (iii) miscellaneous waste such as--
                                    (I) waste pallets;
                                    (II) crates;
                                    (III) dunnage; and
                                    (IV) landscape or right-of-way tree 
                                trimmings, but not including municipal 
                                solid waste, recyclable postconsumer 
                                wastepaper, painted, treated, or 
                                pressurized wood, wood contaminated 
                                with plastic or metals, or tires; and
                            (iv) animal waste that is converted to a 
                        fuel rather than directly combusted, the 
                        residue of which is converted to biological 
                        fertilizer, oil, or activated carbon.
            (3) Board.--The term ``Board'' means the National Electric 
        System Benefits Board established under section 4.
            (4) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (5) Fund.--The term ``Fund'' means the National Electric 
        System Benefits Fund established by section 5.
            (6) Landfill gas.--The term ``landfill gas'' means gas 
        generated from the decomposition of household solid waste, 
        commercial solid waste, and industrial solid waste disposed of 
        in a municipal solid waste landfill unit (as those terms are 
        defined in regulations promulgated under subtitle D of the 
        Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).
            (7) Pollutant.--The term ``pollutant'' means--
                    (A) carbon dioxide, mercury nitrous oxide, sulfur 
                dioxide, or any other substance that the Administrator 
                identifies by regulation as a substance that, when 
                emitted into the air from a combustion device used in 
                the generation of electricity, endangers public health 
                or welfare (within the meaning of section 302(h) of the 
                Clean Air Act (42 U.S.C. 7602(h));
                    (B) any substance discharged into water that is 
                regulated under a National Pollutant Discharge 
                Elimination System permit issued under section 402 of 
                the Federal Water Pollution Control Act (33 U.S.C. 
                1342); and
                    (C) any substance disposed of in a solid or 
                hazardous waste facility that is regulated under the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
            (8) Renewable energy.--The term ``renewable energy'' means 
        electricity generated from--
                    (A) a renewable energy source; or
                    (B) hydrogen that is produced from a renewable 
                energy source.
            (9) Renewable energy source.--The term ``renewable energy 
        source'' means--
                    (A) wind;
                    (B) biomass;
                    (C) landfill gas; or
                    (D) a geothermal, solar thermal, or photovoltaic 
                source.
            (10) Retail electric supplier.--
                    (A) In general.--The term ``retail electric 
                supplier'' means a person or entity that sells retail 
                electricity to consumers.
                    (B) Inclusions.--The term ``retail electric 
                supplier'' includes--
                            (i) a regulated utility company (including 
                        affiliates or associates of such a company);
                            (ii) a company that is not affiliated or 
                        associated with a regulated utility company;
                            (iii) a municipal utility;
                            (iv) a cooperative utility;
                            (v) a local government; and
                            (vi) a special district.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 4. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS BOARD.

    (a) Establishment.--The Secretary shall establish a National 
Electric System Public Benefits Board to carry out the functions and 
responsibilities described in this section.
    (b) Membership.--The Board shall be composed of--
            (1) 1 representative of the Commission appointed by the 
        Commission;
            (2) 2 representatives of the Secretary appointed by the 
        Secretary;
            (3) 2 persons nominated by the national organization 
        representing State regulatory commissioners and appointed by 
        the Secretary;
            (4) 1 person nominated by the national organization 
        representing State utility consumer advocates and appointed by 
        the Secretary;
            (5) 1 person nominated by the national organization 
        representing State energy offices and appointed by the 
        Secretary;
            (6) 1 person nominated by the national organization 
        representing energy assistance directors and appointed by the 
        Secretary; and
            (7) 1 representative of the Environmental Protection Agency 
        appointed by the Administrator.
    (c) Chairperson.--The Secretary shall select a member of the Board 
to serve as Chairperson of the Board.
    (d) Manager.--
            (1) Appointment.--The Board shall by contract appoint an 
        electric systems public benefits manager for a term of not more 
        than 3 years, which term may be renewed by the Board.
            (2) Compensation.--The compensation and other terms and 
        conditions of employment of the manager shall be determined by 
        a contract between the Board and the individual or the other 
        entity appointed as manager.
            (3) Functions.--The manager shall--
                    (A) monitor the amounts in the Fund;
                    (B) receive, review, and make recommendations to 
                the Board regarding applications from States under 
                section 6(b); and
                    (C) perform such other functions as the Board may 
                require to assist the Board in carrying out its duties 
                under this Act.

SEC. 5. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS FUND.

