[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S357-S358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3053. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECHNOLOGY.

       (a) Consideration of Impact From Cross-subsidization of 
     Customer-side Technology.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is amended by adding at the end the following:
       ``(20) Consideration of impact from cross-subsidization of 
     customer-side technology.--
       ``(A) Definition of customer-side technology.--In this 
     paragraph, the term `customer-side technology' means a device 
     connected to the electricity distribution system--
       ``(i) at, or on the customer side of, the meter; or
       ``(ii) that, if owned or operated by, or on behalf of, an 
     electric utility, would otherwise be at, or on the customer 
     side of, the meter.
       ``(B) Consideration.--Each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility shall 
     consider, to the extent a State regulatory authority or 
     nonregulated electric utility allows rates charged by any 
     electric utility to include any cost, fee, or charge that 
     directly or indirectly subsidizes the deployment, 
     construction, maintenance, or operation of customer-side 
     technology, whether subsidizing the deployment, construction, 
     maintenance, or operation of a customer-side technology 
     would--
       ``(i) result in benefits predominately enjoyed by only the 
     users of the customer-side technology;
       ``(ii) shift costs of a customer-side technology to 
     electricity consumers that do not use the customer-side 
     technology, particularly in cases in which disparate economic 
     or resource conditions exist among the electricity consumers 
     cross-subsidizing the customer-side technology;
       ``(iii) negatively affect resource utilization, fuel 
     diversity, grid reliability, or grid security;
       ``(iv) provide any unfair competitive advantage to market 
     the customer-side technology, including an analysis of 
     whether the State regulatory authority or other State 
     authority has uncovered any fraudulent customer-side 
     technology marketing practices within the State; and
       ``(v) be necessary to fulfill an obligation to serve 
     electric consumers.
       ``(C) Public notice.--At least 90 days before the date on 
     which a State regulatory authority or nonregulated electric 
     utility holds a proceeding that would consider the cross-
     subsidization of a customer-side technology, the State 
     regulatory authority or nonregulated electric utility shall 
     make available to the public the results of the evaluation 
     conducted under subparagraph (B).''.
       (b) Compliance.--
       (1) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 1 year after the date of enactment 
     of this paragraph, each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority), and each nonregulated electric utility shall, 
     with respect to the standard established by paragraph (20) of 
     section 111(d)--
       ``(i) commence the consideration referred to in section 
     111; or
       ``(ii) set a hearing date for the consideration.
       ``(B) Not later than 2 years after the date of enactment of 
     this paragraph, each State regulatory authority (with respect 
     to each electric utility for which it has ratemaking 
     authority), and each nonregulated electric utility, shall--
       ``(i) complete the consideration required under 
     subparagraph (A); and
       ``(ii) make the determination referred to in section 111 
     with respect to the standard established by paragraph (20) of 
     section 111(d).''.
       (2) Failure to comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     is amended by adding at the end the following: ``In the case 
     of the standard established by paragraph (20) of section 
     111(d), the reference contained in this subsection to the 
     date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of that paragraph.''.

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