[Congressional Record Volume 148, Number 29 (Thursday, March 14, 2002)]
[Senate]
[Pages S1941-S1952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3012. Mr. THOMAS (for himself, Mr. Campbell, Mr. Shelby, Mr. 
Crapo, and Mr. Smith of Oregon) proposed an amendment to amendment SA 
2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill 
(S. 517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 21, strike line 16 and all that follows through 
     page 23, line 24 and insert the following:
       ``Part II of the Federal Power Act (16 U.S.C. 824 et seq.) 
     is amended by inserting the following after section 215 as 
     added by this Act:

     ``SEC. 216. ELECTRIC RELIABILITY.

       ``(a) Definitions.--For purposes of this section--
       ``(1) `bulk-power system' means the network of 
     interconnected transmission facilities and generating 
     facilities;
       ``(2) `electric reliability organization' means a self-
     regulating organization certified by the Commission under 
     subsection (c) whose purpose is to promote the reliability of 
     the bulk power system; and
       ``(3) `reliability standard' means a requirement to provide 
     for reliable operation of the bulk power system approved by 
     the Commission under this section.
       ``(b) Jurisdiction and Applicability.--The Commission shall 
     have jurisdiction, within the United States, over an electric 
     reliability organization, any regional entities, and all 
     users, owners and operators of the bulk power system, 
     including but not limited to the entities described in 
     section 201(f), for purposes of approving reliability 
     standards and enforcing compliance with this section. All 
     users, owners and operators of the bulk-power system shall 
     comply with reliability standards that take effect under this 
     section.
       ``(c) Certification.--
       ``(1) The Commission shall issue a final rule to implement 
     the requirements of this section not later than 180 days 
     after the date of enactment of this section.
       ``(2) Following the issuance of a Commission rule under 
     paragraph (1), any person may submit an application to the 
     Commission for certification as an electric reliability 
     organization. The Commission may certify an applicant if the 
     Commission determines that the applicant--
       ``(A) has the ability to develop, and enforce reliability 
     standards that provide for an adequate level of reliability 
     of the bulk-power system;
       ``(B) has established rules that--
       ``(i) assure its independence of the users and owners and 
     operators of the bulk power system; while assuring fair 
     stakeholder representation in the selection of its directors 
     and balanced decision-making in any committee or subordinate 
     organizational structure;
       ``(ii) allocate equitably dues, fees, and other charges 
     among end users for all activities under this section;
       ``(iii) provide fair and impartial procedures for 
     enforcement of reliability standards through imposition of 
     penalties (including limitations on activities, functions, or 
     operations, or other appropriate sanctions); and
       ``(iv) provide for reasonable notice and opportunity for 
     public comment, due process, openness, and balance of 
     interests in developing reliability standards and otherwise 
     exercising its duties.
       ``(3) If the Commission receives two or more timely 
     applications that satisfy the requirements of this 
     subsection, the Commission shall approve only the application 
     it concludes will best implement the provisions of this 
     section.

[[Page S1942]]

       ``(d) Reliability Standards.--
       ``(1) An electric reliability organization shall file a 
     proposed reliability standard or modification to a 
     reliability standard with the Commission.
       ``(2) The Commission may approve a proposed reliability 
     standard or modification to a reliability standard if it 
     determines that the standard is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest. 
     The Commission shall give due weight to the technical 
     expertise of the electric reliability organization with 
     respect to the content of a proposed standard or modification 
     to a reliability standard, but shall not defer with respect 
     to its effect on competition.
       ``(3) The electric reliability organization and the 
     Commission shall rebuttably presume that a proposal from a 
     regional entity organized on an interconnection-wide basis 
     for a reliability standard or modification to a reliability 
     standard to be applicable on an Interconnection-wide basis is 
     just, reasonable, and not unduly discriminatory or 
     preferential, and in the public interest.
       ``(4) The Commission shall remand to the electric 
     reliability organization for further consideration a proposed 
     reliability standard or a modification to a reliability 
     standard that the Commission disapproves in whole or in part.
       ``(5) The Commission, upon its own motion or upon 
     complaint, may order an electric reliability organization to 
     submit to the Commission a proposed reliability standard or a 
     modification to a reliability standard that addresses a 
     specific matter if the Commission considers such a new or 
     modified reliability standard appropriate to carry out this 
     section.
       ``(e) Enforcement.--
       ``(1) An electric reliability organization may impose a 
     penalty on a user or operator of the bulk power system if the 
     electric reliability organization, after notice and an 
     opportunity for a hearing--
       ``(A) finds that the user or owner or operator of the bulk 
     power system has violated a reliability standard approved by 
     the Commission under subsection (d); and
       ``(B) files notice with the Commission, which shall affirm, 
     set aside or modify the action.
       ``(2) On its own motion or upon complaint, the Commission 
     may order compliance with a reliability standard and may 
     impose a penalty against a user or owner or operator of the 
     bulk power system, if the Commission finds, after notice and 
     opportunity for a hearing, that the user or owner or operator 
     of the bulk power system has violated or threatens to violate 
     a reliability standard.
       ``(3) The Commission shall establish regulations 
     authorizing the electric reliability organization to enter 
     into an agreement to delegate authority to a regional entity 
     for the purpose of proposing and enforcing reliability 
     standards (including related activities) if the regional 
     entity satisfies the provisions of subsection (c)(2)(A) and 
     (B) and the agreement promotes effective and efficient 
     administration of bulk power system reliability, and may 
     modify such delegation. The electric reliability organization 
     and the Commission shall rebuttably presume that a proposal 
     for delegation to a regional entity organized on an 
     interconnection-wide basis promotes effective and efficient 
     administration of bulk power system reliability and should be 
     approved. Such regulation may provide that the Commission may 
     assign the electric reliability organization's authority to 
     enforce reliability standards directly to a regional entity 
     consistent with the requirements of this paragraph.
       ``(4) The Commission may take such action as is necessary 
     or appropriate against the electric reliability organization 
     or a regional entity to ensure compliance with a reliability 
     standard or any Commission order affecting the electric 
     reliability organization or a regional entity.
       ``(f) Changes in Electricity Reliability Organization 
     Rules.--An electric reliability organization shall file with 
     the Commission for approval any proposed rule or proposed 
     rule change, accompanied by an explanation of its basis and 
     purpose. The Commission, upon its own motion or complaint, 
     may propose a change to the rules of the electric reliability 
     organization. A proposed rule or proposed rule change shall 
     take effect upon a finding by the Commission, after notice 
     and opportunity for comment, that the change is just, 
     reasonable, not unduly discriminatory or preferential, is in 
     the public interest, and satisfies the requirements of 
     subsection (c)(2).
       ``(g) Coordination With Canada and Mexico.--
       ``(1) The electric reliability organization shall take all 
     appropriate steps to gain recognition in Canada and Mexico.
       ``(2) The President shall use his best efforts to enter 
     into international agreements with the governments of Canada 
     and Mexico to provide for effective compliance with 
     reliability standards and the effectiveness of the electric 
     reliability organization in the United States and Canada or 
     Mexico.
       ``(h) Reliability Reports.--The electric reliability 
     organization shall conduct periodic assessments of the 
     reliability and adequacy of the interconnected bulk-power 
     system in North America.
       ``(i) Savings Provisions.--
       ``(1) The electric reliability organization shall have 
     authority to develop and enforce compliance with standards 
     for the reliable operation of only the bulk-power system.
       ``(2) This section does not provide the electric 
     reliability organization or the Commission with the authority 
     to order the construction of additional generation or 
     transmission capacity or to set and enforce compliance with 
     standards for adequacy or safety of electric facilities or 
     services.
       ``(3) Nothing in this section shall be construed to preempt 
     any authority of any State to take action to ensure the 
     safety, adequacy, and reliability of electric service within 
     that State, as long as such action is not inconsistent with 
     any reliability standard.
       ``(4) Within 90 days of the application of the electric 
     reliability organization or other affected party, and after 
     notice and opportunity for comment, the Commission shall 
     issue a final order determining whether a state action is 
     inconsistent with a reliability standard, taking into 
     consideration any recommendations of the electric reliability 
     organization.
       ``(5) The Commission, after consultation with the electric 
     reliability organization, may stay the effectiveness of any 
     state action, pending the Commission's issuance of a final 
     order.
       ``(j) Application of Antitrust Laws.--
       ``(1) In general.--To the extent undertaken to develop, 
     implement, or enforce a reliability standard, each of the 
     following activities shall not, in any action under the 
     antitrust laws, be deemed illegal per se:
       ``(A) activities undertaken by an electric reliability 
     organization under this section, and
       ``(B) activities of a user or owner or operator of the bulk 
     power system undertaken in good faith under the rules of an 
     electric reliability organization.
       ``(2) Rule of reason.--In any action under the antitrust 
     laws, an activity described in paragraph (1) shall be judged 
     on the basis of its reasonableness, taking into account all 
     relevant factors affecting competition and reliability.
       ``(3) Definition.--For purposes of this subsection, 
     `antitrust laws' has the meaning given the term in subsection 
     (a) of the first section of the Clayton Act (15 U.S.C. 
     12(a)), except that it includes section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45) to the extent that 
     section 5 applies to unfair methods of competition.
       ``(k) Regional Advisory Bodies.--The Commission shall 
     establish a regional advisory body on the petition of at 
     least two-thirds of the States within a region that have more 
     than one-half of their electric load served within the 
     region. A regional advisory body shall be composed of one 
     member from each participating State in the region, appointed 
     by the Governor of each state, and may include 
     representatives of agencies, States, and provinces outside 
     the United States. A regional advisory body may provide 
     advice to the electric reliability organization, a regional 
     reliability entity, or the Commission regarding the 
     governance of an existing or proposed regional reliability 
     entity within the same region, whether a standard proposed to 
     apply within the region is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest, 
     whether fees proposed to be assessed within the regional are 
     just, reasonable, not unduly discriminatory or preferential, 
     and in the public interest and any other responsibilities 
     requested by the Commission. The Commission may give 
     deference to the advice of any such regional advisory body if 
     that body is organized on an interconnection-wide basis.
       ``(l) Application to Alaska and Hawaii.--The provisions of 
     this section do not apply to Alaska or Hawaii.''.
                                  ____

