[Congressional Record Volume 157, Number 70 (Thursday, May 19, 2011)]
[Senate]
[Pages S3173-S3178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. UDALL of Colorado (for himself and Mr. Brown of 
Massachusetts):
  S. 1029. A bill to amend the Public Utility Regulatory Policies Act 
of 1978 to provide electric consumers the right to access certain 
electric energy information, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, I rise today to discuss an 
important issue, energy consumption. Do each of us know how much energy 
we actually consume? How much does our energy use affect our 
pocketbooks? Consumers should be able to answer these questions. That 
is why I am introducing the Electric Consumer Right to Know Act today.
  This legislation takes a common-sense step toward broadening 
consumers' access to data about their electricity usage. I first began 
working on this issue while serving in the Colorado General Assembly 
back in 1997, when I introduced a bill that would have given consumers 
information about the price, water consumption, pollutants, and 
emissions used to generate the electricity they were sold. However, I 
am proud to say that this refined transparency bill--which gives 
consumers access to their energy use and price--was developed directly 
from the input of Coloradans who participated in my energy jobs summit 
in Denver in February 2010.
  In today's marketplace, consumers have a clear understanding of what 
their car mileage means for their wallet. They also have ready access 
to the number of minutes remaining on their cell phone. However, 
consumers lack clear, timely data about their electricity use and its 
price. Providing increased transparency will help consumers with their 
decisions about electricity usage in their homes or businesses.
  The Electric Consumer Right to Know Act, or E-Know Act, would provide 
this transparency by establishing consumers' clear right to access data 
on their own electricity usage. This right is an important step toward 
a more effective, reliable and efficient electric grid, and a step 
toward helping consumers use electricity more efficiently and save 
money on their electric bills.
  For the past two years, I have been traveling across Colorado as part 
of a work force tour to talk directly to Coloradans and hear their 
innovative policy ideas to create jobs. I also hosted an Energy Jobs 
Summit in Denver in February 2010. As part of this summit, we asked 
experts in energy policy and business to join us for a conversation 
about how we can better position Colorado and the United States to lead 
in the 21st century clean energy economy and win the global economic 
race.
  We heard from U.S. Energy Secretary Steven Chu, then-Governor Bill 
Ritter, Senator Michael Bennet, and Congressman Ed Perlmutter. But, 
more importantly, we heard from Coloradans who came to share their 
views on what the federal government can do, or in some instances not 
do, to support job creation and transition to cleaner and more 
efficient energy use.
  One consumer participant at the summit noted that even though he had 
a smart meter at his home, his power company would not let him access 
his electrical meter readings to learn how he was using electricity. If 
he could access those readings, he could better understand his energy 
use, learn how to be more energy efficient and save money. That is why 
I am reintroducing E-Know Act today, to improve communication between 
the consumers and their utility and spur innovation in developing 
creative technologies that will save energy.
  The bill directs the Federal Regulatory Energy Commission to convene 
an open, extensive and inclusive stakeholder process to work through 
the details of this measure to ensure that implementing the consumers' 
right to access their information also retains consumer privacy, and 
ensures the integrity and reliability of the grid.
  The outcome of this process will create national guidelines 
establishing the right of consumers to access their electricity data, 
including minimum national standards that utilities must meet to ensure 
that right of access. In developing those minimum standards, the FERC 
will take into consideration the ongoing and important work at the 
National Institute of Standards and

[[Page S3177]]

Technology in developing a smart grid roadmap, as well as the 
innovative state and local programs already being developed across the 
country to integrate smart meters into the electrical grid, including 
Colorado, California, Texas, Pennsylvania, and others.
  In my home state of Colorado, Xcel Energy has been working with the 
city of Boulder on a pilot program called SmartGridCity to develop a 
community-scale smart grid with over 20,000 residents participating. In 
Fort Collins, Colorado, the business community and utilities have 
teamed up to form the FortZED project with the goal of turning the 
downtown into a net zero energy district using smart technology. I am 
proud to see Coloradans and others around the country taking important 
steps together in learning how to make the grid more reliable, 
efficient, and help save everyone money.
  Finally, part of ensuring the right to access your data includes the 
right to retain the privacy of your data. When consumers gain access to 
their data, they will also need to clearly understand how it will be 
used, especially when consumers grant third-party access to it. This is 
why this bill states that the FERC will establish, among other 
important measures, guidelines for consumer consent requirements. 
Retaining privacy is critical to building consumer trust in the smart 
grid and facilitating the transition of the smart grid to an integral 
part of everyday life for every American family.
  I look forward to working with my colleagues from both parties and 
all interested stakeholders in establishing this right, defining it in 
a way that eliminates unintended consequences, and enforcing this right 
in a way that promotes the efficient use of electrical energy.
  This bill is an important first step in implementing smart meters 
across the country, moving us toward an electrical grid that is more 
reliable and more efficient, a ``smart grid,'' if you will. There are 
several pieces of the puzzle that will be required to realize that 
future, and one critical part of that puzzle is the right of consumers 
to access their electricity data. I urge my colleagues of both parties 
to join me in supporting this important legislation.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1029

