[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1240 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1240

    To amend the Federal Power Act to establish an Office of Public 
                  Participation and Consumer Advocacy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2017

  Mrs. Shaheen (for herself, Mr. Franken, Ms. Warren, Ms. Hassan, Mr. 
 Wyden, and Mr. Warner) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Power Act to establish an Office of Public 
                  Participation and Consumer Advocacy.

    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 ``Public Engagement at FERC Act''.

SEC. 2. OFFICE OF PUBLIC PARTICIPATION AND CONSUMER ADVOCACY.

    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended 
to read as follows:

``SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CONSUMER ADVOCACY.

    ``(a) Definitions.--In this section:
            ``(1) Advisory committee.--The term `Advisory Committee' 
        means the Public and Consumer Advocacy Advisory Committee 
        established under subsection (f)(1).
            ``(2) Energy customer.--The term `energy customer' means a 
        residential customer or a small commercial customer that 
        receives products or services from--
                    ``(A) a public utility or natural gas company under 
                the jurisdiction of the Commission; or
                    ``(B) an electric cooperative (as defined in 
                section 3 of the Federal Power Act (16 U.S.C. 796)).
            ``(3) Natural gas company.--The term `natural gas company' 
        has the meaning given the term `natural-gas company' in section 
        2 of the Natural Gas Act (15 U.S.C. 717a), as modified by 
        section 601(a)(1)(C) of the Natural Gas Policy Act of 1978 (15 
        U.S.C. 3431(a)(1)(C)).
            ``(4) Office.--The term `Office' means the Office of Public 
        Participation and Consumer Advocacy established by subsection 
        (b).
            ``(5) Public utility.--The term `public utility' has the 
        meaning given the term in section 201(e).
    ``(b) Establishment.--There is established within the Commission an 
office, to be known as the `Office of Public Participation and Consumer 
Advocacy'.
    ``(c) Director.--
            ``(1) In general.--The Office shall be headed by a 
        Director, to be appointed by the President by and with the 
        advice and consent of the Senate from among individuals who--
                    ``(A) are licensed attorneys admitted to the bar 
                of--
                            ``(i) any State; or
                            ``(ii) the District of Columbia; and
                    ``(B) have experience relating to public utility 
                proceedings.
            ``(2) Duties.--The Director shall coordinate assistance 
        made available to--
                    ``(A) the public, with respect to authorities 
                exercised by the Commission; and
                    ``(B) individuals and entities intervening or 
                participating, or proposing to intervene or 
                participate, in proceedings before the Commission.
            ``(3) Compensation and powers.--
                    ``(A) Compensation.--The Director shall be 
                compensated at a rate equal to the daily equivalent of 
                the annual rate of basic pay prescribed for level IV of 
                the Executive Schedule under section 5315 of title 5, 
                United States Code.
                    ``(B) Powers.--The Director may--
                            ``(i) employ at the Office--
                                    ``(I) not more than 125 full-time 
                                professional employees at appropriate 
                                levels of the General Schedule; and
                                    ``(II) such additional support 
                                personnel as the Director determines to 
                                be necessary; and
                            ``(ii) procure for the Office such 
                        temporary and intermittent services as the 
                        Director determines to be necessary.
    ``(d) Powers of Office.--The Office may--
            ``(1) intervene, appear, and participate, in accordance 
        with this section, in administrative, regulatory, or judicial 
        proceedings on behalf of energy customers with respect to any 
        matter concerning the rates, charges, prices, tariffs, or 
        service of public utilities and natural gas companies, or 
        natural gas siting and infrastructure development, under the 
        jurisdiction of the Commission by representing the interests of 
        the energy customers--
                    ``(A) on any matter before the Commission 
                concerning rates or service of such a public utility or 
                natural gas company; or
                    ``(B) as amicus curiae in--
                            ``(i) a review in any United States court 
                        of a ruling by the Commission in such a matter; 
                        or
                            ``(ii) a hearing or proceeding in any other 
                        Federal regulatory agency or commission 
                        relating to such a matter;
            ``(2) support public participation in the siting and 
        permitting of natural gas storage and distribution 
        infrastructure under the jurisdiction of the Commission;
            ``(3) monitor and review energy customer complaints and 
        grievances on matters concerning rates or service of public 
        utilities and natural gas companies under the jurisdiction of 
        the Commission;
            ``(4) investigate independently, or within the context of a 
        formal proceeding, 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;
            ``(5) employ means, such as public dissemination of 
        information, consultative services, and technical assistance, 
        to ensure, to the maximum extent practicable, that the 
        interests of energy customers are adequately represented in the 