  SA 3013. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 226, line 23, strike ``Act,'' and all 
     that follows through page 227, line 2, and insert ``Act.''.
                                  ____

  SA 3014. Mr. WYDEN (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       On page 57, between lines 17 and 18, insert the following:

     SEC. 253. OFFICE OF CONSUMER ADVOCACY.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Energy customer.--The term ``energy customer'' means a 
     residential customer or a small commercial customer that 
     receives products or services from a public utility or 
     natural gas company under the jurisdiction of the Commission.
       (3) Natural gas company.--The term ``natural gas company'' 
     has the meaning given

[[Page S1943]]

     the term in section 2 of the Natural Gas Act (15 U.S.C. 
     717a), as modified by section 601(a) of the Natural Gas 
     Policy Act of 1978 (15 U.S.C. 3431(a)).
       (4) Office.--The term ``Office'' means the Office of 
     Consumer Advocacy established by subsection (b)(1).
       (5) Public utility.--The term ``public utility'' has the 
     meaning given the term in section 201(e) of the Federal Power 
     Act (16 U.S.C. 824(e)).
       (6) Small commercial customer.--The term ``small commercial 
     customer'' means a commercial customer that has a peak demand 
     of not more than 1,000 kilowatts per hour.
       (b) Office.--
       (1) Establishment.--There is established within the 
     Department of Justice the Office of Consumer Advocacy.
       (2) Director.--The Office shall be headed by a Director to 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       (3) Duties.--The Office may represent the interests of 
     energy customers on matters concerning rates or service of 
     public utilities and natural gas companies under the 
     jurisdiction of the Commission--
       (A) at hearings of the Commission;
       (B) in judicial proceedings in the courts of the United 
     States;
       (C) at hearings or proceedings of other Federal regulatory 
     agencies and commissions;
                                  ____

  SA 3015. Mrs. CARNAHAN submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

     SEC. 1704. NATIONAL ACADEMY OF SCIENCES STUDY OF PROCEDURES 
                   FOR SELECTION AND ASSESSMENT OF ROUTES FOR 
                   SHIPMENT OF SPENT NUCLEAR FUEL.

       (a) In General.--The Secretary of Transportation shall 
     enter into an agreement with the National Academy of Sciences 
     under which agreement the National Academy of Sciences shall 
     conduct a study of the procedures by which the Department of 
     Energy, together with the Department of Transportation and 
     the Nuclear Regulatory Commission, selects routes for the 
     shipment of spent nuclear fuel.
       (b) Elements of Study.--In conducting the study under 
     subsection (a), the National Academy of Sciences shall 
     analyze the manner in which the Department of Energy--
       (1) selects potential routes for the shipment of spent 
     nuclear fuel;
       (2) selects a route for a specific shipment of spent 
     nuclear fuel; and
       (3) conducts assessments of the risks associated with 
     shipments of spent nuclear fuel.
       (c) Considerations Regarding Route Selection.--The analysis 
     under subsection (b) shall include a consideration whether, 
     and to what extent, the procedures analyzed for purposes of 
     that subsection take into account the following:
       (1) The proximity of the routes under consideration to 
     major population centers and the risks associated with 
     shipments of spent nuclear fuel through densely populated 
     areas.
       (2) Current traffic and accident data with respect to the 
     routes under consideration.
       (3) The quality of the roads comprising the routes under 
     consideration.
       (4) Emergency response capabilities along the routes under 
     consideration.
       (5) The proximity of the routes under consideration to 
     places or venues (including sports stadiums, convention 
     centers, concert halls and theaters, and other venues) where 
     large numbers of people gather.
       (d) Recommendations.--In conducting the study under 
     subsection (a), the National Academy of Sciences shall also 
     make such recommendations regarding the matters studied as 
     the National Academy of Sciences considers appropriate.
       (e) Deadline for Dispersal of Funds for Study.--The 
     Secretary shall disperse to the National Academy of Sciences 
     the funds for the cost of the study required by subsection 
     (a) not later than 30 days after the date of the enactment of 
     this Act.
       (f) Report on Results of Study.--Not later than six months 
     after the date of the dispersal of funds under subsection 
     (e), the National Academy of Sciences shall submit to the 
     appropriate committees of Congress a report on the study 
     conducted under subsection (a), including the recommendations 
     required by subsection (d).
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Commerce, Science, and 
     Transportation, Energy and Natural Resources, and Environment 
     and Public Works of the Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.
                                  ____

  SA 3016. Mr. BINGAMAN proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 67, strike line 6 and all that follows through page 
     76, line 11, and insert the following:
       Title VI of the Public Utility Regulatory Policies Act of 
     1978 is amended by adding at the end the following:

     ``SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD.

       ``(a) Minimum Renewable Generation Requirement.--For each 
     calendar year beginning in calendar year 2005, each retail 
     electric supplier shall submit to the Secretary, not later 
     than April 1 of the following calendar year, renewable energy 
     credits in an amount equal to the required annual percentage 
     specified in subsection (b).
       ``(b) Required Annual Percentage.--
       ``(1) For calendar years 2005 through 2020, the required 
     annual percentage of the retail electric supplier's base 
     amount that shall be generated from renewable energy 
     resources shall be the percentage specified in the following 
     table:
``Calendar Years                             Required annual percentage
    2005 through 2006...............................................1.0
    2007 through 2008...............................................2.2
    2009 through 2010...............................................3.4
    2011 through 2012...............................................4.6
    2013 through 2014...............................................5.8
    2015 through 2016...............................................7.0
    2017 through 2018...............................................8.5
    2019 through 2020..............................................10.0

       ``(2) Not later than January 1, 2015, the Secretary may, by 
     rule, establish required annual percentages in amounts not 
     less than 10.0 for calendar years 2020 through 2030.
       ``(c) Submission of Credits.--(1) A retail electric 
     supplier may satisfy the requirements of subsection (a) 
     through the submission of renewable energy credits--
       ``(A) issued to the retail electric supplier under 
     subsection (d);
       ``(B) obtained by purchase or exchange under subsection 
     (e); or
       ``(C) borrowed under subsection (f).
       ``(2) A credit may be counted toward compliance with 
     subsection (a) only once.
       ``(d) Issuance of Credits.--(1) The Secretary shall 
     establish, not later than one year after the date of 
     enactment of this section, a program to issue, monitor the 
     sale or exchange of, and track renewable energy credits.
       ``(2) Under the program, 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. The application shall indicate--
       ``(A) the type of renewable energy resource used to produce 
     the electricity,
       ``(B) the location where the electric energy was produced, 
     and
       ``(C) any other information the Secretary determines 
     appropriate.
       ``(3)(A) Except as provided in paragraphs (B), (C), and 
     (D), the Secretary shall issue to an entity one renewable 
     energy credit for each kilowatt-hour of electric energy the 
     entity generates from the date of enactment of this section 
     and in each subsequent calendar year through the use of a 
     renewable energy resource at an eligible facility.
       ``(B) For incremental hydropower the credits shall be 
     calculated based on the expected increase in average annual 
     generation resulting from the efficiency improvements or 
     capacity additions. The number of credits shall be calculated 
     using the same water flow information used to determine a 
     historic average annual generation baseline for the 
     hydroelectric facility and certified by the Secretary or the 
     Federal Energy Regulatory Commission. The calculation of the 
     credits for incremental hydropower shall not be based on any 
     operational changes at the hydroelectric facility not 
     directly associated with the efficiency improvements or 
     capacity additions.
       ``(C) The Secretary shall issue two renewable energy 
     credits for each kilowatt-hour of electric energy generated 
     and supplied to the grid in that calendar year through the 
     use of a renewable energy resource at an eligible facility 
     located on Indian land. For purposes of this paragraph, 
     renewable energy generated by biomass cofired with other 
     fuels is eligible for two credits only if the biomass was 
     grown on the land eligible under this paragraph.
       ``(D) For renewable energy resources produced from a 
     generation offset, the Secretary shall issue two renewable 
     energy credits for each kilowatt-hour generated.
       ``(E) To be eligible for a renewable energy credit, the 
     unit of electric energy generated through the use of a 
     renewable energy resource may be sold or may be used by the 
     generator. If both a renewable energy resource and a non-
     renewable energy resource are used to generate the electric 
     energy, the Secretary shall issue credits based on the 
     proportion of the renewable energy resource used. The 
     Secretary shall identify renewable energy credits by type 
     and date of generation.
       ``(5) When a generator sells electric energy generated 
     through the use of a renewable energy resource to a retail 
     electric supplier under a contract subject to section 210 of 
     this Act, the retail electric supplier is treated as the 
     generator of the electric energy for the purposes of this 
     section for the duration of the contract.
       ``(6) The Secretary may issue credits for existing facility 
     offsets to be applied against a retail electric suppliers own 
     required annual percentage. The credits are not