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Electric Consumer Right to 
     Know Act'' or the ``e-KNOW Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) improving consumers' understanding of and access to the 
     electric energy usage information of the consumers will help 
     consumers more effectively manage usage;
       (2) consumers have a right of access to the electric energy 
     usage information of the consumers;
       (3) the right of access to electric energy usage 
     information should be based on the need to have access to the 
     information rather than on a specific type of smart metering 
     technology and, as a result, all usage information platforms 
     can compete and innovation will be fostered;
       (4) utilities should provide electric energy usage 
     information based on the best capabilities of the metering 
     technology currently deployed in the respective service areas 
     or, on upgrade, based on standards recognized by the National 
     Institute of Standards and Technology;
       (5) consumers should have the ability to access unaudited 
     usage information directly from the electric meters of the 
     consumers or from sources independent of the electric meters, 
     and from sources independent of the utilities of the 
     consumers;
       (6) consumers should retain the right to the privacy and 
     security of electric energy usage information of the 
     consumers created through usage;
       (7) consumers should have the right to control the electric 
     energy usage information of the consumers and the right to 
     privacy for the information when third party aggregators of 
     data are involved in creation, management, or collection of 
     the information; and
       (8) consumers should have the right to know how the 
     authorized third-party data manager of the consumers will 
     manage the retail electric energy information of the 
     consumers once the manager has accessed the information.

     SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY 
                   INFORMATION.

       (a) In General.--Title II of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 824 et seq.) is amended by 
     adding at the end the following:

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

       ``(a) Definitions.--In this section:
       ``(1) Retail electric energy information.--The term `retail 
     electric energy information' means--
       ``(A) the electric energy consumption of an electric 
     consumer over a defined time period;
       ``(B) the retail electric energy prices or rates applied to 
     the electricity usage for the defined time period described 
     in subparagraph (A) for the electric consumer;
       ``(C) the cost of usage by the consumer, including (if 
     smart meter usage information is available) the estimated 
     cost of usage since the last billing cycle of the consumer; 
     and
       ``(D) in the case of nonresidential electric meters, any 
     other electrical information that the meter is programmed to 
     record (such as demand measured in kilowatts, voltage, 
     frequency, current, and power factor).
       ``(2) Smart meter.--Except as provided in subsection (e), 
     the term `smart meter' means the device used by an electric 
     utility that--
       ``(A)(i) measures electric energy consumption by an 
     electric consumer at the home or facility of the electric 
     consumer in intervals of 1 hour or less; and
       ``(ii) is capable of sending electric energy usage 
     information through a communications network to the electric 
     utility; or
       ``(B) meets the guidelines issued under subsection (h).
       ``(b) Consumer Rights.--
       ``(1) In general.--Each electric consumer in the United 
     States shall have the right to access (and to authorize 1 or 
     more third parties to access) retail electric energy 
     information of the electric consumer in--
       ``(A) an electronic form, free of charge, in conformity 
     with nationally recognized open standards developed by a 
     nationally recognized standards organization; and
       ``(B) a manner that is timely and convenient and provides 
     adequate protections for the security of the information and 
     the privacy of the electric consumer.
       ``(2) Smart meters.--In the case of an electric consumer 
     that is served by a smart meter that can also communicate 
     energy usage information to a device or network of an 
     electric consumer or a device or network of a third party 
     authorized by the consumer, the consumer shall, at a minimum, 
     have the right to access (and to authorize 1 or more third 
     parties to access) usage information in read-only format 
     directly from the smart meter.
       ``(3) Provider of information.--The information required 
     under this subsection shall be provided by the electric 
     utility of the consumer or such other entity as may be 
     designated by the applicable electric retail regulatory 
     authority.
       ``(c) Information.--The right to access retail electric 
     energy information under subsection (b) includes, at a 
     minimum--
       ``(1)(A) in the case of an electric consumer that is served 
     by a smart meter, the right to access retail electric energy 
     information--
       ``(i) in machine readable form, not more than 48 hours 
     after consumption has occurred; or
       ``(ii) in accordance with the guidelines issued under 
     subsection (h); or
       ``(B) in the case of an electric consumer that is not 
     served by a smart meter, the right to access retail electric 
     energy information in machine readable form as expeditiously 
     after the time of receipt in a data center (including 
     information provided by third party services) as is 
     reasonably practicable and as prescribed by the applicable 
     electric retail regulatory authority; and
       ``(2) except as otherwise provided in subsection (d)--
       ``(A) in the case of an electric consumer that is served by 
     a smart meter, data at a granularity that is--
       ``(i) not less granular than the intervals at which the 
     data is recorded and stored by the billing meter in use at 
     the premise of the electric consumer; or
       ``(ii) in accordance with the guidelines issued under 
     subsection (h); and
       ``(B) in the case of an electric consumer that is not 
     served by a smart meter, data at granularity equal to the 
     data used for billing the electric consumer, or more precise 
     granularity, as prescribed by the applicable electric retail 
     regulatory authority.
       ``(d) Electric Energy Information Retention.--An electric 
     consumer shall have the right to access the retail electric 
     energy information of the consumer, through the website of 
     the electric utility or other electronic access authorized by 
     the electric consumer, for a period of at least 13 months 
     after the date on which the usage occurred, unless a 
     different period is prescribed by the applicable electric 
     retail regulatory authority.
       ``(e) Data Security.--Access described in subsection (d) 
     shall not interfere with or compromise the integrity, 
     security, or privacy of the operations of a utility and the 
     electric consumer, in accordance with the guidelines issued 
     by the Commission under subsection (h).
       ``(f) Cost Recovery.--An electric utility providing retail 
     electric energy information in accordance with otherwise 
     applicable regulation of rates for the retail sale and 
     delivery of electricity may recover in rates the cost of 
     providing the information, if the cost is determined 
     reasonable and prudent by the applicable electric retail 
     regulatory authority.
       ``(g) Additional Available Information.--The right to 
     access electric energy information shall extend to usage 
     information generated by devices in or on the property of the

