[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
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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.''.
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