[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1332-S1333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1387. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her 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 of title II, add the following:
Subtitle D--Federal Energy Regulatory Commission
SEC. 24__. OFFICE OF PUBLIC PARTICIPATION AND CONSUMER
ADVOCACY.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended to read as follows:
``SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CONSUMER
ADVOCACY.
``(a) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee'
means the Public and Consumer Advocacy Advisory Committee
established under subsection (f)(1).
``(2) Director.--The term `Director' means the Director of
the Office appointed under subsection (c)(1).
``(3) Energy customer.--The term `energy customer' means a
residential customer or a small commercial customer that
receives products or services from--
``(A) a public utility or natural gas company under the
jurisdiction of the Commission; or
``(B) an electric cooperative.
``(4) Natural gas company.--The term `natural gas company'
has the meaning given the term `natural-gas company' in
section 2 of the Natural Gas Act (15 U.S.C. 717a), as
modified by section 601(a)(1)(C) of the Natural Gas Policy
Act of 1978 (15 U.S.C. 3431(a)(1)(C)).
``(5) Office.--The term `Office' means the Office of Public
Participation and Consumer Advocacy established by subsection
(b).
``(b) Establishment.--There is established within the
Commission an office, to be known as the `Office of Public
Participation and Consumer Advocacy'.
``(c) Director.--
``(1) In general.--The Office shall be headed by a
Director, to be appointed by the Secretary of Energy from
among individuals who--
``(A) are licensed attorneys admitted to the bar of--
``(i) any State; or
``(ii) the District of Columbia; and
``(B) have experience relating to public utility
proceedings.
``(2) Duties.--The Director shall coordinate assistance
made available to--
``(A) the public, with respect to authorities exercised by
the Commission; and
``(B) individuals and entities intervening or
participating, or proposing to intervene or participate, in
proceedings before the Commission.
``(3) Compensation and powers.--
``(A) Compensation.--The Director shall be compensated at a
rate equal to the daily equivalent of the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
``(B) Powers.--The Director may--
``(i) employ at the Office--
``(I) not more than 125 full-time professional employees at
appropriate levels of the General Schedule; and
``(II) such additional support personnel as the Director
determines to be necessary; and
``(ii) procure for the Office such temporary and
intermittent services as the Director determines to be
necessary.
``(d) Powers of Office.--The Office may--
``(1) intervene, appear, and participate, in accordance
with this section, in administrative, regulatory, or judicial
proceedings on behalf of energy customers with respect to any
matter concerning natural gas siting and infrastructure
development under the jurisdiction of the Commission or the
rates, charges, prices, tariffs, or service of public
utilities and natural gas companies under the jurisdiction of
the Commission by representing the interests of the energy
customers--
``(A) on any matter before the Commission concerning rates
or service of such a public utility or natural gas company;
or
``(B) as amicus curiae in--
``(i) a review in any United States court of a ruling by
the Commission in such a matter; or
``(ii) a hearing or proceeding in any other Federal
regulatory agency or commission relating to such a matter;
``(2) support public participation in the siting and
permitting of natural gas storage and distribution
infrastructure under the jurisdiction of the Commission;
``(3) monitor and review energy customer complaints and
grievances on matters concerning rates or service of public
utilities and natural gas companies under the jurisdiction of
the Commission;
``(4) employ means, such as public dissemination of
information, consultative services, and technical assistance,
to ensure, to the maximum extent practicable, that the
interests of energy customers are adequately represented in
the course of any hearing or proceeding described in
paragraph (1);
``(5) collect data concerning rates or service of public
utilities and natural gas companies under the jurisdiction of
the Commission;
``(6) prepare and issue reports and recommendations; and
``(7) take such other actions as the Director determines to
be necessary to ensure just and reasonable rates for energy
customers.
``(e) Information From Federal Departments and Agencies.--
``(1) In general.--The Director may secure directly from a
Federal department or agency such information as the Director
considers to be necessary to carry out this section.
``(2) Provision of information.--On request of the Director
under paragraph (1), the head of a Federal department or
agency shall, to the extent practicable and authorized by
law, provide the information to the Office.
``(f) Public and Consumer Advocacy Advisory Committee.--
``(1) Establishment.--The Director shall establish an
advisory committee, to be known as the `Public and Consumer
Advocacy Advisory Committee'--
``(A) to review rates, services, and disputes; and
``(B) to make recommendations to the Director.
``(2) Composition.--The Advisory Committee shall--
``(A) be composed of such members as the Director
determines to be appropriate; but
``(B) include not fewer than--
``(i) 2 individuals representing State utility consumer
advocates; and
``(ii) 1 individual representing a nongovernmental
organization that represents consumers.
``(3) Meetings.--The Advisory Committee shall meet at such
frequency as is required to carry out the duties of the
Advisory Committee.
``(4) Reports.--The Director shall publish the
recommendations of the Advisory Committee on the public
internet website established for the Office.
``(5) Duration.--Notwithstanding any other provision of
law, the Advisory Committee shall continue in operation
during the period for which the Office exists.
``(6) Application of faca.--Except as otherwise
specifically provided, the Advisory Committee shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
``(g) Reports and Guidance.--As the Director determines to
be appropriate, the Office shall issue to the Commission and
entities subject to regulation by the Commission reports and
guidance--
``(1) regarding market practices;
``(2) proposing improvements in Commission monitoring of
market practices; and
``(3) addressing potential improvements to industry and
Commission practices.
``(h) Outreach.--The Office shall promote, through
outreach, publications, and, as appropriate, direct
communication with entities regulated by the Commission--
``(1) improved compliance with Commission rules and orders;
and
``(2) public participation in the siting and permitting of
natural gas storage and distribution infrastructure under the
jurisdiction of the Commission.
``(i) Compensation to Eligible Recipients for Intervention
or Participation.--
[[Page S1333]]
``(1) Definition of eligible recipient.--In this
subsection, the term `eligible recipient' means an individual
or entity--
``(A) that intervenes or participates in any proceeding
before the Commission;
``(B) the intervention or participation of which
substantially contributed to the approval, in whole or in
part, of a position advocated by the individual or entity in
the proceeding; and
``(C) that is--
``(i) an individual;
``(ii) an energy customer; or
``(iii) a representative of the interests of energy
customers.
``(2) Compensation.--Subject to paragraph (3), the
Commission, in accordance with regulations promulgated by the
Commission, may provide to any eligible recipient
compensation for reasonable attorney fees, expert witness
fees, and other costs of intervening or participating in the
applicable proceeding before the Commission.
``(3) Requirement.--The Commission may only provide
compensation under paragraph (2) if the Commission determines
that--
``(A) the applicable proceeding is significant;
``(B) the compensation is approved by the Advisory
Committee; and
``(C) the intervention or participation by the eligible
recipient in the proceeding without receipt of compensation
constitutes a significant financial hardship to the eligible
recipient.
``(j) Savings Clause.--Nothing in this section restricts or
otherwise affects--
``(1) any right or obligation of an intervenor,
participant, State utility consumer advocate, energy
customer, or group of energy customers under any other
applicable provision of law (including regulations); or
``(2) the work of Commission trial staff in representing
the public interest and pursuing appropriate resolutions in
contested matters before the Commission.
``(k) Funding.--Of the amounts received by the Commission
for fiscal year 2020 and each fiscal year thereafter as a
result of any fee imposed by the Commission, the Commission
shall use such sums as are necessary to establish and provide
for the operation of the Office under this section.''.
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