[[Page S1944]]

     tradeable and may only be used in the calendar year 
     generation actually occurs.
       ``(e) Credit Trading.--A renewable energy credit may be 
     sold or exchanged by the entity to whom issued or by any 
     other entity who acquires the credit. A renewable energy 
     credit for any year that is not used to satisfy the minimum 
     renewable generation requirement of subsection (a) for that 
     year may be carried forward for use within the next four 
     years.
       ``(f) Credit Borrowing.--At any time before the end of 
     calendar year 2005, a retail electric supplier that has 
     reason to believe it will not have sufficient renewable 
     energy credits to comply with subsection (a) may--
       ``(1) submit a plan to the Secretary demonstrating that the 
     retail electric supplier will earn sufficient credits within 
     the next 3 calendar years which, when taken into account, 
     will enable the retail electric suppliers to meet the 
     requirements of subsection (a) for calendar year 2005 and the 
     subsequent calendar years involved; and
       ``(2) upon the approval of the plan by the Secretary, apply 
     credits that the plan demonstrates will be earned within the 
     next 3 calendar years to meet the requirements of subsection 
     (a) for each calendar year involved.
       ``(g) Credit Cost Cap.--The Secretary shall offer renewable 
     energy credits for sale at the lesser of 3 cents per 
     kilowatt-hour or 200 percent of the average market value of 
     credits for the applicable compliance period. On January 1 of 
     each year following calendar year 2005, the Secretary shall 
     adjust for inflation the price charged per credit for such 
     calendar year, based on the Gross Domestic Product Implicit 
     Price Deflator.
       ``(h) Enforcement.--The Secretary may bring an action in 
     the appropriate United States district court to impose a 
     civil penalty on a retail electric supplier that does not 
     comply with subsection (a), unless the retail electric 
     supplier was unable to comply with subsection (a) for reasons 
     outside of the supplier's reasonable control (including 
     weather-related damage, mechanical failure, lack of 
     transmission capacity or availability, strikes, lockouts, 
     actions of a governmental authority. A retail electric 
     supplier who does not submit the required number of renewable 
     energy credits under subsection (a) shall be subject to a 
     civil penalty of not more than the greater of 3 cents or 200 
     percent of the average market value of credits for the 
     compliance period for each renewable energy credit not 
     submitted.
       ``(i) Information Collection.--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 quantity of electricity sales of all retail 
     electric suppliers.
       ``(j) Environmental Savings Clause.--Incremental hydropower 
     shall be subject to all applicable environmental laws and 
     licensing and regulatory requirements.
       ``(k) State Savings Clause.--This section does not preclude 
     a State from requiring additional renewable energy generation 
     in that State, or from specifying technology mix.
       ``(l) Definitions.--For purposes of this section--
       ``(1) Biomass.--
       ``(A) Except with respect to material removed from National 
     Forest System lands, the term `biomass' means any organic 
     material that is available on a renewable or recurring basis, 
     including dedicated energy crops, trees grown for energy 
     production, wood waste and wood residues, plants (including 
     aquatic plants, grasses, and agricultural crops), residues, 
     fibers, animal wastes and other organic waste materials, and 
     fats and oil.
       ``(B) With respect to material removed from National Forest 
     System lands, the term `biomass' means fuel and biomass 
     accumulation from precommercial thinnings, slash, and brush.
       ``(2) Eligible facility.--The term `eligible facility' 
     means--
       ``(A) a facility for the generation of electric energy from 
     a renewable energy resource that is placed in service on or 
     after the date of enactment of this section; or
       ``(B) a repowering or cofiring increment that is placed in 
     service on or after the date of enactment of this section at 
     a facility for the generation of electric energy from a 
     renewable energy resource that was placed in service before 
     that date.
       ``(3) Eligible renewable energy resource.--The term 
     `renewable energy resource' means solar, wind, ocean, or 
     geothermal energy, biomass (excluding solid waste and paper 
     that is commonly recycled), landfill gas, a generation 
     offset, or incremental hydropower.
       ``(4) Generation offset.--The term `generation offset' 
     means reduced electricity usage metered at a site where a 
     customer consumes energy from a renewable energy technology.
       ``(5) Existing facility offset.--The term `existing 
     facility offset' means renewable energy generated from an 
     existing facility, not classified as an eligible facility, 
     that is owned or under contract to a retail electric supplier 
     on the date of enactment of this section.
       ``(6) Incremental hydropower.--The term `incremental 
     hydropower' means additional generation that is achieved from 
     increased efficiency or additions of capacity after the date 
     of enactment of this section at a hydroelectric dam that was 
     placed in service before that date.
       ``(7) Indian land.--The term `Indian land' means--
       ``(A) any land within the limits of any Indian reservation, 
     pueblo or rancheria,
       ``(B) any land not within the limits of any Indian 
     reservation, pueblo or rancheria title to which was on the 
     date of enactment of this paragraph either held by the United 
     States for the benefit of any Indian tribe or individual or 
     held by any Indian tribe or individual subject to restriction 
     by the United States against alienation,
       ``(C) any dependent Indian community, and
       ``(D) any land conveyed to any Alaska Native corporation 
     under the Alaska Native Claims Settlement Act.
       ``(8) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(9) Renewable energy.--The term `renewable energy' means 
     electric energy generated by a renewable energy resource.
       ``(10) Renewable energy resource.--The term `renewable 
     energy resource' means solar, wind, ocean, or geothermal 
     energy, biomass (including municipal solid waste), landfill 
     gas, a generation offset, or incremental hydropower.
       ``(11) Repowering of cofiring enforcement.--The term 
     `repowering or cofiring enforcement' means the additional 
     generation from a modification that is placed in service on 
     or after the date of enactment of this section to expand 
     electricity production at a facility used to generate 
     electric energy from a renewable energy resource or to cofire 
     biomass that was placed in service before the date of 
     enactment of this section.
       ``(12) Retail electric supplier.--The term `retail electric 
     supplier' means a person, that sells electric energy to 
     electric consumers and sold not less than 1,000,000 megawatt-
     hours of electric energy to electric consumers for purposes 
     other than resale during the preceding calendar year; except 
     that such term does not include the United States, a State or 
     any political subdivision of a state, or any agency, 
     authority, or instrumentality of any one or more of the 
     foregoing, or a rural electric cooperative.
       ``(13) Retail electric supplier's base amount.--The term 
     `retail electric supplier's base amount' means the total 
     amount of electric energy sold by the retail electric 
     supplier to electric customers during the most recent 
     calendar year for which information is available, excluding 
     electric energy generated by--
       ``(A) an eligible renewable energy resource;
       ``(B) municipal solid waste; or
       ``(C) a hydroelectric facility.
       ``(m) Sunset.--This section expires December 31, 2030.''.
                                  ____

  SA 3017. Mr. JEFFORDS (for himself, Mr. Wellstone, and Mr. Kerry) 
proposed an amendment to amendment SA 3016 proposed by Mr. Bingaman to 
the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       Beginning on page 1, strike line 5 and all that follows 
     through page 9, line 8, and insert the following:

     SEC. 606. FEDERAL RENEWABLE ENERGY STANDARD.

     SEC. 1. DEFINITIONS.

       In this section:
       (1) 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.

[[Page S1945]]

       (2) Incremental hydropower.--The term ``incremental 
     hydropower'' means additional generation capacity achieved 
     from increased efficiency after January 1, 2002, at a 
     hydroelectric dam that was placed in service before January 
     1, 2002.
       (3) 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.)).
       (4) 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.
       (5) Renewable energy source.--The term ``renewable energy 
     source'' means--
       (A) wind;
       (B) biomass;
       (C) incremental hydropower;
       (D) landfill gas; or
       (E) a goethermal, solar thermal, or photovoltaic source.
       (6) Retail electric supplier.--
       (A) In general.--The term ``retail electric supplier'' 
     means a person or entity that sells retail electricity to 
     consumers, and which sold not less than 500,000 megawatt-
     hours of electric energy to consumers for purposes other than 
     resale during the preceding calendar year.
       (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.
       (7) Secretary.--The term `Secretary' means the Secretary of 
     Energy.

     SEC. 2. 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 non-hydropower 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 non-
     hydropower 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 below:
Calendar years:               Percentage of renewable energy each year:
    2005-2009.......................................................  5
    2010-2014....................................................... 10
    2015-2019....................................................... 15
    2020 and subsequent years....................................... 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 the 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 the previous calendar year; and
       (B) acquired by the retail electric supplier under 
     subsection (e); or (3) renewable energy credits acquired from 
     the Secretary for a cost equal to three cents per renewable 
     energy credit in 2003 dollars, adjusted for inflation.
       (d) Small Utility Program.--The Secretary shall apply 
     proceeds from the sale of renewable energy credits acquired 
     under subsection (c)(3) to a program, utilizing a competitive 
     bidding process, to encourage maximum renewable energy 
     generation and/or purchase by retail electric suppliers which 
     sold not 500,000 megawatt-hours or less of electric energy to 
     consumers for purposes other than resale during the preceding 
     calendar year.
       (e) 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 2002 
     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 for retail consumption 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).
       (f) 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.
       (g) 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.
       (h) 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.
                                  ____

  SA 3018. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 189, in the table between lines 10 and 11, in the 
     item relating to calendar year 2004, strike ``2.3'' and 
     insert ``1.8''.
                                  ____

  SA 3019. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 195, strike line 19 and all that follows 
     through page 196, line 4, and insert the following:
       ``(B) Petitions for waivers.--
       ``(i) In general.--The Administrator, in consultation with 
     the Secretary of Agriculture and the Secretary of Energy, 
     shall approve or disapprove a State petition for a waiver of 
     the requirement of paragraph (2)

[[Page S1946]]

     within 30 days after the date on which the petition is 
     received by the Administrator.
       ``(ii) Failure to act.--If the Administrator fails to 
     approve or disapprove a petition within the period specified 
     in clause (i), the petition shall be deemed to be approved.
                                  ____

  SA 3020. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 189, line 3, strike ``2004'' and insert ``2005''.
       On page 189, line 5, strike ``2004'' and insert ``2005''.
       On page 189, line 8, strike ``2004'' and insert ``2005''.
       On page 189, in the table between lines 10 and 11, strike 
     the item relating to calendar year 2004.
       On page 193, line 10, strike ``2004'' and insert ``2005''.
       On page 194, line 21, strike ``2004'' and insert ``2005''.
       On page 196, line 17, strike ``2004'' and insert ``2005''.
       On page 197, line 4, strike ``2004'' and insert ``2005''.
       On page 199, line 4, strike ``2004'' and insert ``2005''.
       On page 199, line 17, strike ``2004'' and insert ``2005''.
                                  ____

  SA 3021. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 204, strike line 15 and all that follows 
     through page 205, line 8, and insert the following:
       ``Notwithstanding any other provision of federal or state 
     law, a renewable fuel, as defined by this Act, used or 
     intended to be used as a motor vehicle fuel, or any motor 
     vehicle fuel containing such renewable fuel, shall be subject 
     to liability standards no less protective than any other 
     motor vehicle fuel or fuel additive.''.
                                  ____