        course of any hearing or proceeding described in paragraph (1);
            ``(6) collect data concerning rates or service of public 
        utilities and natural gas companies under the jurisdiction of 
        the Commission;
            ``(7) prepare and issue reports and recommendations; and
            ``(8) take such other actions as the Director of the Office 
        determines to be necessary to ensure just and reasonable rates 
        for energy customers.
    ``(e) Information From Federal Departments and Agencies.--
            ``(1) In general.--The Director of the Office may secure 
        directly from a Federal department or agency such information 
        as the Director considers to be necessary to carry out this 
        section.
            ``(2) Provision of information.--On request of the Director 
        under paragraph (1), the head of a Federal department or agency 
        shall provide the information to the Office, to the extent 
        practicable and authorized by law.
    ``(f) Public and Consumer Advocacy Advisory Committee.--
            ``(1) Establishment.--The Director of the Office shall 
        establish an advisory committee, to be known as the `Public and 
        Consumer Advocacy Advisory Committee'--
                    ``(A) to review rates, services, and disputes; and
                    ``(B) to make recommendations to the Director.
            ``(2) Composition.--The Advisory Committee shall--
                    ``(A) be composed of such members as the Director 
                determines to be appropriate; but
                    ``(B) include not fewer than--
                            ``(i) 2 individuals representing State 
                        utility consumer advocates; and
                            ``(ii) 1 individual representing a 
                        nongovernmental organization that represents 
                        consumers.
            ``(3) Meetings.--The Advisory Committee shall meet at such 
        frequency as is required to carry out the duties of the 
        Advisory Committee.
            ``(4) Reports.--The Director shall publish the 
        recommendations of the Advisory Committee on the public 
        Internet website established for the Office.
            ``(5) Duration.--Notwithstanding any other provision of 
        law, the Advisory Committee shall continue in operation during 
        the period for which the Office exists.
            ``(6) Application of faca.--Except as otherwise 
        specifically provided, the Advisory Committee shall be subject 
        to the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(g) Reports and Guidance.--As the Director of the Office 
determines to be appropriate, the Office shall issue to the Commission 
and entities subject to regulation by the Commission reports and 
guidance--
            ``(1) regarding market practices;
            ``(2) proposing improvements in Commission monitoring of 
        market practices; and
            ``(3) addressing potential improvements to industry and 
        Commission practices.
    ``(h) Outreach.--The Office shall promote, through outreach, 
publications, and, as appropriate, direct communication with entities 
regulated by the Commission--
            ``(1) improved compliance with Commission rules and orders; 
        and
            ``(2) public participation in the siting and permitting of 
        natural gas storage and distribution infrastructure under the 
        jurisdiction of the Commission.
    ``(i) Compensation to Eligible Recipients for Intervention or 
Participation.--
            ``(1) Definition of eligible recipient.--In this 
        subsection, the term `eligible recipient' means an individual 
        or entity--
                    ``(A) that intervenes or participates in any 
                proceeding before the Commission;
                    ``(B) the intervention or participation of which 
                substantially contributed to the approval, in whole or 
                in part, of a position advocated by the individual or 
                entity in the proceeding; and
                    ``(C) that is--
                            ``(i) an individual;
                            ``(ii) an energy customer; or
                            ``(iii) a representative of the interests 
                        of energy customers.
            ``(2) Compensation.--Subject to paragraph (3), the 
        Commission, in accordance with regulations promulgated by the 
        Commission, may provide to any eligible recipient compensation 
        for reasonable attorney fees, expert witness fees, and other 
        costs of intervening or participating in the applicable 
        proceeding before the Commission.
            ``(3) Requirement.--The Commission may only provide 
        compensation under paragraph (2) if the Commission determines 
        that--
                    ``(A) the applicable proceeding is significant;
                    ``(B) the compensation is approved by the Advisory 
                Committee; and
                    ``(C) the intervention or participation by the 
                eligible recipient in the proceeding without receipt of 
                compensation constitutes a significant financial 
                hardship to the eligible recipient.
    ``(j) Savings Clause.--Nothing in this section restricts or 
otherwise affects--
            ``(1) any right or obligation of an intervenor, 
        participant, State utility consumer advocate, energy customer, 
        or group of energy customers under any other applicable 
        provision of law (including regulations); or
            ``(2) the work of Commission trial staff in representing 
        the public interest and pursuing appropriate resolutions in 
        contested matters before the Commission.
    ``(k) Funding.--Of the amounts received by the Commission for 
fiscal year 2017 and each fiscal year thereafter as a result of any fee 
imposed by the Commission, the Commission shall use such sums as are 
necessary to establish and provide for the operation of the Office 
under this section.''.
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