[Congressional Record Volume 163, Number 99 (Monday, June 12, 2017)]
[House]
[Pages H4827-H4828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FEDERAL POWER ACT AMENDMENT

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1109) to amend section 203 of the Federal Power Act.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1109

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

     SECTION 1. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

       Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C. 
     824b(a)(1)(B)) is amended by striking ``such facilities or 
     any part thereof'' and inserting ``such facilities, or any 
     part thereof, of a value in excess of $10,000,000''.

     SEC. 2. NOTIFICATION FOR CERTAIN TRANSACTIONS.

       Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) 
     is amended by adding at the end the following new paragraph:
       ``(7)(A) Not later than 180 days after the date of 
     enactment of this paragraph, the Commission shall promulgate 
     a rule requiring any public utility that is seeking to merge 
     or consolidate, directly or indirectly, its facilities 
     subject to the jurisdiction of the Commission, or any part 
     thereof, with those of any other person, to notify the 
     Commission of such transaction not later than 30 days after 
     the date on which the transaction is consummated if--
       ``(i) such facilities, or any part thereof, are of a value 
     in excess of $1,000,000; and
       ``(ii) such public utility is not required to secure an 
     order of the Commission under paragraph (1)(B).
       ``(B) In establishing any notification requirement under 
     subparagraph (A), the Commission shall, to the maximum extent 
     practicable, minimize the paperwork burden resulting from the 
     collection of information.''.

     SEC. 3. EFFECTIVE DATE.

       The amendment made by section 1 shall take effect 180 days 
     after the date of enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentlewoman from Colorado (Ms. DeGette) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill, H.R. 1109, is, again, a bipartisan bill 
introduced by the gentleman from Michigan (Mr. Walberg). It was 
reported by unanimous consent from the Energy and Commerce Committee. 
It amends the Federal Power Act with respect to the prohibition 
regarding mergers or consolidations by a public utility.
  Any merger or consolidation of a public utility whose value exceeds 
$10 million must first be authorized by the Federal Energy Regulatory 
Commission. In addition, FERC is required to promulgate a rule within 
180 days that mandates any public utility seeking to merge or 
consolidate to notify FERC within 30 days of transaction consummation 
if the value of such merger or consolidation exceeds $1 million but, in 
fact, is less than $10 million.
  Mr. Speaker, I reserve the balance of my time.
  Ms. DeGETTE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 1109, sponsored by Representatives Walberg 
and Dingell, which would add a $10 million threshold to trigger FERC 
review of a merger or consolidation. This is a significant change to 
current law as established through the Energy Policy Act of 2005.
  Obviously, FERC should not have to rely on trade publications or on 
word of mouth to know that merger or consolidation activity involving 
regulated utilities is occurring. This bill, as reported by the Energy 
and Commerce Committee, includes language requiring FERC to undertake a 
rulemaking to develop a short, simple, notification process for 
transactions above the $1

[[Page H4828]]

million mark that fall below the new $10 million threshold.
  This addresses a problem, in that FERC lacked a standardized way to 
acquire the information necessary to know that these below-threshold 
transactions were occurring. Without that knowledge, it would be too 
easy for someone looking to evade the new $10 million threshold to 
break their transaction into smaller pieces and, thereby, escape 
review.
  I want to commend the gentleman and the gentlewoman from Michigan for 
their work to address this matter. I think this is sensible legislation 
that reduces the burden on industry and on the government, while 
ensuring the public good is fully protected.
  I urge the passage of this legislation, and I reserve the balance of 
my time.
  Mr. UPTON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Michigan (Mr. Walberg), the author of the legislation.
  Mr. WALBERG. Mr. Speaker, I thank my colleague and friend from 
Michigan, the chairman of the Energy Subcommittee, as well as the 
ranking member of the subcommittee for this opportunity.
  I also want to start off by thanking the Energy and Commerce 
Committee staff on both sides of the aisle for their time and work on 
this issue.
  Additionally, I would like also to thank my colleague, Debbie 
Dingell, for being an original cosponsor of H.R. 1109 and helping 
advance this bipartisan and, might I add, commonsense rule.
  Based on current statute, the Federal Energy Regulatory Commission 
takes the position that approval from the Commission is necessary for 
all mergers and acquisitions, no matter how small or insignificant the 
value of the facilities involved, even down to zero.
  FERC's interpretation has led to trivial paperwork that bogs down the 
Commission and creates unnecessary red tape for American businesses, 
ultimately increasing utility bills for the consumer. H.R. 1109 will 
help reduce excessive paperwork burdens and bring down energy prices 
for American families.
  This bipartisan solution unties FERC's hands and allows the 
Commission to ensure American consumers are getting the most affordable 
and reliable electricity possible in a commonsense sort of way. Mr. 
Speaker, I urge my colleagues to support H.R. 1109.
  Ms. DeGETTE. Mr. Speaker, I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, I urge my colleagues to support this 
bipartisan legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Upton) that the House suspend the rules 
and pass the bill, H.R. 1109.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________