  SA 3022. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 191, strike lines 8 through 11 and insert the 
     following:
       ``(4) Cellulosic biomass ethanol.--
       ``(A) In general.--For the purpose of paragraph (2)--
       ``(i) except as provided in clause (ii), 1 gallon of 
     cellulosic biomass ethanol shall be considered to be the 
     equivalent of 1.5 gallons of renewable fuel; and
       ``(ii) 1 gallon of cellulosic biomass ethanol shall be 
     considered the equivalent of 2 gallons of renewable fuel if 
     the cellulosic biomass ethanol is derived from agricultural 
     commodities and residues.
       ``(B) Cellulosic biomass ethanol conversion assistance.--
       ``(i) In general.--The Secretary of Energy may make grants 
     to merchant producers of cellulosic biomass ethanol to assist 
     such producers in building eligible facilities for the 
     production of cellulosic biomass ethanol.
       ``(ii) Eligible facilities.--A facility shall be eligible 
     to receive a grant under this paragraph if the facility--
       ``(I) is located in the United States; and
       ``(II) uses cellulosic biomass ethanol feed stocks derived 
     from agricultural commodities and residues.
       ``(iii) Authorization of Appropriations.--There is 
     authorized to be appropriated to carry out this paragraph 
     such sums as may be necessary for fiscal years 2003, 2004, 
     and 2005.''.
                                  ____

  SA 3023. Mrs. LINCOLN (for herself, Mr. Bond, Mr. Johnson, Mrs. 
Carnahan, Mr. Hutchinson, Mr. Harkin, Mr. Grassley, Mr. Bunning, Mr. 
Bayh, and Mr. Craig) submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 142, strike lines 8 through 11 and insert the 
     following:

     SEC. 817. TEMPORARY BIODIESEL CREDIT EXPANSION.

       (a) Biodiesel Credit Expansion.--Section 312(b) of the 
     Energy Policy Act of 1992 (42 U.S.C. 13220(b)) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Use.--
       ``(A) In general.--A fleet or covered person--
       ``(i) may use credits allocated under subsection (a) to 
     satisfy more than 50 percent of the alternative fueled 
     vehicle requirements of a fleet or covered person under this 
     title, title IV, and title V; but
       ``(ii) may use credits allocated under subsection (a) to 
     satisfy 100 percent of the alternative fueled vehicle 
     requirements of a fleet or covered person under title V for 1 
     or more of model years 2002 through 2005.
       ``(B) Applicability.--Subparagraph (A) does not apply to a 
     fleet or covered person that is a biodiesel alternative fuel 
     provider described in section 501(a)(2)(A).''.
       (b) Treatment as Section 508 Credits.--Section 312(c) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13220(c)) is 
     amended--
       (1) in the subsection heading, by striking ``Credit not'' 
     and inserting ``Treatment as''; and
       (2) by striking ``shall not be considered'' and inserting 
     ``shall be treated as''.
       (c) Alternative Fueled Vehicle Study and Report.--
       (1) Definitions.--In this subsection:
       (A) Alternative fuel.--The term ``alternative fuel'' has 
     the meaning given the term in section 301 of the Energy 
     Policy Act of 1992 (42 U.S.C. 13211).
       (B) Alternative fueled vehicle.--The term ``alternative 
     fueled vehicle'' has the meaning given the term in section 
     301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).
       (C) Light duty motor vehicle.--The term ``light duty motor 
     vehicle'' has the meaning given the term in section 301 of 
     the Energy Policy Act of 1992 (42 U.S.C. 13211).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (2) Biodiesel credit extension study.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall conduct a study--
       (A) to determine the availability and cost of light duty 
     motor vehicles that qualify as alternative fueled vehicles 
     under title V of the Energy Policy Act of 1992 (42 U.S.C. 
     13251 et seq.); and
       (B) to compare--
       (i) the availability and cost of biodiesel; with
       (ii) the availability and cost of fuels that qualify as 
     alternative fuels under title V of the Energy Policy Act of 
     1992 (42 U.S.C. 13251 et seq.).
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that--
       (A) describes the results of the study conducted under 
     paragraph (2); and
       (B) includes any recommendations of the Secretary for 
     legislation to extend the temporary credit provided under 
     subsection (a) beyond model year 2005.
                                  ____

  SA 3024. Mr. VOINOVICH (for himself, Ms. Landreiu, Mr. Smith of New 
Hampshire, and Mr. Inhofe) submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 119, between lines 10 and 11, insert the following:

                  Subtitle B--Growth of Nuclear Energy

     SEC. 511. COMBINED LICENSE PERIODS.

       Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(c)) is amended--
       (1) by striking ``c. Each such'' and inserting the 
     following:
       ``c. License Period.--
       ``(1) In general.--Each such''; and
       (2) by adding at the end the following:
       ``(2) Combined licenses.--In the case of a combined 
     construction and operating license issued under section 
     185(b), the duration of the operating phase of the license 
     period shall not be less than the duration of the operating 
     license if application had been made for separate 
     construction and operating licenses.''.

     SEC. 512. SCOPE OF ENVIRONMENTAL REVIEW.

       (a) In General.--Chapter 10 of title I of the Atomic Energy 
     act of 1954 (42 U.S.C. 2131 et seq.) is amended--
       (1) by redesignating sections 110 and 111 as section 111 
     and 112, respectively; and
       (2) by inserting after section 109 the following:

     ``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.

       ``In conducting any environmental review (including any 
     activity conducted under section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332)) in 
     connection with an application for a license or a renewed 
     license under this chapter, the Commission shall not give any 
     consideration to the need for, or any alternative to, the 
     facility to be licensed.''.
       (b) Conforming Amendments.--
       (1) The Atomic Energy Act of 1954 is amended--

[[Page S1947]]

       (A) in the table of contents (42 U.S.C. prec. 2011), by 
     striking the items relating to section 110 and inserting the 
     following:

``Sec. 110. Scope of environmental review.
``Sec. 111. Exclusions.
``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution 
              of certain materials by Department of Energy.'';

       (B) in the last sentence of section 57b. (42 U.S.C. 
     2077(b)), by striking ``section 111 b.'' and inserting 
     ``section 112b.''; and
       (C) in section 131a.(2)(C), by striking ``section 111 b.'' 
     and inserting ``section 112b.''.
       (2) Section 202 of the Energy Reorganization Act o f 1974 
     (42 U.S.C. 5842) is amended--
       (A) by striking ``section 110 a.'' and inserting ``section 
     111a.''; and
       (B) by striking ``section 110 b.'' and inserting ``section 
     111b.''.

                   Subtitle C--NRC Regulatory Reform

     SEC. 521. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.

       Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2135) is amended by striking subsection c. and inserting the 
     following:
       ``c. Conditions.--
       ``(1) In general.--A condition for a grant of a license 
     imposed by the Commission under this section shall remain in 
     effect until the condition is modified or removed by the 
     Commission.
       ``(2) Modification.--If a person that is licensed to 
     construct or operate a utilization or production facility 
     applies for reconsideration under this section of a condition 
     imposed in the person's license, the Commission shall conduct 
     a proceeding, on an expedited basis, to determine whether the 
     license condition--
       ``(A) is necessary to ensure compliance with subsection a.; 
     or
       ``(B) should be modified or removed.''.

     SEC. 522. HEARING PROCEDURES.

       Section 189a.(1) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2239(a)(1)) is amended by adding at the end the 
     following:
       ``(C) Hearings.--A hearing under this section shall be 
     conducted using informal adjudicatory procedures unless the 
     Commission determines that formal adjudicatory procedures are 
     necessary--
       ``(i) to develop a sufficient record; or
       ``(ii) to achieve fairness.''.

     SEC. 523. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING 
                   FUNDING.

       Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(i)) is amended--
       (1) by striking ``and (3)'' and inserting ``(3)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, and (4) to ensure that sufficient funds will 
     be available for the decommissioning of any production or 
     utilization facility licensed under section 103 or 104b., 
     including standards and restrictions governing the control, 
     maintenance, use, and disbursement by any former licensee 
     under this Act that has control over any fund for the 
     decommissioning of the facility''.

                    Subtitle D--NRC Personnel Crisis

     SEC. 531. ELIMINATION OF PENSION OFFSET.

       Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201) is amended by adding at the end the following:
       ``y. exempt from the application of sections 8344 and 8468 
     of title 5, United States Code, an annuitant who was formerly 
     an employee of the Commission who is hired by the Commission 
     as a consultant, if the Commission finds that the annuitant 
     has a skill that is critical to the performance of the duties 
     of the Commission.''.

     SEC. 532. CONTRACTS WITH THE NATIONAL LABORATORIES.

       Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210a) is amended by striking subsection c. and inserting the 
     following:
       ``c. Contracts, Agreements, and Other Arrangements With the 
     National Laboratories.--Notwithstanding subsection b. and 
     notwithstanding the potential for a conflict of interest that 
     cannot be avoided, the Commission may enter into a contract, 
     agreement, or other arrangement with a national laboratory if 
     the Commission takes reasonable steps to mitigate the effect 
     of the conflict of interest.''.

     SEC. 533. NRC TRAINING PROGRAM.

       (a) In General.--In order to maintain the human resource 
     investment and infrastructure of the United States in the 
     nuclear sciences, health physics, and engineering fields, in 
     accordance with the statutory authorities of the Commission 
     relating to the civilian nuclear energy program, the Nuclear 
     Regulatory Commission shall carry out a training and 
     fellowship program to address shortages of individuals with 
     critical safety skills.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $1,000,000 for each of fiscal years 
     2002 through 2005.
       (2) Availability.--Funds made available under paragraph (1) 
     shall remain available until expended.
                                  ____

  SA 3025. Mr. INHOFE (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 407, line 4, after ``including'', insert ``flexible 
     alternating current transmission systems,''.
                                  ____

  SA 3026. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 247, between lines 10 and 11, insert the following:

     SEC. 903. STATE ENERGY PLANS.