    (a) Establishment.--
            (1) In general.--The Board shall establish an account or 
        accounts at one or more financial institutions, which account 
        or accounts shall be known as the ``National Electric System 
        Public Benefits Fund'', consisting of amounts deposited in the 
        fund under subsection (c).
            (2) Status of fund.--The wires charges collected under 
        subsection (c) and deposited in the Fund--
                    (A) shall constitute electric system revenues and 
                shall not constitute funds of the United States;
                    (B) shall be held in trust by the manager of the 
                Fund solely for the purposes stated in subsection (b); 
                and
                    (C) shall not be available to meet any obligations 
                of the United States.
    (b) Use of Fund.--
            (1) Funding of public purpose programs.--Amounts in the 
        Fund shall be used by the Board to provide matching funds to 
        States for the support of State public purpose programs 
        relating to--
                    (A) renewable energy sources;
                    (B) universal electric service;
                    (C) affordable electric service;
                    (D) energy conservation and efficiency;
                    (E) research and development in areas described in 
                subparagraphs (A) through (D), or
                    (F) disconnections during periods of extreme cold 
                or heat.
            (2) Distribution.--
                    (A) In general.--Except for amounts needed to pay 
                costs of the Board in carrying out its duties under 
this section, the Board shall instruct the manager of the Fund to 
distribute all amounts in the Fund to States to fund public purpose 
programs under paragraph (1).
                    (B) Fund share.--
                            (i) In general.--Subject to clause (iii), 
                        the Fund share of a public purpose program 
                        funded under paragraph (1) shall be 50 percent.
                            (ii) Proportionate reduction.--To the 
                        extent that the amount of matching funds 
                        requested by States exceeds the maximum 
                        projected revenues of the Fund, the matching 
                        funds distributed to the States shall be 
                        reduced by an amount that is proportionate to 
                        each State's annual consumption of electricity 
                        compared to the Nation's aggregate annual 
                        consumption of electricity.
                            (iii) Additional state funding.--A State 
                        may apply funds to public purpose programs in 
                        addition to the amount of funds applied for the 
                        purpose of matching the Fund share.
            (3) Program criteria.--The Board shall recommend 
        eligibility criteria for public benefits programs funded under 
        this section for approval by the Secretary.
            (4) Application.--Not later than August 1 of each year 
        beginning in 2000, a State seeking matching funds for the 
        following year shall file with the Board, in such form as the 
        Board may require, an application--
                    (A) certifying that the funds will be used for an 
                eligible public purpose program; and
                    (B) stating the amount of State funds earmarked for 
                the program.
    (c) Wires Charge.--
            (1) Determination of needed funding.--Not later than August 
        1 of each year, the Board shall determine and inform the 
        Commission of the aggregate amount of wires charges that will 
        be necessary to be paid into the Fund to pay matching funds to 
        States and pay the operating costs of the Board in the 
        following year.
            (2) Imposition of wires charge.--
                    (A) In general.--Not later than December 15 of each 
                year, the Commission shall impose a nonbypassable, 
                competitively neutral wires charge to be paid directly 
                into the Fund by the operator of the wire on 
                electricity carried through the wire (measured as it 
                exits the busbar at a generation facility) that affects 
                interstate commerce.
                    (B) Amount.--The wires charge shall be set at a 
                rate equal to the lesser of--
                            (i) 2.0 mills per kilowatt-hour; or
                            (ii) a rate that is estimated to result in 
                        the collection of an amount of wires charges 
                        that is as nearly as possible equal to the 
                        amount of needed funding determined under 
                        paragraph (1),
        reduced by 50 percent of the amount of any wire charge imposed 
        on such electricity under State law that is used by a State for 
        State public purpose program described in subsection (b)(1).
            (3) Deposit in the fund.--The wires charge shall be paid by 
        the operator of the wire directly into the Fund at the end of 
        each month during the calendar year for distribution by the 
        electric systems public benefits manager under section 5.
            (4) Penalties.--The Commission may assess against a wire 
        operator that fails to pay a wires charge as required by this 
        subsection a civil penalty in an amount equal to not more than 
        the amount of the unpaid wires charge.
    (d) Auditing.--
            (1) In general.--The Fund shall be audited annually by a 
        firm of independent certified public accountants in accordance 
        with generally accepted auditing standards.
            (2) Access to records.--Representatives of the Secretary 
        and the Commission shall have access to all books, accounts, 
        reports, files, and other records pertaining to the Fund as 
        necessary to facilitate and verify the audit.
            (3) Reports.--
                    (A) In general.--A report on each audit shall be 
                submitted to the Secretary, the Commission, and the 
                Secretary of the Treasury, who shall submit the report 
                to the President and Congress not later than 180 days 
                after the close of the fiscal year.
                    (B) Requirements.--An audit report shall--
                            (i) set forth the scope of the audit; and
                            (ii) include--
                                    (I) a statement of assets and 
                                liabilities, capital; and surplus or 
                                deficit;
                                    (II) a statement of surplus or 
                                deficit analysis;
                                    (III) a statement of income and 
                                expenses;
                                    (IV) any other information that may 
                                be considered necessary to keep the 
                                President and Congress informed of the 
                                operations and financial condition of 
                                the Fund; and
                                    (V) any recommendations with 
                                respect to the Fund that the Secretary 
                                or the Commission may have.

