[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3952 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3952

 To establish an Office of Consumer Advocacy within the Department of 
 Justice to represent the consumers of electricity and natural gas in 
  proceeding before the Federal Energy Regulatory Commission, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2002

 Mr. DeFazio introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish an Office of Consumer Advocacy within the Department of 
 Justice to represent the consumers of electricity and natural gas in 
  proceeding before the Federal Energy Regulatory Commission, 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. FEDERAL ENERGY REGULATORY COMMISSION OFFICE OF CONSUMER 
              ADVOCACY.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Natural gas company.--The term ``natural gas company'' 
        has the meaning given that term in section 2 of the Natural Gas 
        Act (15 U.S.C. 717a), as modified by section 601(a) of the 
        natural Gas Policy Act of 1978 (15 U.S.C. 3431a).
            (3) Office.--The term ``Office'' means the Office of 
        Consumer Advocacy established by subsection (b)(1).
            (4) Public utility.--The term ``public utility'' means 
        public utility as defined in section 201(e) of the Federal 
        Power Act.
            (4) Consumers.--The term `consumers of electricity or 
        natural gas' means only--
                    (A) residential consumers of electricity or natural 
                gas,
                    (B) commercial consumers of electricity having a 
                peak electric demand of not more than 1,000 kilowatts; 
                and
                    (C) commercial consumers of natural gas having a 
                peak demand of not more than 150 million cubic feet.
    (b) Office.--
            (1) Establishment.--There is established within the 
        Department of Justice an Office of Consumer Advocacy.
            (2) Director.--The Office shall be headed by a Director to 
        be appointed by the President, by and with the advice and 
        consent of the Senate.
            (3) Duties.--The Office may--
                    (A) represent, and appeal on behalf of, consumers 
                of electricity or natural gas provided (directly or 
                indirectly) by public utilities, or natural gas 
                companies, under the jurisdiction of the Commission--
                            (i) at hearings of the Commission;
                            (ii) in judicial proceedings in the courts 
                        of the United States; and
                            (iii) at hearings or proceedings of other 
                        Federal regulatory agencies and commissions;
                    (B) investigate independently, or within the 
                context of formal proceedings before the Commission, 
                the services provided by, the rates charged by, and the 
                valuation of the properties of, public utilities, and 
                natural gas companies, under the jurisdiction of the 
                Commission;
                    (C) develop means, such as public dissemination of 
                information, consultative services, and technical 
                assistance, to ensure, to the maximum extent 
                practicable, that the interests of consumers of 
                electricity or natural gas provided by public 
                utilities, or natural gas companies, under the 
                jurisdiction of the Commission are adequately 
                represented in the course of any hearing or proceeding 
                described in subparagraph (A); and
                    (D) petition the Federal Trade Commission or 
                regional transmission organizations to take actions to 
                protect the interests of consumers of electricity or 
                natural gas provided (directly or indirectly), by 
                public utilities, or natural gas companies, within the 
                respective jurisdictions of the Federal Trade 
                Commission or regional transmission organizations; and
                    (E) propose legislation on matters relating to the 
                Commission, evaluate the impact of legislation on such 
                matters on consumers of electricity or natural gas, and 
                testify before Congress concerning legislation on such 
                matters.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for each fiscal year beginning after the 
enactment of this Act to carry out this section.
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