       (a) In General.--No later than 1 year after the date of 
     enactment of this Act, each State shall submit to the 
     Secretary of Energy a plan that outlines possible 
     methodologies that would ensure that, by the date that is 10 
     years after the date of submission of the report, the amount 
     of energy produced in the State will be equal to at least 85 
     percent of the amount of energy consumed in the State (as 
     those amounts are measured by the Energy Information Agency).
       (b) Failure To Submit a Plan.--
       (1) In general.--After the date that is 1 year after the 
     date of enactment of this Act, a State that has not submitted 
     a plan under subsection (a) shall not receive any funding 
     authorized by this Act or any amendment made by this Act 
     until the State submits a report.
       (2) Exception.--Paragraph (1) does not apply to funding 
     authorized under subsection (b) or (e) of section 2602 of the 
     Low Income Housing Energy Assistance Act of 1981 (42 U.S.C. 
     8621).
                                  ____

  SA 3027. Mr. CRAIG submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike Title II and insert:
                        ``TITLE II--ELECTRICITY
                   ``Subtitle A--Consumer Protections

     ``SEC. 201. INFORMATION DISCLOSURE.

       ``(a) Offers and Solicitations.--The Federal Trade 
     Commission shall issue rules requiring each electric utility 
     that makes an offer to sell electric energy, or solicits 
     electric consumers to purchase electric energy to provide the 
     electric consumer a statement containing the following 
     information:
       ``(1) the nature of the service being offered, including 
     information about interruptibility of service;
       ``(2) the price of the electric energy, including a 
     description of any variable charges;
       ``(3) a description of all other charges associated with 
     the service being offered, including access charges, exit 
     charges, back-up service charges, stranded cost recovery 
     charges, and customer service charges; and
       ``(4) information the Federal Trade Commission determines 
     is technologically and economically feasible to provide, is 
     of assistance to electric consumers in making purchasing 
     decisions, and concerns--
       ``(A) the product or its price;
       ``(B) the share of electric energy that is generated by 
     each fuel type; and
       ``(C) the environmental emissions produced in generating 
     the electric energy.
       ``(b) Periodic Billings.--The Federal Trade Commission 
     shall issue rules requiring any electric utility that sells 
     electric energy to transmit to each of its electric 
     consumers, in addition to the information transmitted 
     pursuant to section 115(f) of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2625(f)), a clear and concise 
     statement containing the information described in subsection 
     (a)(4) for each billing period (unless such information is 
     not reasonably ascertainable by the electric utility).

     ``SEC. 202. CONSUMER PRIVACY.

       ``(a) Prohibition.--The Federal Trade Commission shall 
     issue rules prohibiting any electric utility that obtains 
     consumer information in connection with the sale or delivery 
     of electric energy to an electric consumer from using, 
     disclosing, or permitting access to such information unless 
     the electric consumer to whom such information relates 
     provides prior written approval.
       ``(b) Permitted Use.--The rules issued under this section 
     shall not prohibit any electric utility from using, 
     disclosing, or permitting access to consumer information 
     referred to in subsection (a) for any of the following 
     purposes.
       ``(1) to facilitate an eclectic consumer's change in 
     selection of an electric utility under procedures approved by 
     the State or State regulatory authority;
       ``(2) to initiate, render, bill, or collect for the sale or 
     delivery of electric energy to electric consumers or for 
     related services;
       ``(3) to protect the rights or property of the person 
     obtaining such information;

[[Page S1948]]

       ``(4) to protect retail electric consumers from fraud, 
     abuse, and unlawful subscription in the sale or delivery of 
     electric energy to such consumers;
       ``(5) for law enforcement purposes; or
       ``(6) for purposes of compliance with any Federal, State, 
     or local law or regulation authorizing disclosure of 
     information to a Federal, State, or local agency.
       ``(c) Aggregate Consumer Information.--The rules issued 
     under this subsection may permit a person to use, disclose, 
     and permit access to aggregate consumer information and may 
     require an electric utility to make such information 
     available to other electric utilities upon request and 
     payment of a reasonable fee.
       ``(d) Definitions.--As used in this section:
       ``(1) The term ``aggregate consumer information'' means 
     collective data that relates to a group or category of retail 
     electric consumers, from which individual consumer identifies 
     and characteristics have been removed.
       ``(2) The term ``consumer information'' means information 
     that relates to the quantity, technical configuration, type, 
     destination, or amount of use of electric energy delivered to 
     any retail electric consumer.

     ``SEC. 203. UNFAIR TRADE PRACTICES.

       ``(a) Slamming.--The Federal Trade Commission shall issue 
     rules prohibiting the change of selection of an electric 
     utility except with the informed consent of the electric 
     consumer.
       ``(b) Cramming.--The Federal Trade Commission shall issue 
     rules prohibiting the sale of goods and services to an 
     electric consumer unless expressly authorized by law or the 
     electric consumer.

     ``SEC. 204. APPLICABLE PROCEDURES.

       ``The Federal Trade Commission shall proceed in accordance 
     with section 553 of title 5, United States Code, when 
     prescribing a rule required by this subtitle.

     ``SEC. 205. FEDERAL TRADE COMMISSION ENFORCEMENT.

       ``Violation of a rule issued under this subtitle shall be 
     treated as a violation of a rule under section 18 of the 
     Federal Trade Commission Act (15 U.S.C. 57a) respecting 
     unfair or deceptive acts or practices. All functions and 
     powers of the Federal Trade Commission under such Act are 
     available to the Federal Trade Commission to enforce 
     compliance with this subtitle notwithstanding any 
     jurisdictional limits in such Act.

     ``SEC. 206. STATE AUTHORITY.

       ``Nothing in this subtitle shall be construed to preclude a 
     State or State regulatory authority from prescribing and 
     enforcing laws, rules or procedures regarding the practices 
     which are the subject of this subtitle.

     ``SEC. 207. DEFINITIONS.

       ``As used in this subtitle:
       ``(1) The term `aggregate consumer information' means 
     collective data that relates to a group or category of 
     electric consumers, from which individual consumer identities 
     and identifying characteristics have been removed.
       ``(2) The term `consumer information' means information 
     that relates to the quantity technical configuration, type, 
     destination, or amount of use of electric energy delivered to 
     an electric consumer.
       ``(3) The term `electric consumer', `electric utility', and 
     `State regulatory authority' have the meanings given such 
     terms in section 3 of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2602).

                   ``Subtitle B--Electric Reliability

     ``SEC. 208 ELECTRIC RELIABILITY.

       ``Part II of the Federal Power Act (16 U.S.C. 824 et seq.) 
     is amended by inserting the following after section 215 as 
     added by this Act:

     ``SEC. 216. ELECTRIC RELIABILITY.

       ``(a) Definitions.--For purposes of this section--
       ``(1) `bulk-power system' means the network of 
     interconnected transmission facilities and generating 
     facilities;
       ``(2) `electric reliability organization' means a self-
     regulating organization certified by the Commission under 
     subsection (c) whose purpose is to promote the reliability of 
     the bulk power system; and
       ``(3) `reliability standard' means a requirement to provide 
     for reliable operation of the bulk power system approved by 
     the Commission under this section.
       ``(b) Jurisdiction and Applicability.--The Commission shall 
     have jurisdiction, within the United States, over an electric 
     reliability organization, any regional entities, and all 
     users, owners and operators of the bulk power system, 
     including but not limited to the entities described in 
     section 201(f), for purposes of approving reliability 
     standards and enforcing compliance with this section. All 
     users, owners and operators of the bulk-power system shall 
     comply with reliability standards that take effect under this 
     section.
       ``(c) Certification.--
       ``(1) The Commission shall issue a final rule to implement 
     the requirements of this section not later than 180 days 
     after the date of enactment of this section.
       ``(2) Following the issuance of a Commission rule under 
     paragraph (1), any person may submit an application to the 
     Commission for certification as an electric reliability 
     organization. The Commission may certify an applicant if the 
     Commission determines that the applicant--
       ``(A) has the ability to develop, and enforce reliability 
     standards that provide for an adequate level of reliability 
     of the bulk-power system;
       ``(B) has established rules that--
       ``(i) assure its independence of the users and owners and 
     operators of the bulk power system; while assuring fair 
     stakeholder representation in the selection of its directors 
     and balanced decision-making in any committee or subordinate 
     organizational structure;
       ``(ii) allocate equitably dues, fees, and other charges 
     among end users for all activities under this section;
       ``(iii) provide fair and impartial procedures for 
     enforcement of reliability standards through imposition of 
     penalties (including limitations on activities, functions, or 
     operations; or other appropriate sanctions); and
       ``(iv) provide for reasonable notice and opportunity for 
     public comment, due process, openness, and balance of 
     interests in developing reliability standards and otherwise 
     exercising its duties.
       ``(3) If the Commission receives two or more timely 
     applications that satisfy the requirements of this 
     subsection, the Commission shall approve only the application 
     it concludes will best implement the provisions of this 
     section.
       ``(d) Reliability Standards.--
       ``(1) An electric reliability organization shall file a 
     proposed reliability standard or modification to a 
     reliability standard with the Commission.
       ``(2) The Commission may approve a proposed reliability 
     standard or modification to a reliability standard if it 
     determines that the standard is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest. 
     The Commission shall give due weight to the technical 
     expertise of the electric reliability organization with 
     respect to the content of a proposed standard or modification 
     to a reliability standard, but shall not defer with respect 
     to its effect on competition.
       ``(3) The electric reliability organization and the 
     Commission shall rebuttably presume that a proposal from a 
     regional entity organized on an interconnection-wide basis 
     for a reliability standard or modification to a reliability 
     standard to be applicable on an Interconnection-wide basis is 
     just, reasonable, and not unduly discriminatory or 
     preferential, and in the public interest.
       ``(4) The Commission shall remand to the electric 
     reliability organization for further consideration a proposed 
     reliability standard or a modification to a reliability 
     standard that the Commission disapproves in whole or in part.
       ``(5) The Commission, upon its own motion or upon 
     complaint, may order an electric reliability organization to 
     submit to the Commission a proposed reliability standard or a 
     modification to a reliability standard that addresses a 
     specific matter if the Commission considers such a new or 
     modified reliability standard appropriate to carry out this 
     section.
       ``(e) Enforcement.--
       ``(1) An electric reliability organization may impose a 
     penalty on a user or owner or operator of the bulk power 
     system if the electric reliability organization, after notice 
     and an opportunity for a hearing--
       ``(A) finds that the user or owner or operator of the bulk 
     power system has violated a reliability standard approved by 
     the Commission under subsection (d); and
       ``(B) files notice with the Commission, which shall affirm, 
     set aside or modify the action.
       ``(2) On its own motion or upon complaint, the Commission 
     may order compliance with a reliability standard and may 
     impose a penalty against a user or owner or operator of the 
     bulk power system, if the Commission finds, after notice and 
     opportunity for a hearing, that the user or owner or operator 
     of the bulk power system has violated or threatens to violate 
     a reliability standard.
       ``(3) The Commission shall establish regulations 
     authorizing the electric reliability organization to enter 
     into an agreement to delegate authority to a regional entity 
     for the purpose of proposing and enforcing reliability 
     standards (including related activities) if the regional 
     entity satisfies the provisions of subsection (c)(2)(A) and 
     (B) and the agreement promotes effective and efficient 
     administration of bulk power system reliability, and may 
     modify such delegation. The electric reliability organization 
     and the Commission shall rebuttably presume that a proposal 
     for delegation to a regional entity organized on an 
     interconnection-wide basis promotes effective and efficient 
     administration of bulk power system reliability and shall be 
     approved. Such regulation may provide that the Commission may 
     assign the electric reliability organization's authority to 
     enforce reliability standards directly to a regional entity 
     consistent with the requirements of this paragraph.
       ``(4) The Commission may take such action as is necessary 
     or appropriate against the electric reliability organization 
     or a regional entity to ensure compliance with a reliability 
     standard or any Commission order affecting the electric 
     reliability organization or a regional entity.
       ``(f) Changes in Electric Reliability Organization Rules.--
     An electric reliability organization shall file with the 
     Commission for approval any proposed rule or proposed rule 
     change, accompanied by an explanation of its basis and 
     purpose. The Commission, upon its own motion or complaint, 
     may propose a change to the rules of the electric reliability 
     organization. A proposed rule or proposed rule change shall 
     take effect upon a