SEC. 6. RENEWABLE ENERGY PORTFOLIO STANDARDS.

    (a) Minimum Renewable Generation Requirement.--By April 1 of each 
calendar year after 2001, each retail electric supplier shall submit to 
the Secretary renewable energy credits in an amount equal to the 
required annual percentage of the supplier's total kilowatt-hour sales 
to end-use customers in the preceding calendar year.
    (2) Each retail electric supplier shall include the required annual 
percentage, as defined in subsection (b), in all products sold to end-
use customers. Suppliers are prohibited from representing to any 
customer or prospective customer that any of its products contain more 
than the specified percentage of eligible resources where the 
additional amount of eligible resources is being used to satisfy the 
minimum renewable generation requirement.
    (3) Nothing in this section shall be construed to prohibit any 
State from requiring additional renewable energy generation in that 
State under any program adopted by the State. A State may limit the 
benefits of any State renewable energy program to renewable energy 
generators located within the State's boundaries or other boundaries 
determined by the state.
    (b) Required Renewable Energy.--Of the total amount of electricity 
sold by each retail electric supplier during a calendar year, the 
amount generated by renewable energy sources shall be not less than the 
following:
            (1) 2.5 percent in 2002.
            (2) 3.0 percent in 2003.
            (3) 4.0 percent in 2004.
            (4) 5.0 percent in 2005.
            (5) 6.0 percent in 2006.
            (6) 7.0 percent in 2007.
            (7) 8.0 percent in 2008.
            (8) 9.0 percent in 2009.
            (9) 10.0 percent in 2010.
            (10) 11.0 percent in 2011.
            (11) 12.0 percent in 2012.
            (12) 13.0 percent in 2013.
            (13) 14.0 percent in 2014.
            (14) 15.0 percent in 2015.
            (15) 16.0 percent in 2016.
            (16) 17.0 percent in 2017.
            (17) 18.0 percent in 2018.
            (18) 19.0 percent in 2019.
            (19) 20.0 percent in 2020 and each year thereafter.
    (c) Submission of Credits.--A retail electric supplier may satisfy 
the requirements of subsection (a) through the submission of any of the 
following:
            (1) Renewable energy credits issued under subsection (d) 
        for renewable energy generated by the retail electric supplier 
        in the calendar year for which credits are being submitted or 
        any previous calendar year.
            (2) Renewable energy credits issued under subsection (d) to 
        any renewable energy generator for renewable energy generated 
        in the calendar year for which credits are being submitted or a 
        previous calendar year and acquired by the retail electric 
        supplier.
            (3) Any combination of Credits under paragraphs (1) and 
        (2).
    (d) Issuance of Credit.--(1) The Secretary shall establish, not 
later than 1 year after the date of enactment of this section, a 
program to issue, monitor the sale or exchange of, and track Renewable 
energy credits.
    (2) Under the program, an entity that generates electric energy 
through the use of a renewable energy resource may apply to the 
Secretary for the issuance of renewable energy credits. The application 
shall indicate--
            (A) the type of renewable energy resource used to produce 
        the electricity,
            (B) the State in which the electric energy was produced, 
        and
            (C) any other information the Secretary determines 
        appropriate.
    (3)(A) The Secretary shall issue to an entity one renewable energy 
credit for each kilowatt-hour of electric energy the entity generates 
through the use of a renewable energy resource in any State in 2001 and 
any succeeding year.
    (B) To be eligible for a renewable energy credit, the unit of a 
electricity generated through the use of a renewable energy resource 
may be sold or may be used by the generator. If both a renewable energy 
resource and a nonrenewable energy resource are used to generate the 
electric energy, the Secretary shall issue credits based on the 
proportion of the renewable energy resource used. The Secretary shall 
identify renewable energy credits by type of generation and by the 
State in which the generating facility is located.
    (4) In order to receive a renewable energy credit, the recipient of 
a renewable energy credit shall pay a fee, calculated by the Secretary, 
in an amount that is equal to the administrative costs of issuing, 
recording, monitoring the sale of exchange of, and tracking the credit 
or does not exceed five percent of the dollar value of the credit, 
whichever is lower. The Secretary shall retain the fee and use it to 
pay these administrative costs.
    (e) Sale or Exchange.--A renewable energy credit may be sold or 
exchanged by the entity to whom issued or by any other entity who 
acquires the credit.
    (f) Enforcement.--
            (1) In general.--The Secretary may bring an action in the 
        appropriate United States district court to impose a civil 
        penalty on a retail electric supplier that does not comply with 
        subsection (a).
            (2) Amount of penalty.--A retail electric supplier who does 
        not submit the required number of renewable energy credits 
        under subsection (a) shall be subject to a civil penalty of not 
more than 3 times the estimated national average market value (as 
determined by the Secretary) for the calendar year concerned of that 
quantity of renewable energy credits.
    (g) Information Collection.--The Secretary may collect the 
information necessary to verify and audit each of the following:
            (1) The annual electric energy generation and renewable 
        energy generation of any entity applying for renewable energy 
        credits under this section.
            (2) The validity of renewable energy credits submitted by a 
        retail electric supplier to the Secretary.
            (3) The quantity of electricity sales of all retail 
        electric suppliers.

