[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1303-S1304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1346. Mr. BLUMENTHAL (for himself and Mr. Burr) submitted an
amendment intended to be proposed by him to the bill S. 2657, to
support innovation in advanced geothermal research and development, and
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE IV--MISCELLANEOUS
SEC. 4001. RATES AND CHARGES FOR NATURAL GAS.
(a) Hearing on Changed Rates or Charges.--Section 4(e) of
the Natural Gas Act (15 U.S.C. 717c(e)) is amended by
striking the third and fourth sentences and inserting the
following: ``Where changes in rates or charges are thus made
effective, the Commission may, by order, require the natural-
gas company to furnish a bond, to be approved by the
Commission, to refund any amounts ordered by the Commission,
to keep accurate accounts in detail of all amounts received
by reason of those changes, specifying by whom and in whose
behalf those amounts were paid, and, on completion of the
hearing and decision, to order the natural-gas company to
refund, with interest, the portion of those rates or charges
by its decision found not justified. At any hearing involving
a rate or charge sought to be changed, the burden of proof to
show that the changed rate or charge is just and reasonable
shall be on the natural-gas company, and the Commission shall
give to the hearing and decision of such questions preference
over other questions pending before the Commission and decide
the same as speedily as possible.''.
(b) Refunds.--Section 5 of the Natural Gas Act (15 U.S.C.
717d) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) inserting after subsection (a) the following:
``(b) Refunds.--
``(1) In general.--At the conclusion of any hearing under
this section in which refunds of amounts that have been paid
are required, the Commission shall order the natural-gas
company to make those refunds for the period beginning on the
refund effective date established under paragraph (3) and
ending on the date on which the new rate established by the
Commission under subsection (a) takes effect in amounts in
excess of those amounts that would have been paid under the
just and reasonable rate, charge, classification, rule,
regulation, practice, or contract that the Commission orders
to be observed and in force.
``(2) Requirement.--The refunds required under paragraph
(1) shall be made, with interest, to the persons who have
paid the rates or charges that are the subject of the
hearing.
``(3) Effective date.--
``(A) In general.--The Commission shall establish the
refund effective date in accordance with this paragraph.
``(B) Hearings initiated on complaint.--In the case of a
hearing initiated on a complaint, the refund effective date
shall be--
``(i) not earlier than the date on which the complaint was
filed; and
``(ii) not later than 150 days after that date.
``(C) Hearing initiated on motion of commission.--In the
case of a hearing initiated by the Commission on its own
motion, the refund effective date shall be--
``(i) not earlier than the date on which the Commission
publishes notice of the intent to initiate the hearing; and
``(ii) not later than 150 days after that date.
``(c) No Final Decision.--If the Commission has not
rendered a final decision for a hearing under this section by
the end of the 180-day period beginning on the date on which
the hearing is initiated, the Commission shall state--
``(1) the reasons why the Commission has failed to render a
decision; and
``(2) the best estimate of the Commission as to when the
Commission reasonably expects to render the decision.''.
(c) Effect.--
(1) In general.--The amendments made by subsections (a) and
(b) shall not apply to any proceeding under the Natural Gas
Act (15 U.S.C. 717 et seq.) commenced before the date of
enactment of this Act.
(2) Refiling without prejudice.--A proceeding under the
Natural Gas Act (15 U.S.C. 717 et seq.) commenced before the
date of enactment of this Act may be withdrawn and refiled
without prejudice.
(d) Study.--
(1) In general.--Not earlier than 3 years and not later
than 4 years after the date of enactment of this Act, the
Federal Energy Regulatory Commission shall conduct a study on
the effect of the amendments made by subsections (a) and (b).
(2) Requirements.--The study under paragraph (1) shall
include an analysis of--
(A) the impact, if any, of the amendments made by
subsections (a) and (b) on the cost of capital paid by
natural-gas companies (as defined in section 2 of the Natural
Gas Act (15 U.S.C. 717a));
(B) any change in the average time taken to resolve
proceedings under sections 4 and 5 of the Natural Gas Act (15
U.S.C. 717c, 717d); and
(C) such other matters as the Federal Energy Regulatory
Commission may determine to be appropriate and in the public
interest.
(3) Report.--On completion of the study under paragraph
(1), the Federal Energy Regulatory Commission shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy
[[Page S1304]]
and Commerce of the House of Representatives a report
describing the results of the study.
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