[[Page S1949]]

     finding by the Commission, after notice and opportunity for 
     comment,that the change is just, reasonable, not unduly 
     discriminatory or preferential, is in the public interest, 
     and satisfies the requirements of subsection (c)(2).
       ``(g) Coordination With Canada and Mexico.--
       ``(1) The electric reliability organization shall take all 
     appropriate steps to gain recognition in Canada and Mexico.
       ``(2) The President shall use his best efforts to enter 
     into international agreements with the governments of Canada 
     and Mexico to provide for effective compliance with 
     reliability standards and the effectiveness of the electric 
     reliability organization in the United States and Canada or 
     Mexico.
       ``(h) Reliability Reports.--The electric reliability 
     organization shall conduct periodic assessments of the 
     reliability and adequacy of the interconnected bulk-power 
     system in North America.
       ``(i) Savings Provisions.--
       ``(1) The electric reliability organization shall have 
     authority to develop and enforce compliance with standards 
     for the reliable operation of only the bulk-power system.
       ``(2) This section does not provide the electric 
     reliability organization or the Commission with the authority 
     to order the construction of additional generation or 
     transmission capacity or to set and enforce compliance with 
     standards for adequacy or safety of electric facilities or 
     services.
       ``(3) Nothing in this section shall be construed to preempt 
     any authority of any State to take action to ensure the 
     safety, adequacy, and reliability of electric service within 
     the State, as long as such action is not inconsistent with 
     any reliability standard.
       ``(4) Within 90 days of the application of the electric 
     reliability organization or other affected party, and after 
     notice and opportunity for comment, the Commission shall 
     issue a final order determining whether a state action is 
     inconsistent with a reliability standard, taking into 
     consideration any recommendations of the electric reliability 
     organization.
       ``(5) The Commission, after consultation with the electric 
     reliability organization, may stay the effectiveness of any 
     state action, pending the Commission's issuance of a final 
     order.
       ``(j) Application of Antitrust Laws.--
       ``(1) In general.--To the extent undertaken to develop, 
     implement, or enforce a reliability standard, each of the 
     following activities shall not, in any action under the 
     antitrust laws, be deemed illegal per se:
       ``(A) activities undertaken by an electric reliability 
     organization under this section, and
       ``(B) activities of a user or owner or operator of the bulk 
     power system undertaken in good faith under the rules of an 
     electric reliability organization.
       ``(2) Rule of reason.--In any action under the antitrust 
     laws, an activity described in paragraph (1) shall be judged 
     on the basis of its reasonableness, taking into account all 
     relevant factors affecting competition and reliability.
       ``(3) Definition.--For purposes of this subsection, 
     `antitrust laws' has the meaning given the term in subsection 
     (a) of the first section of the Clayton Act (15 U.S.C. 
     12(a)), except that it includes section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45) to the extent that 
     section 5 applies to unfair methods of competition.
       ``(k) Regional Advisory Bodies.--The Commission shall 
     establish a regional advisory body on the petition of at 
     least two-thirds of the States within a region that have more 
     than one-half of their electric load served within the 
     region. A regional advisory body shall be composed of one 
     member from each participating State in the region, appointed 
     by the Governor of each State, and may include 
     representatives of agencies, States, and provinces outside 
     the United States. A regional advisory body may provide 
     advice to the electric reliability organization, a 
     regional reliability entity, or the Commission regarding 
     the governance of an existing or proposed regional 
     reliability entity within the same region, whether a 
     standard proposed to apply within the region is just, 
     reasonable, not unduly discriminatory or preferential, and 
     in the public interest, whether fees proposed to be 
     assessed within the region are just, reasonable, not 
     unduly discriminatory or preferential, and in the public 
     interest and any other responsibilities requested by the 
     Commission. The Commission may give deference to the 
     advice of any such regional advisory body if that body is 
     organized on an interconnection-wide basis.
       ``(1) Application to alaska and hawaii.--The provisions of 
     this section do not apply to Alaska or Hawaii.''

   ``Subtitle B--Amendments to the Public Utility Holding Company Act

     ``SEC. 209. SHORT TITLE.

       ``This subtitle may be cited as the ``Public Utility 
     Holding Company Act of 2002''.

     ``SEC. 210. DEFINITIONS.

       ``For purposes of this subtitle:
       ``(1) The term ``affiliate'' of a company means any 
     company, 5 percent or more of the outstanding voting 
     securities of which are owned, controlled, or held with power 
     to vote, directly or indirectly, by such company.
       ``(2) The term ``associate company'' of a company means any 
     company in the same holding company system with such company.
       ``(3) The term ``Commission'' means the Federal Energy 
     Regulatory Commission.
       ``(4) The term ``company'' means a corporation, 
     partnership, association, joint stock company, business 
     trust, or any organized group of persons, whether 
     incorporated or not, or a receiver, trustee, or other 
     liquidating agent of any of the foregoing.
       ``(5) The term ``electric utility company'' means any 
     company that owns or operates facilities used for the 
     generation, transmission, or distribution of electric energy 
     for sale.
       ``(6) The terms ``exempt wholesale generator'' and 
     ``foreign utility company'' have the same meanings as in 
     sections 32 and 33, respectively, of the Public Utility 
     Holding Company Act of 1935 (15 U.S.C. 79z-5a, 79z-5b), as 
     those sections existed on the day before the effective date 
     of this subtitle.
       ``(7) The term ``gas utility company'' means any company 
     that owns or operates facilities used for distribution at 
     retail (other than the distribution only in enclosed portable 
     containers or distribution to tenants or employees of the 
     company operating such facilities for their own use and not 
     for resale) of natural or manufactured gas for heat, light, 
     or power.
       ``(8) The term ``holding company'' means--
       ``(A) any company that directly or indirectly owns, 
     controls, or holds, with power to vote, 10 percent or more of 
     the outstanding voting securities of a public utility company 
     or of a holding company of any public utility company; and
       ``(B) any person, determined by the Commission, after 
     notice and opportunity for hearing, to exercise directly or 
     indirectly (either alone or pursuant to an arrangement or 
     understanding with one or more persons) such a controlling 
     influence over the management or policies of any public 
     utility company or holding company as to make it necessary 
     or appropriate for the rate protection of utility 
     customers with respect to rates that such person be 
     subject to the obligations, duties, and liabilities 
     imposed by this subtitle upon holding companies.
       ``(9) The term `holding company system' means a holding 
     company, together with its subsidiary companies.
       ``(10) The term `jurisdictional rates' means rates 
     established by the Commission for the transmission of 
     electric energy in interstate commerce, the sale of electric 
     energy at wholesale in interstate commerce, the 
     transportation of natural gas in interstate commerce, and the 
     sale in interstate commerce of natural gas for resale for 
     ultimate public consumption for domestic, commercial, 
     industrial, or any other use.
       ``(11) The term `natural gas company' means a person 
     engaged in the transportation of natural gas in interstate 
     commerce or the sale of such gas in interstate commerce for 
     resale.
       ``(12) The term `person' means an individual or company.
       ``(13) The term `public utility' means any person who owns 
     or operates facilities used for transmission of electric 
     energy in interstate commerce or sales of electric energy at 
     wholesale in interstate commerce.
       ``(14) The term `public utility company' means an electric 
     utility company or a gas utility company.
       ``(15) The term `State commission' means any commission, 
     board, agency, or officer, by whatever name designated, of a 
     State, municipality, or other political subdivision of a 
     State that, under the laws of such State, has jurisdiction to 
     regulate utility companies.
       ``(16) The term `subsidiary company' of a holding company 
     means--
       ``(A) any company, 10 percent or more of the outstanding 
     voting securities of which are directly or indirectly owned, 
     controlled, or held with power to vote, by such holding 
     company; and
       ``(B) any person, the management or policies of which the 
     Commission, after notice and opportunity for hearing, 
     determines to be subject to a controlling influence, directly 
     or indirectly, by such holding company (either alone or 
     pursuant to an arrangement or understanding with one or more 
     other persons) so as to make it necessary for the rate 
     protection of utility customers with respect to rates that 
     such person be subject to the obligations, duties, and 
     liabilities imposed by this subtitle upon subsidiary 
     companies of holding companies.
       ``(17) The term `voting security' means any security 
     presently entitling the owner or holder thereof to vote in 
     the direction or management of the affairs of a company.

