[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[Senate]
[Pages S6031-S6032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             FAIR RATES ACT

  The senior assistant legislative clerk read as follows:

       A bill (S. 186) to amend the Federal Power Act to provide 
     that any inaction by the Federal Energy Regulatory Commission 
     that allows a rate change to go into effect shall be treated 
     as an order by the Commission for purposes of rehearing and 
     court review.

  There being no objection, the Senate proceeded to consider the bills 
en bloc as follows:
  H.R. 1109, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

       Section 203(a)(1) of the Federal Power Act (16 U.S.C. 
     824b(a)(1)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) merge or consolidate, directly or indirectly, its 
     facilities subject to the jurisdiction of the Commission, or 
     any part thereof, with the facilities of any other person, or 
     any part thereof, that are subject to the jurisdiction of the 
     Commission and have a value in excess of $10,000,000, by any 
     means whatsoever;''.

     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) the facilities, or any part thereof, to be acquired 
     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.

     SEC. 4. FEDERAL ENERGY REGULATORY COMMISSION REPORT.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Federal Energy Regulatory 
     Commission shall submit to Congress a report that assesses 
     the effects of the amendment made by section 1.
       (b) Requirements.--In preparing the report under subsection 
     (a), the Federal Energy Regulatory Commission shall--
       (1) take into account any information collected under 
     paragraph (7) of section 203(a) of the Federal Power Act (16 
     U.S.C. 824b(a)) (as added by section 2); and
       (2) provide for public notice and comment with respect to 
     the report.

  S. 186, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment as follows:
  (The part of the bill intended to be stricken is shown in boldfaced 
brackets, and the part of the bill in be inserted is shown in italic.)

                                 S. 186

       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 ``Fair Ratepayer 
     Accountability, Transparency, and Efficiency Standards Act'' 
     or the ``Fair RATES Act''.

     [SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.

       [Section 205(d) of the Federal Power Act (16 U.S.C. 
     824d(d)) is amended by adding at the end the following: ``Any 
     absence of action by the Commission that allows a change to 
     take effect under this section (including the Commission 
     allowing the 60 days of notice provided under this section to 
     expire without Commission action) shall be considered to be 
     an order issued by the Commission accepting the change for 
     purposes of section 313.''.]

     SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.

       Section 205 of the Federal Power Act (16 U.S.C. 824d) is 
     amended by adding at the end the following:
       ``(g) Inaction of Commissioners.--
       ``(1) In general.--If the Commission permits the expiration 
     of the 60-day period established under the first sentence of 
     subsection (d) because the members of the Commission are 
     divided two against two as to the lawfulness of the change, 
     as a result of vacancy, incapacity, or recusal on the 
     Commission--
       ``(A) the failure to act by the Commission shall be 
     considered to be an order issued by the Commission accepting 
     the change for purposes of section 313(a); and
       ``(B) there shall be added to the record of the proceeding 
     of the Commission--
       ``(i) the proposed order;
       ``(ii) notice of the division of the Commissioners with 
     respect to the proposed order; and
       ``(iii) the written statement of each member of the 
     Commission explaining the views of the Commissioner with 
     respect to the proposed order.
       ``(2) Appeal.--If any party to a proceeding of the 
     Commission described in paragraph (1) seeks a rehearing under 
     section 313(a) and the Commission fails to act on the merits 
     of the rehearing request by the date that is 30 days after 
     the date of the rehearing request because the members of the 
     Commission are divided two against two, as a result of 
     vacancy, incapacity, or recusal on the Commission, any party 
     that sought the rehearing may appeal under section 313(b).''.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to, the bills, as amended, be 
considered read a third time en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
ordered to be engrossed and the bill (H.R. 1109) to be read the third 
time.
  The bill (H.R. 1109) was read the third time.
  The bill (S. 186) was ordered to be engrossed for a third reading and 
was read the third time.
  Mr. McCONNELL. I know of no further debate on the bills, as amended, 
en bloc.
  PRESIDING OFFICER. The bills having been read the third time, the 
question is, Shall the bills pass en bloc?
  The bill (H.R. 1109), as amended, was passed.
  The bill (S. 186), as amended, was passed.

                                 S. 186

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

[[Page S6032]]

  


     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Ratepayer 
     Accountability, Transparency, and Efficiency Standards Act'' 
     or the ``Fair RATES Act''.

     SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.

       Section 205 of the Federal Power Act (16 U.S.C. 824d) is 
     amended by adding at the end the following:
       ``(g) Inaction of Commissioners.--
       ``(1) In general.--If the Commission permits the expiration 
     of the 60-day period established under the first sentence of 
     subsection (d) because the members of the Commission are 
     divided two against two as to the lawfulness of the change, 
     as a result of vacancy, incapacity, or recusal on the 
     Commission--
       ``(A) the failure to act by the Commission shall be 
     considered to be an order issued by the Commission accepting 
     the change for purposes of section 313(a); and
       ``(B) there shall be added to the record of the proceeding 
     of the Commission--
       ``(i) the proposed order;
       ``(ii) notice of the division of the Commissioners with 
     respect to the proposed order; and
       ``(iii) the written statement of each member of the 
     Commission explaining the views of the Commissioner with 
     respect to the proposed order.
       ``(2) Appeal.--If any party to a proceeding of the 
     Commission described in paragraph (1) seeks a rehearing under 
     section 313(a) and the Commission fails to act on the merits 
     of the rehearing request by the date that is 30 days after 
     the date of the rehearing request because the members of the 
     Commission are divided two against two, as a result of 
     vacancy, incapacity, or recusal on the Commission, any party 
     that sought the rehearing may appeal under section 313(b).''.

  Mr. McCONNELL. I ask unanimous consent that the motions to reconsider 
be considered made and laid upon the table, all en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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