[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 964 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 964

To amend the Federal Power Act to provide the Federal Energy Regulatory 
 Commission with authority to order certain refunds of electric rates, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

  Mr. Ose (for himself and Mr. Hunter) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Power Act to provide the Federal Energy Regulatory 
 Commission with authority to order certain refunds of electric rates, 
                        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 ``Electric Refund Fairness Act of 
2003''.

SEC. 2. WHOLESALE RATE REFUND AUTHORITY.

    Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) is 
amended as follows:
            (1) In the second sentence, strike ``shall not be earlier 
        than the date 60 days after the filing of such complaint nor 
        later than 5 months after the expiration of such 60-day 
        period'' and insert ``shall be the date of the filing of such 
        complaint''.
            (2) In the third sentence, strike ``shall not be earlier 
        than the date 60 days after the publication by the Commission 
        of notice of its intention to initiate such proceeding nor 
        later than 5 months after the expiration of such 60-day 
        period'' and insert ``shall be the date of publication by the 
        Commission of notice of its intention to initiate such 
        proceeding''.
            (3) Beginning in the seventh sentence, strike ``through a 
        date fifteen months after such refund effective date'' and all 
        that follows down through ``prior to the conclusion of the 
        proceeding'' and insert ``through the conclusion of the 
        proceeding in excess of those which would have been paid under 
        the just and reasonable rate, charge, classification, rule, 
        regulation, practice or contract which the Commission orders to 
        be thereafter observed and in force''.

SEC. 3. CRIMINAL AND CIVIL PENALTIES.

    (a) Criminal Penalties.--(1) Section 316(a) of the Federal Power 
Act (16 U.S.C. 825o(a)) is amended by striking ``$5,000'' and inserting 
``$1,000,000'', and by striking ``two years'' and inserting ``five 
years'';
    (2) Section 316(b) of the Federal Power Act (16 U.S.C. 825o(b)) is 
amended by striking ``$500'' and inserting ``$25,000''.
    (b) Civil Penalties.--Subsections (a) and (b) of section 316A of 
the Federal Power Act (16 U.S.C. 825o-1) are amended by striking 
``section 211, 212, 213, or 214'' each place it appears and inserting 
``part II''.
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