     ``SEC. 211. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT 
                   OF 1935.

       ``The Public Utility Holding Company Act of 1935 (15 U.S.C. 
     79 et seq.) is repealed.

     ``SEC. 212. FEDERAL ACCESS TO BOOKS AND RECORDS.

       ``(a) In General.--Each holding company and each associate 
     company thereof shall maintain, and shall make available to 
     the Commission, such books, accounts, memoranda, and other 
     records as the Commission deems to be relevant to costs 
     incurred by a public utility or natural gas company that is 
     an associate company of such holding company and necessary or 
     appropriate for the protection of utility customers with 
     respect to jurisdictional rates.
       ``(b) Affiliate Companies.--Each affiliate of a holding 
     company or of any subsidiary company of a holding company 
     shall maintain, and shall make available to the Commission, 
     such books, accounts, memoranda, and other records with 
     respect to any transaction with another affiliate, as 
     the commission deems to be relevant to costs incurred

[[Page S1950]]

     by a public utility or natural gas company that is an 
     associate company of such holding company and necessary or 
     appropriate for the protection of utility customers with 
     respect to jurisdictional rates.
       ``(c) Holding Company Systems.--The Commission may examine 
     the books, accounts, memoranda, and other records of any 
     company in a holding company system, or any affiliate 
     thereof, as the Commission deems to be relevant to costs 
     incurred by a public utility or natural gas company within 
     such holding company system and necessary or appropriate for 
     the protection of utility customers with respect to 
     jurisdictional rates.
       ``(d) Confidentiality.--No member, officer, or employee of 
     the Commission shall divulge any fact or information that may 
     come to his or her knowledge during the course of examination 
     of books, accounts, memoranda, or other records as provided 
     in this section, except as may be directed by the Commission 
     or by a court of competent jurisdiction.

     ``SEC. 213. STATE ACCESS TO BOOKS AND RECORDS.

       ``(a) In General.--Upon the written request of a State 
     commission having jurisdiction to regulate a public utility 
     company in a holding company system, the holding company or 
     any associate company or affiliate thereof, other than such 
     public utility company, wherever located, shall produce for 
     inspection books, accounts, memoranda, and other records 
     that--
       ``(1) have been identified in reasonable detail by the 
     State commission;
       ``(2) the State commission deems are relevant to costs 
     incurred by such public utility company; and
       ``(3) are necessary for the effective discharge of the 
     responsibilities of the State commission with respect to such 
     proceeding.
       ``(b) Limitation.--Subsection (a) does not apply to any 
     person that is a holding company solely by reason of 
     ownership of one or more qualifying facilities under the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2601 et seq.).
       ``(c) Confidentiality of Information.--The production of 
     books, accounts memoranda, and other records under subsection 
     (a) shall be subject to such terms and conditions as may be 
     necessary and appropriate to safeguard against unwarranted 
     disclosure to the public of any trade secrets or sensitive 
     commercial information.
       ``(d) Effect on State Law.--Nothing in this section shall 
     preempt applicable State law concerning the provision of 
     books, accounts, memoranda, and other records, or in any way 
     limit the rights of any State to obtain books, accounts, 
     memoranda, and other records under any other Federal law, 
     contract, or otherwise.
       ``(e) Court Jurisdiction.--Any United States district court 
     located in the State in which the State commission referred 
     to in subsection (a) is located shall have jurisdiction to 
     enforce compliance with this section.

     ``SEC. 214. EXEMPTION AUTHORITY.

       ``(a) Rulemaking.--Not later than 90 days after the 
     effective date of this subtitle, the Commission shall 
     promulgate a final rule to exempt from the requirements of 
     section 224 any person that is a holding company, solely with 
     respect to one or more--
       ``(1) qualifying facilities under the Public Utility 
     Regulatory Policies of Act of 1978 (16 U.S.C. 2601 et seq.);
       ``(2) exempt wholesale generators; or
       ``(3) foreign utility companies.
       ``(b) Other Authority.--The Commission shall exempt a 
     person or transaction from the requirements of section 224, 
     if, upon application or upon the motion of the Commission--
       ``(1) the Commission finds that the books, accounts, 
     memoranda, and other records of any person are not relevant 
     to the jurisdictional rates of a public utility or natural 
     gas company; or
       ``(2) the Commission finds that any class of transactions 
     is not relevant to the jurisdictional rates of a public 
     utility or natural gas company.

     ``SEC 215. AFFILIATE TRANSACTIONS.

       ``(a) Commission Authority Unaffected.--Nothing in this 
     subtitle shall limit the authority of the Commission under 
     the Federal Power Act (16 U.S.C. 791a et seq.) to require 
     that jurisdictional rates are just and reasonable, including 
     the ability to deny or approve the pass through of costs, the 
     prevention of cross-subsidization, and the promulgation of 
     such rules and regulations as are necessary or appropriate 
     for the protection of utility consumers.
       ``(b) Recovery of Costs.--Nothing in this subtitle shall 
     preclude the Commission or a State commission from exercising 
     its jurisdiction under otherwise applicable law to determine 
     whether a public utility company, public utility, or natural 
     gas company may recover in rates any costs of an activity 
     performed by an associate company, or any costs of goods or 
     services acquired by such public utility company from an 
     associate company.

     ``SEC. 216. APPLICABILITY.

       ``Except as otherwise specifically provided in this 
     subtitle, no provision of this subtitle shall apply to, or be 
     deemed to include--
       ``(1) the United States;
       ``(2) a State or any political subdivision of a State;
       ``(3) any foreign governmental authority not operating in 
     the United States;
       ``(4) any agency, authority, or instrumentality of any 
     entity referred to in paragraph (1), (2), or (3); or
       ``(5) any officer, agent, or employee of any entity 
     referred to in paragraph (1), (2), or (3) acting as such in 
     the course of his or her official duty.

     ``SEC. 217. EFFECT ON OTHER REGULATIONS.

       ``Nothing in this subtitle precludes the Commission or a 
     State commission from exercising its jurisdiction under 
     otherwise applicable law to protect utility customers.

     ``SEC. 218. ENFORCEMENT.

       ``The Commission shall have the same powers as set forth in 
     sections 306 through 317 of the Federal Power Act (16 U.S.C. 
     825e-825p) to enforce the provisions of this subtitle.

     ``SEC. 219. SAVINGS PROVISIONS.

       ``(a) In General.--Nothing in this subtitle prohibits a 
     person from engaging in or continuing to engage in activities 
     or transactions in which it is legally engaged or authorized 
     to engage on the effective date of this subtitle.
       ``(b) Effect on Other Commission Authority.--Nothing in 
     this subtitle limits the authority of the Commission under 
     the Federal Power Act (16 U.S.C. 791a et seq.) (including 
     section 301 of that Act) or the Natural Gas Act (15 U.S.C. 
     717 et seq.) (including section 8 of that Act).

     ``SEC. 220. IMPLEMENTATION.

       ``Not later than 18 months after the date of enactment of 
     this subtitle, the Commission shall--
       ``(1) promulgate such regulations as may be necessary or 
     appropriate to implement this subtitle (other than section 
     225); and
       ``(2) submit to the Congress detailed recommendations on 
     technical and conforming amendments to Federal law necessary 
     to carry out this subtitle and the amendments made by this 
     subtitle.

     ``SEC. 221. TRANSFER OF RESOURCES.

       ``All books and records that relate primarily to the 
     functions transferred to the Commission under this subtitle 
     shall be transferred from the Securities and Exchange 
     Commission to the Commission.

     ``SEC. 222. INTER-AGENCY REVIEW OF COMPETITION IN THE 
                   WHOLESALE AND RETAIL MARKETS FOR ELECTRIC 
                   ENERGY.

       ``(a) Task Force.--There is established an inter-agency 
     task force, to be known as the ``Electric Energy Market 
     Competition Task Force'' (referred to in this section as the 
     ``task force''), which shall consist of--
       ``(1) 1 member each from--
       ``(A) the Department of Justice, to be appointed by the 
     Attorney General of the United States;
       ``(B) the Federal Energy Regulatory Commission, to be 
     appointed by the chairman of that Commission; and
       ``(C) the Federal Trade Commission, to be appointed by the 
     chairman of that Commission; and
       ``(2) 2 advisory members (who shall not vote), of whom--
       ``(A) I shall be appointed by the Secretary of Agriculture 
     to represent the Rural Utility Service; and
       ``(B) 1 shall be appointed by the Chairman of the 
     Securities and Exchange Commission to represent that 
     Commission.
       ``(b) Study and Report.--
       ``(1) Study.--The task force shall perform a study and 
     analysis of the protection and promotion of competition 
     within the wholesale and retail market for electric energy in 
     the United States.
       ``(2) Report.--
       ``(A) Final report.--Not later than 1 year after the 
     effective date of this subtitle, the task force shall submit 
     a final report of its findings under paragraph (1) to the 
     Congress.
       ``(B) Public comment.--At least 60 days before submission 
     of a final report to the Congress under subparagraph (A), the 
     task force shall publish a draft report in the Federal 
     Register to provide for public comment.
       ``(c) Focus.--The study required by this section shall 
     examine--
       ``(1) the best means of protecting competition within the 
     wholesale and retail electric market;
       ``(2) activities within the wholesale and retail electric 
     market that may allow unfair and unjustified discriminatory 
     and deceptive practices;
       ``(3) activities within the wholesale and retail electric 
     market, including mergers and acquisitions, that deny market 
     access or suppress competition;
       ``(4) cross-subsidization that may occur between regulated 
     and nonregulated activities; and
       ``(5) the role of State public utility commissions in 
     regulating competition in the wholesale and retail electric 
     market.
       ``(d) Consultation.--In performing the study required by 
     this section, the task force shall consult with and solicit 
     comments from its advisory members, the States, 
     representatives of the electric power industry, and the 
     public.

