115 HR 1109 RS: To amend section 203 of the Federal Power Act. U.S. House of Representatives 2017-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 420115th CONGRESS2d SessionH. R. 1109[Report No. 115–253]IN THE SENATE OF THE UNITED STATESJune 13, 2017 Received; read twice and referred to the Committee on Energy and Natural ResourcesMay 21, 2018Reported by Ms. Murkowski, with an amendmentStrike out all after the enacting clause and insert the part printed in italicAN ACTTo amend section 203 of the Federal Power Act.

1.

Clarification of facility merger authorization

Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C. 824b(a)(1)(B)) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000.

2.

Notification for certain transactions

Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) is amended by adding at the end the following new paragraph: (7)(A)Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i)such facilities, or any part thereof, are of a value in excess of $1,000,000; and (ii)such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B)In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information..

3.

Effective date

The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

1.

Clarification of facility merger authorization

Section 203(a)(1) of the Federal Power Act (16 U.S.C. 824b(a)(1)) is amended by striking subparagraph (B) and inserting the following: (B)merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with the facilities of any other person, or any part thereof, that are subject to the jurisdiction of the Commission and have a value in excess of $10,000,000, by any means whatsoever;.

2.

Notification for certain transactions

Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) is amended by adding at the end the following new paragraph: (7)(A)Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i)the facilities, or any part thereof, to be acquired are of a value in excess of $1,000,000; and (ii)such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B)In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information..

3.

Effective date

The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

4.

Federal Energy Regulatory Commission report

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to Congress a report that assesses the effects of the amendment made by section 1. (b)

Requirements

In preparing the report under subsection (a), the Federal Energy Regulatory Commission shall— (1)take into account any information collected under paragraph (7) of section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) (as added by section 2); and (2)provide for public notice and comment with respect to the report.

May 21, 2018Reported with an amendment