[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1333 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1333

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 SENATE OF THE UNITED STATES

                             August 2, 2001

 Mr. Jeffords (for himself, Mr. Lieberman, Ms. Snowe, Mr. Schumer, and 
  Mr. Kerry) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 pallet;
                                    (II) crate;
                                    (III) dunnage; and
                                    (IV) landscape or right-of-way tree 
                                trimmings, but not including--
                                            (aa) municipal solid waste;
                                            (bb) recyclable 
                                        postconsumer wastepaper;
                                            (cc) painted, treated, or 
                                        pressurized wood;
                                            (dd) wood contaminated with 
                                        plastic or metals; or
                                            (ee) 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 BENEFITS BOARD.

    (a) Establishment.--The Secretary shall establish a National 
Electric System 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 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 BENEFITS FUND.

    (a) Establishment.--
            (1) In general.--The Board shall establish an account or 
        accounts at 1 or more financial institutions, which account or 
        accounts shall be known as the ``National Electric System 
        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 system benefit programs.--Amounts in the 
        Fund shall be used by the Board to provide matching funds to 
        States for the support of State system benefit programs 
        relating to--
                    (A) renewable energy sources;
                    (B) assisting low-income households in meeting home 
                energy needs;
                    (C) energy conservation and efficiency; or
                    (D) research and development in areas described in 
                subparagraphs (A) through (C).
            (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 system benefit programs under paragraph 
                (1).
                    (B) Fund share.--
                            (i) In general.--Subject to clause (iii), 
                        the Fund share of a system benefit 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 aggregate annual consumption of 
                        electricity in the United States.
                            (iii) Additional state funding.--A State 
                        may apply funds to system benefit 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 system benefits programs funded under 
        this section for approval by the Secretary.
            (4) Application.--Not later than August 1 of each year, 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 system benefit program;
                    (B) stating the amount of State funds earmarked for 
                the program; and
                    (C) summarizing the manner in which amounts from 
                the Fund were used in the State during the previous 
                calendar year.
    (c) Wires Charge.--
            (1) Determination of needed funding.--Not later than 
        September 1 of each year, the Board shall determine and inform 
        the Commission of the aggregate amount of wires charges that it 
        will be required to be paid into the Fund to pay matching funds 
        to States and 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 the amount 
                of electricity carried through the wire in interstate 
                commerce.
                    (B) Measurement.--For the purposes of subparagraph 
                (A)--
                            (i) electricity generated in the United 
                        States shall be measured as the electricity 
                        exits the busbar at a generation facility; and
                            (ii) electricity generated outside the 
                        United States shall be measured at the point of 
                        delivery to the system of the wire operator.
                    (C) Amount of wires charge.--The wires charge shall 
                be set at a rate equal to the lesser of--
                            (i) 2 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).
            (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 benefits manager under section 5.
            (4) State wires charge.--
                    (A) In general.--A State that imposes a wires 
                charge may pay into the Fund some or all of the wires 
                charge imposed under this subsection on behalf of wire 
                operators serving that State.
                    (B) Payment.--Payments by the State into the Fund 
                under subparagraph (A) shall be applied towards the 
                wires charge imposed under this subsection.
            (5) 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 GENERATION STANDARDS.

    (a) Renewable Energy Credits.--
            (1) In general.--Not later than April 1 of each year, each 
        retail electric supplier shall submit to the Secretary 
        renewable energy credits in an amount equal to the required 
        annual percentage of the retail electric supplier's total 
        amount of kilowatt-hours of electricity sold to consumers 
        during the previous calendar year.
            (2) Rate.--The rates charged to each class of consumers by 
        a retail electric supplier shall reflect an equal percentage of 
        the cost of generating or acquiring the required annual 
        percentage of renewable energy under subsection (b).
            (3) Eligible resources.--A retail electric supplier shall 
        not represent to any customer or prospective customer that any 
        product contains more than the percentage of eligible resources 
        if the additional amount of eligible resources is being used to 
        satisfy the renewable generation requirement under subsection 
        (b).
            (4) State renewable energy program.--
                    (A) In general.--Nothing in this section precludes 
                any State from requiring additional renewable energy 
                generation in the State under any renewable energy 
                program conducted by the State.
                    (B) Limitation.--A State may limit the benefits of 
                any State renewable energy program to renewable energy 
                generators located within the boundaries of the State 
                or other boundaries (as 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 
percentage specified in the following table:

Calendar year:                                    Percentage reduction:
    2002..........................................                  2.5
    2003..........................................                    3
    2004..........................................                    4
    2005..........................................                    5
    2006..........................................                    6
    2007..........................................                    7
    2008..........................................                    8
    2009..........................................                    9
    2010..........................................                   10
    2011..........................................                   11
    2012..........................................                   12
    2013..........................................                   13
    2014..........................................                   14
    2015..........................................                   15
    2016..........................................                   16
    2017..........................................                   17
    2018..........................................                   18
    2019..........................................                   19
    2020 and thereafter...........................                  20.
    (c) Submission of Renewable Energy Credits.--To meet the 
requirements under subsection (a)(1), a retail electric supplier may 
submit to the Secretary--
            (1) renewable energy credits issued under subsection (d) 
        for renewable energy generated by the retail electric supplier 
        during the calendar year for which renewable energy credits are 
        being submitted or any previous calendar year; or
            (2) renewable energy credits--
                    (A) issued under subsection (d) to any renewable 
                energy generator for renewable energy generated during 
                the calendar year for which renewable energy credits 
                are being submitted or a previous calendar year; and
                    (B) acquired by the retail electric supplier under 
                subsection (e).
    (d) Issuance of Renewable Energy Credits.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall establish a program 
        to issue, monitor the sale or exchange of, and track renewable 
        energy credits.
            (2) Application.--
                    (A) In general.--Under the program established 
                under paragraph (1), 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.
                    (B) Requirements.--An application under 
                subparagraph (A) shall identify--
                            (i) the type of renewable energy resource 
                        used to produce the electric energy;
                            (ii) the State in which the electric energy 
                        was produced; and
                            (iii) any other information that the 
                        Secretary determines appropriate.
            (3) Number of renewable energy resource credits.--
                    (A) In general.--The Secretary shall issue to an 
                entity 1 renewable energy credit for each kilowatt-hour 
                of electric energy that the entity generates through 
                the use of a renewable energy resource in any State in 
                calendar year 2001 and each year thereafter.
                    (B) Partial credit.--If both a renewable energy 
                resource and a nonrenewable energy resource are used to 
                generate the electric energy, the Secretary shall issue 
                renewable energy credits based on the proportion of the 
                renewable energy resource used.
            (4) Eligibility.--To be eligible for a renewable energy 
        credit under this subsection, the unit of electricity generated 
        through the use of a renewable energy resource shall be sold or 
        used by the generator.
            (5) Identification of renewable energy credits.--The 
        Secretary shall identify renewable energy credits by--
                    (A) the type of generation; and
                    (B) the State in which the generating facility is 
                located.
            (6) Fee.--
                    (A) In general.--To receive a renewable energy 
                credit, the entity shall pay a fee, calculated by the 
                Secretary, in an amount that is equal to the lesser 
                of--
                            (i) the administrative costs of issuing, 
                        recording, monitoring the sale of exchange of, 
                        and tracking the renewable energy credit; or
                            (ii) 5 percent of the national average 
                        market value (as determined by the Secretary) 
                        of that quantity of renewable energy credits.
                    (B) Use.--The Secretary shall use the fee to pay 
                the administrative costs described in subparagraph 
                (A)(i).
    (e) Sale or Exchange.--A renewable energy credit may be sold or 
exchanged by the entity issued the renewable energy credit or by any 
other entity that acquires the renewable energy credit.
    (f) Verification.--The Secretary may collect the information 
necessary to verify and audit--
            (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; and
            (3) the amount of electricity sales of all retail electric 
        suppliers.
    (g) Enforcement.--
            (1) In general.--The Secretary may bring an action in 
        United States district court to impose a civil penalty on a 
        retail electric supplier that fails to comply with subsection 
        (a).
            (2) Amount of penalty.--A retail electric supplier that 
        fails to 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) of that quantity of renewable 
        energy credits for the calendar year concerned.

SEC. 7. NET METERING.