     ``SEC. 223. GAO STUDY ON IMPLEMENTATION.

       ``(a) Study.--The Comptroller General shall conduct a study 
     of the success of the Federal Government and the States 
     during the 18-month period following the effective date of 
     this subtitle in--
       ``(1) the prevention of anticompetitive practices and other 
     abuses by public utility holding companies, including cross-
     subsidization and other market power abuses; and
       ``(2) the promotion of competition and efficient energy 
     markets to the benefit of consumers.
       ``(b) Report to Congress.--Not earlier than 18 months after 
     the effective date of this subtitle or later than 24 months 
     after

[[Page S1951]]

     that effective date, the Comptroller General shall submit a 
     report to the Congress on the results of the study conducted 
     under subsection (a), including probable causes of its 
     findings and recommendations to the Congress and the States 
     for any necessary legislative changes.

     ``SEC. 224. EFFECTIVE DATE.

       ``This subtitle shall take effect 18 months after the date 
     of enactment of this subtitle.

     ``SEC. 237. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such funds as may 
     be necessary to carry out this subtitle.

     ``SEC. 225. CONFORMING AMENDMENTS TO THE FEDERAL POWER ACT.

       ``(a) Section 318 of the Federal Power Act (16 U.S.C. 825q) 
     is repealed.
       ``(b) Section 201(g) of the Federal Power Act (16 U.S.C. 
     824(g)) is amended by striking ``1935'' and inserting 
     ``2002''.
       ``(c) Section 214 of the Federal Power Act (16 U.S.C. 824m) 
     is amended by striking ``1935'' and inserting ``2002''.

``Subtitle C--Amendments to the Public Utility Regulatory Policies Act 
                                of 1978

     ``SEC. 244. COGENERATION AND SMALL POWER PRODUCTION PURCHASE 
                   AND SALE REQUIREMENTS.

       ``(a) Termination of Mandatory Purchase and Sale 
     Requirements.--Section 210 of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 824a-3) is amended by adding 
     at the end the following:
       ``(m) Termination of Mandatory Purchase and Sale 
     Requirements.--
       ``(1) In general.--After the date of enactment of this 
     subsection, no electric utility shall be required to enter 
     into a new contract or obligation to purchase or sell 
     electric energy under this section.
       ``(2) No effect on existing rights and remedies.--Nothing 
     in this subsection affects the rights or remedies of any 
     party with respect to the purchase or sale of electric energy 
     or capacity from or to a facility under this section under 
     any contract or obligation to purchase or to sell electric 
     energy or capacity on the date of enactment of this 
     subsection, including--
       ``(A) the right to recover costs of purchasing such 
     electric energy or capacity; and
       (B) in States without competition for retail electric 
     supply, the obligation of a utility to provide, at just and 
     reasonable rates for consumption by a qualifying small power 
     production facility or a qualifying cogeneration facility, 
     backup, standby, and maintenance power.
       ``(3) Recovery of costs.--
       ``(A) Regulation.--To ensure recovery by an electric 
     utility that purchases electric energy or capacity from a 
     qualifying facility pursuant to any legally enforceable 
     obligation entered into or imposed under this section before 
     the date of enactment of this subsection, of all prudently 
     incurred costs associated with the purchases, the Commission 
     shall issue and enforce such regulations as may be required 
     to ensure that the electric utility shall collect the 
     prudently incurred costs associated with such purchases.
       ``(B) Enforcement.--A regulation under subparagraph (A) 
     shall be enforceable in accordance with the provisions of law 
     applicable to enforcement of regulations under the Federal 
     Power Act (16 U.S.C. 791a et seq.).'
       ``(b) Elimination of Ownership Limitation.--
       ``(1) Section 3(17)(C) of the Federal Power Act (16 U.S.C. 
     796(17)(C)) is amended to read as follows;
       ``(C) `qualifying small power production facility' means a 
     small power production facility that the commission 
     determines, by rule, meets such requirements (including 
     requirements respecting minimum size, fuel use, and fuel 
     efficiency) as the Commission may, by rule, prescribe.'.
       ``(2) Section 3(18)(B) of the Federal Power Act (16 U.S.C. 
     796(18)(B)) is amended to read as follows:
       ``(B) `qualifying cogeneration facility' means a 
     cogeneration facility that the commission determines, by 
     rule, meets such requirements (including requirements 
     respecting minimum size, fuel use, and fuel efficiency) as 
     the Commission may, by rule, prescribe.''.
                                  ____

  SA 3028. Mr. LOTT proposed an amendment to amendment SA 2917 proposed 
by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       At the appropriate place, add the following:

     ``SEC.  . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.

       (a) Findings.--The Senate finds that--
       (1) The Senate Judiciary Committee's pace in acting on 
     judicial nominees thus far in this Congress has caused the 
     number of judges confirmed by the Senate to fall below the 
     number of judges who have retired during the same period, 
     such that the 67 judicial vacancies that existed when 
     Congress adjourned under President Clinton's last term in 
     office in 2000 have now grown to 96 judicial vacancies, which 
     represents an increase from 7.9 percent to 11 percent in the 
     total number of Federal judgeships that are currently vacant;
       (2) thirty one of the 96 current judicial vacancies are on 
     the United States Courts of Appeals, representing a 17.3 
     percent vacancy rate for such seats;
       (3) seventeen of the 31 vacancies on the Courts of Appeals 
     have been declared ``judicial emergencies'' by the 
     Administrative Office of the U.S. Courts;
       (4) during the first 2 years of President Reagan's first 
     term, 19 of the 20 circuit court nominations that he 
     submitted to the Senate were confirmed; and during the first 
     2 years of President George H. W. Bush's term, 22 of the 23 
     circuit court nominations that he submitted to the Senate 
     were confirmed; and during the first 2 years of President 
     Clinton's first term, 19 of the 22 circuit court nominations 
     that he submitted to the Senate were confirmed; and
       (5) only 7 of President George W. Bush's 29 circuit court 
     nominees have been confirmed to date, representing just 24 
     percent of such nominations submitted to the Senate.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that, in the interests of the administration of justice, the 
     Senate Judiciary Committee shall hold hearings on the 
     nominees submitted by the President on May 9, 2001, by May 9, 
     2002.
                                  ____

  SA 3029. Mr. REID (for Mr. Allard) proposed an amendment to the bill 
S. 1372, to reauthorize the Export-Import Bank of the United States; as 
follows:

       At the end of the bill, add the following:

     SEC. 7. INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK.

       (a) Establishment of Position.--Section 11 of the Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by striking ``or the Board of 
     Directors of the Tennessee Valley Authority;'' and inserting 
     ``the Board of Directors of the Tennessee Valley Authority; 
     or the President of the Export-Import Bank;''; and
       (2) in paragraph (2), by striking ``or the Tennessee Valley 
     Authority;'' and inserting ``the Tennessee Valley Authority, 
     or the Export-Import Bank,''.
       (b) Special Provisions.--The Inspector General Act of 1978 
     is amended--
       (1) by redesignating section 8I as section 8J and inserting 
     after section 8H the following new section:

     ``Sec. 8I. Special Provisions Relating to the Export-Import 
       Bank of the United States

       ``(a) In General.--The Inspector General of the Export-
     Import Bank shall not prevent or prohibit the Audit Committee 
     from initiating, carrying out, or completing any audit or 
     investigation or undertaking any other activities in the 
     performance of the duties and responsibilities of the Audit 
     Committee, including auditing the financial statements of the 
     Export-Import Bank, determining when it is appropriate to use 
     independent external auditors, and selecting independent 
     external auditors. In carrying out the duties and 
     responsibilities of Inspector General, the Inspector General 
     of the Export-Import Bank shall not be prevented or 
     prohibited from initiating, carrying out, or completing any 
     audit or investigation, or from issuing any subpoena during 
     the course of any audit or investigation. The Audit Committee 
     shall make available to the Inspector General of the Export-
     Import Bank the reports of all audits the Committee 
     undertakes in the discharge of its duties and 
     responsibilities.
       ``(b) Audit Committee.--For purposes of this section, the 
     term `Audit Committee' means the Audit Committee of the Board 
     of Directors of the Export-Import Bank or any successor 
     thereof.'';
       (2) in section 8J (as redesignated), by striking ``or 8H of 
     this Act'' and inserting ``8H, or 8I of this Act''.
       (c) Executive Level IV.--Section 5315 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to the Inspector General of the Environmental Protection 
     Agency the following:
       ``Inspector General, Export-Import Bank.''.
       (d) Initial Implementation.--Section 9(a)(2) of the 
     Inspector General Act of 1978 is amended by inserting ``to 
     the Office of the Inspector General,'' after ``(2)''.
       (e) Technical Corrections.--Section 11 of the Inspector 
     General Act of 1978 is amended--
       (1) in paragraph (1)--
       (A) by striking the second semicolon after ``Community 
     Service'';
       (B) by striking ``and'' after ``Financial Institutions 
     Fund;''; and
       (C) by striking ``and'' after ``Trust Corporation;''; and
       (2) in paragraph (2), by striking the second comma after 
     ``Community Service''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2002.
                                  ____

  SA 3030. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerhships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 186, strike line 9 and all that follows 
     through page 205, line 8.
       On page 236, strike lines 7 through 9 and insert the 
     following:

     is amended--
       (1) by redesignating subsection (o) as subsection (p); and

[[Page S1952]]

       (2) by inserting after subsection (n) the following:
       ``(o) Analyses of Motor Vehicle Fuel Changes.--

                          ____________________