[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4860 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4860

To amend the Public Utility Regulatory Policies Act of 1978 to provide 
    electric consumers the right to access certain electric energy 
                              information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2010

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

_______________________________________________________________________

                                 A BILL


 
To amend the Public Utility Regulatory Policies Act of 1978 to provide 
    electric consumers the right to access certain electric energy 
                              information.

    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 Consumer Right to Know 
Act'' or the ``e-KNOW Act''.

SEC. 2. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION.

    (a) Electric Consumer Right of Access.--Title II of the Public 
Utility Regulatory Policies Act of 1978 is amended by adding after 
section 214 the following new section:

``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY 
              INFORMATION.

    ``(a) Electric Consumer Right to Electric Energy Information.--
            ``(1) In general.--Each electric consumer in the United 
        States shall have the right to access (and to authorize 1 or 
        more third parties to access) the retail electric energy 
        information of such electric consumer in electronic machine-
        readable form, in conformity with nationally recognized open 
        standards, free of charge, and in a manner that is timely and 
        convenient and that provides adequate protections for the 
        security of such information and the privacy of such electric 
        consumer.
            ``(2) Definitions.--For purposes of this section:
                    ``(A) Retail electric energy information.--The term 
                `retail electric energy information' means the 
                following:
                            ``(i) Usage information.--An electric 
                        consumer's electric energy consumption over a 
                        defined time period, including information on 
                        consumption during not less than the 24 months 
                        prior to the date of access of such information 
                        by such electric consumer.
                            ``(ii)  Pricing information.--Time-based 
                        retail electric energy prices applied to the 
                        electric consumer.
                    ``(B) Smart meter.--The term `smart meter' means a 
                meter installed by the electric utility that delivers 
                electric energy to an electric consumer at the home or 
                facility of such electric consumer that measures 
                electric energy usage and is capable of communicating 
                electric energy usage information by means of an 
                electronic machine-readable signal in real time or near 
                real time.
            ``(3) Timeliness and granularity.--The right to access 
        retail electric energy information under paragraph (1) 
        includes, at a minimum, the right to access retail electric 
        energy information--
                    ``(A)(i) in real time or near real time, for 
                electric consumers served by a smart meter; and
                    ``(ii) as expeditiously after the time of 
                collection as reasonably feasible for electric 
                consumers not served by a smart meter; and
                    ``(B) except as otherwise provided in paragraph 
                (4), data at intervals--
                            ``(i) not greater than 15 minutes for 
                        electric consumers served by a smart meter; and
                            ``(ii) not less frequent than the intervals 
                        at which such data is collected by the electric 
                        utility providing retail service, for electric 
                        consumers not served by a smart meter.
            ``(4) Retention.--The data interval requirements in 
        paragraph (3)(B) shall not apply to usage data after a period 
        of 24 months from the date such data is recorded.
    ``(b) Guidelines for Electric Consumer Access.--Not later than 180 
days after the date of the enactment of this section, the Commission 
shall, after consultation with State regulatory authorities, the 
Secretary of Energy, and other appropriate Federal agencies, and after 
notice and opportunity for comment, issue guidelines identifying 
minimum national standards for implementation of the electric consumer 
right to access retail electric energy information under subsection 
(a)(1). In formulating such guidelines, the Commission shall, to the 
extent practicable, preserve the integrity of and be guided by actions 
already taken by State regulatory authorities to ensure electric 
consumer access to retail electric energy information, including 
actions taken after consideration of the standard under section 
111(d)(17). Such guidelines shall provide guidance on issues including 
the timeliness and granularity of retail electric energy information, 
appropriate nationally recognized open standards for data, and 
protection of data security and electric consumer privacy. The 
Commission shall periodically review and, as necessary revise, such 
guidelines to reflect changes in technology and the market for electric 
energy and services.
    ``(c) Enforcement.--
            ``(1) Effective date.--This subsection shall be effective 
        on the date that is 1 year after the date the guidelines under 
        subsection (b) are issued.
            ``(2) Enforcement by state attorneys general.--If the 
        attorney general of a State, or another official or agency of a 
        State with competent authority under State law, has reason to 
        believe that any electric utility that delivers electric energy 
        at retail in the relevant State is not complying with the 
        minimum standards identified by the guidelines issued under 
        subsection (b), the attorney general, official, or agency of 
        the State, as parens patriae, may bring a civil action against 
        such electric utility, on behalf of the electric consumers 
        receiving retail service from such electric utility, in a 
        district court of the United States of appropriate 
        jurisdiction, to compel compliance with such standards.
            ``(3) Electric consumer enforcement.--Provided no civil 
        action has been brought under paragraph (2), any electric 
        consumer may bring a civil action against the electric utility 
        providing retail electric service to such electric consumer, in 
        a district court of the United States of appropriate 
        jurisdiction, to compel compliance with the minimum standards 
        identified by the guidelines issued under subsection (b).
            ``(4) Costs and fees.--In any civil action under paragraph 
        (2) or (3), if the party bringing the action is successful in 
        enforcing the standards identified by the guidelines issued 
        under subsection (b), the court may award to such party the 
        costs of the action together with reasonable attorney's fees, 
        as determined by the court.
            ``(5) Safe harbor.--No civil action may be brought against 
        an electric utility under paragraph (2) or paragraph (3) if the 
        Commission has, within the most recent 2 years, determined that 
        such electric utility, or the State regulatory authority that 
        regulates such electric utility, has adopted and implemented 
        policies, requirements, and measures, as necessary, that comply 
        with the standards identified by the guidelines issued under 
        subsection (b). The Commission shall establish procedures to 
        review the policies, requirements, and measures of State 
        regulatory authorities and electric utilities to assess, and 
        issue determinations with regard to, compliance with such 
        standards.''.
    (b) Conforming Amendment.--The table of contents for the Public 
Utility Regulatory Policies Act of 1978 is amended by adding after the 
item relating to section 214 the following new item:

``Sec. 215. Electric consumer right to access electric energy 
                            information.''.
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