[[Page S3178]]

     consumer that is transmitted to the electric utility.
       ``(h) Guidelines for Electric Consumer Access.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Commission shall (after 
     consultation with State and local regulatory authorities, 
     including the National Association of Regulatory Utility 
     Commissioners, the Secretary of Energy, other appropriate 
     Federal agencies, including the National Institute of 
     Standards and Technology, consumer advocacy groups, 
     utilities, and other appropriate entities, and after notice 
     and opportunity for comment) issue guidelines that establish 
     minimum national standards for implementation of the electric 
     consumer right to access retail electric energy information 
     under subsection (b).
       ``(2) State and local regulatory action.--In issuing the 
     guidelines, the Commission shall, to the maximum extent 
     practicable, be guided by actions taken by State and local 
     regulatory authorities to ensure electric consumer access to 
     retail electric energy information, including actions taken 
     after consideration of the standard under section 111(d)(17).
       ``(3) Content.--The guidelines shall provide guidance on 
     issues necessary to carry out this section, including--
       ``(A) the timeliness and granularity of retail electric 
     energy information;
       ``(B) appropriate nationally recognized open standards for 
     data;
       ``(C) a definition of the term `smart meters'; and
       ``(D) protection of data security and electric consumer 
     privacy, including consumer consent requirements.
       ``(4) Revisions.--The Commission shall periodically review 
     and, as necessary, revise the guidelines to reflect changes 
     in technology and the market for electric energy and 
     services.
       ``(i) Enforcement.--
       ``(1) Enforcement by state attorneys general.--If the 
     attorney general of a State, or another official or agency of 
     a State with competent authority under State law, has reason 
     to believe that any electric utility that delivers electric 
     energy at retail in the applicable State is not complying 
     with the minimum standards established by the guidelines 
     under subsection (h), the attorney general, official, or 
     agency of the State, as parens patriae, may bring a civil 
     action against the electric utility, on behalf of the 
     electric consumers receiving retail service from the electric 
     utility, in a district court of the United States of 
     appropriate jurisdiction, to compel compliance with the 
     standards.
       ``(2) Safe harbor.--
       ``(A) In general.--No civil action may be brought against 
     an electric utility under paragraph (1) if the Commission 
     has, during the 2-year period ending on the date of the 
     determination, determined that the electric utility adopted 
     policies, requirements, and measures, as necessary, that 
     comply with the standards established by the guidelines under 
     subsection (h).
       ``(B) Procedures.--The Commission shall establish 
     procedures to review the policies, requirements, and measures 
     of electric utilities to assess, and issue determinations 
     with regard to, compliance with the standards.
       ``(3) Effective date.--This subsection takes effect on the 
     date that is 2 years after the date the guidelines under 
     subsection (h) are issued.''.
       (b) Conforming Amendment.--The table of contents for the 
     Public Utility Regulatory Policies Act of 1978 is amended by 
     adding at the end of the items relating to title II the 
     following:

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