    (a) Definitions.--In this section:
            (1) Customer-generator.--The term ``customer-generator'' 
        means a retail electric customer that generates electricity 
        measured by a net metering system.
            (2) Electric company.--
                    (A) In general.--The term ``electric company'' 
                means a company that is engaged in the business of 
                distributing electricity to retail electric customers.
                    (B) Inclusions.--The term ``electric company'' 
                includes an investor-owned utility, public utility 
                district, irrigation district, port district, electric 
                cooperative, or municipal electric utility.
            (3) Net metering.--The term ``net metering'' means the 
        measuring of the difference between--
                    (A) the quantity of electricity supplied by an 
                electric company to a customer-generator during a 
                billing period; and
                    (B) the quantity of electricity generated by a 
                customer-generator and fed back to the electric company 
                by a net metering system during the billing period.
            (4) Net metering system.--The term ``net metering system'' 
        means a facility for generation of electricity that--
                    (A) is of not more than 100 kilowatts capacity;
                    (B) is interconnected and operates in parallel with 
                the transmission and distribution system of an electric 
                company;
                    (C) is intended primarily to offset some or all of 
                the electricity requirements of a customer-generator;
                    (D) is located on the premises of a customer-
                generator; and
                    (E) employs a renewable energy source.
    (b) Requirement To Allow Net Metering.--An electric company shall 
allow a retail electric customer to interconnect and employ a net 
metering system using--
            (1) a kilowatt-hour meter capable of registering the flow 
        of electricity in 2 directions; or
            (2) another type of comparably equipped meter that would 
        otherwise be applicable to the customer's usage but for the use 
        of net metering.
    (c) Net Metering Accounting.--
            (1) In general.--Electric energy measurements for a net 
        metering system shall be calculated in accordance with this 
        subsection.
            (2) Rates and charges.--An electric company--
                    (A) shall charge a customer-generator 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 a customer-generator any 
                additional standby, capacity, interconnection, or other 
                rate or charge.
            (3) Measurement.--An electric company that supplies 
        electricity to a customer-generator shall measure the quantity 
        of electricity produced by the customer-generator and the 
        quantity of electricity consumed by the customer-generator 
        during a billing period in accordance with normal metering 
        practices.
            (4) Electricity supplied exceeding electricity generated.--
        If the quantity of electricity supplied by an electric company 
        during a billing period exceeds the quantity of electricity 
        generated by the customer-generator and fed back to the 
        electric distribution system during the billing period, the 
        electric company may bill the customer-generator for the net 
        quantity of electricity supplied by the electric company, in 
        accordance with normal metering practices.
            (5) Electricity generated exceeding electricity supplied.--
        If the quantity of electricity generated by a customer-
        generator during a billing period exceeds the quantity of 
        electricity supplied by the electric company during the billing 
        period--
                    (A) the electric company may bill the customer-
                generator for the appropriate charges for the billing 
                period in accordance with paragraph (1); and
                    (B) the customer-generator 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.
            (6) Unused credits.--At the beginning of each calendar 
        year, any unused kilowatt-hour credits accumulated by a 
        customer-generator during the previous calendar year shall 
        expire without compensation to the customer-generator.
    (d) Safety.--
            (1) Requirements.--
                    (A) Interim provision.--A net metering system using 
                photovoltaic generation shall conform to applicable 
                electrical safety, power quality, and interconnection 
                requirements established by the National Electrical 
                Code, the Institute of Electrical and Electronic 
                Engineers, and Underwriters Laboratories.
                    (B) Regulation.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                adopt electrical safety, power quality, and 
                interconnection requirements for net metering systems 
                that use generation technology other than photovoltaic 
                technology.
            (2) Testing and inspection.--An electric company may, at 
        its own expense, and upon reasonable written notice to a 
        customer-generator, perform such testing and inspection of a 
        net metering system as is necessary to demonstrate to the 
        satisfaction of the electric company that the system conforms 
        to applicable electric safety, power quality, and 
        interconnection requirements.
            (3) Additional meters.--An electric company may, at its own 
        expense and with the written consent of a customer-generator, 
        install 1 or more additional meters to monitor the flow of 
        electricity in each direction.

SEC. 9. 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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