SEC. 7. NET METERING.

    (a) Amendment of PURPA.--The Public Utility Regulatory Polices Act 
of 1978 is amended by adding the following new section after section 
214:

``SEC. 215. NET METERING.

    ``(a) Definitions.--For purposes of this section--
            ``(1) The term `eligible on-site generating facility' means 
        a facility on the site of a residential electric consumer with 
        a maximum generating capacity of 100 kilowatts or less that is 
        fueled by solar or wind energy or a facility on the site of a 
        commercial electric consumer with a maximum generating capacity 
        of 250 kilowatts or less that is fueled solely by a renewable 
        energy resource.
            ``(2) The term `renewable energy resource' means solar 
        energy, wind energy, biomass, and fuel cells.
            ``(3) The term `net metering service' means service to an 
        electric consumer under which electricity generated by that 
        consumer from an eligible on-site generating facility and 
        delivered to the distribution system through the same meter 
        through which purchased electricity is received may be used to 
        offset the cost of electricity provided by the retail electric 
        supplier to the electric consumer during the applicable billing 
        period so that an electric consumer is billed only for the net 
        electricity consumed during the billing period, but in no event 
        shall the net be less than zero during any calendar year.
    ``(b) Requirement To Provide Net Metering Service.--Each retail 
electric supplier shall make available upon request net metering 
service to any retail electric consumer that the supplier currently 
serves or solicits for service.
    ``(c) Rates and Charges.--
            ``(1) Identical charges.--A retail electric supplier--
                    ``(A) shall charge the owner or operator of an on-
                site generating facility rates and charges that are 
                identical to those that would be charged other retail 
                electric customers of the electric company in the same 
                rate class; and
                    ``(B) shall not charge the owner or operator of an 
                on-site generating facility any additional standby, 
                capacity, interconnection, or other rate or charge.
            ``(2) Measurement.--A retail electric supplier that 
        supplies electricity to the owner or operator of an on-site 
        generating facility shall measure the quantity of electricity 
        produced by the on-site facility and the quantity of 
        electricity consumed by the owner or operator of an on-site 
        generating facility during a billing period in accordance with 
        normal metering practices.
            ``(3) Electricity supplied exceeding electricity 
        generated.--If the quantity of electricity supplied by a retail 
        electric supplier during a billing period exceeds the quantity 
        of electricity generated by an on-site generating facility and 
        fed back to the electric distribution system during the billing 
        period, the supplier may bill the owner or operator for the net 
        quantity of electricity supplied by the retail electric 
        supplier, in accordance with normal metering practices.
            ``(4) Electricity generated exceeding electricity 
        supplied.--If the quantity of electricity generated by an on-
        site generating facility during a billing period exceeds the 
        quantity of electricity supplied by the retail electric 
        supplier during the billing period--
                    ``(A) the retail electric supplier may bill the 
                owner or operator of the on-site generating facility 
                for the appropriate charges for the billing period in 
                accordance with paragraph (2); and
                    ``(B) the owner or operator of the on-site 
                generating facility shall be credited for the excess 
                kilowatt-hours generated during the billing period, 
                with the kilowatt-hour credit appearing on the bill for 
                the following billing period.
            ``(5) Unused credits.--At the beginning of each calendar 
        year, any unused kilowatt-hour credits accumulated by an owner 
        or operator of an on-site generating facility during the 
        previous calendar year shall expire without compensation to the 
        owner or operator of an on-site generating facility.
    ``(d) Safety and Performance Standards.--(1) An eligible on-site 
generating facility and net metering system used by a retail electric 
consumer shall meet all applicable safety, performance, reliability, 
and interconnection standards established by the National Electrical 
Code, the Institute of Electrical and Electronics Engineers, and 
Underwriters Laboratories.
    ``(2) The Commission, after consultation with State regulatory 
authorities and nonregulated local distribution systems and after 
notice and opportunity for comment, may adopt, by rule, additional 
control and testing requirements for on-site generating facilities and 
net metering systems that the Commission determines are necessary to 
protect public safety and system reliability.
    ``(e) Interconnection Standards.--(1) The Commission shall 
promulgate regulations requiring that the owners or operators of 
eligible on-site generating facilities and net metering systems comply 
with uniform national standards, consistent with this section, for the 
physical connection between such facilities and systems and local 
distribution systems. At the election of the owner or operator of the 
generation facility concerned connections meeting such standards may be 
made--
            ``(A) by such owner or operator at such owner's or 
        operator's expense, or
            ``(B) by the owner or operator of the local distribution 
        system upon the request of the owner or operator of the 
        generating facility and pursuant to an offer by the owner or 
        operator of the generating facility to reimburse the local 
        distribution system in an amount equal to the minimum cost of 
        such connection, consistent with the procurement procedures of 
        the State in which the facility is located.
Such standards shall be consistent with all applicable safety and 
performance standards established by the national electrical code, the 
Institute of Electrical and Electronics Engineers, or Underwriters 
Laboratories and with such additional safety and reliability standards 
as the Commission shall, by rule, prescribe.
    ``(2) The regulations under this section shall establish such 
measures for the safety and reliability of the affected equipment and 
local distribution systems as may be appropriate.
    ``(f) State Authority.--This section does not preclude a State from 
imposing additional requirements consistent with the requirements in 
this section, including the imposition of a cap limiting the amount of 
net metering available in the State. Nothing in this Act or any other 
Federal law preempts or otherwise affects authority under State law to 
require a retail electric supplier to make available net metering 
service to a retail electric consumer which the supplier serves or 
offers to serve.''.
    (c) Table of Contents.--The table of contents for title II of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 and 
following) is amended by adding the following at the end thereof:

        ``Sec. 215. Net metering.''.

SEC. 8. DISCLOSURE REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Emissions data.--The term ``emissions data'' means the 
        type and amount of each pollutant emitted or released by a 
        generation facility in generating electricity.
            (2) Generation data.--The term ``generation data'' means 
        the type of fuel (such as coal, oil, nuclear energy, or solar 
        power) used by a generation facility to generate electricity.
    (b) Disclosure System.--The Secretary shall establish a system of 
disclosure that--
            (1) enables retail consumers to knowledgeably compare 
        retail electric service offerings, including comparisons based 
        on generation source portfolios, emissions data, and price 
        terms; and
            (2) considers such factors as--
                    (A) cost of implementation;
                    (B) confidentiality of information; and
                    (C) flexibility.
    (c) Regulation.--Not later than March 1, 2002, the Secretary, in 
consultation with the Board, and with the assistance of a Federal 
interagency task force that includes representatives of the Commission, 
the Federal Trade Commission, the Food and Drug Administration, and the 
Environmental Protection Agency, shall promulgate a regulation 
prescribing--
            (1) the form, content, and frequency of disclosure of 
        emissions data and generation data of electricity by generation 
        facilities to electricity wholesalers or retail companies and 
        by wholesalers to retail companies;
            (2) the form, content, and frequency of disclosure of 
        emissions data, generation data, and the price of electricity 
        by retail companies to ultimate consumers; and
            (3) the form, content, and frequency of disclosure of 
        emissions data, generation data, and the price of electricity 
        by generation facilities selling directly to ultimate 
        consumers.
    (d) Access to Records.--The Secretary shall have full access to the 
records of all generation facilities, electricity wholesalers, and 
retail companies to obtain any information necessary to administer and 
enforce this section.
    (e) Failure To Disclose.--The failure of a retail company to 
accurately disclose information as required by this section shall be 
treated as a deceptive act in commerce under section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45).
    (f) Regulations.--The Secretary may promulgate such regulations, 
conduct such investigations, and take such other actions as are 
necessary or appropriate to implement and obtain compliance with this 
section and regulations promulgated under this section.
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