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operator of an on-site generating facility during a
1
billing period in accordance with normal metering
2
practices.
3
‘‘(3) E
LECTRIC ENERGY SUPPLIED EXCEEDING
4
ELECTRIC ENERGY GENERATED
.—If the quantity of
5
electric energy sold by the electric utility to an on-site
6
generating facility exceeds the quantity of electric en-
7
ergy supplied by the on-site generating facility to the
8
electric utility during the billing period, the electric
9
utility may bill the owner or operator for the net
10
quantity of electric energy sold, in accordance with
11
normal metering practices.
12
‘‘(4) E
LECTRIC ENERGY GENERATED EXCEEDING
13
ELECTRIC ENERGY SUPPLIED
.—If the quantity of elec-
14
tric energy supplied by the on-site generating facility
15
to the electric utility exceeds the quantity of electric
16
energy sold by the electric utility to the on-site gener-
17
ating facility during the billing period—
18
‘‘(A) the electric utility may bill the owner
19
or operator of the on-site generating facility for
20
the appropriate charges for the billing period in
21
accordance with paragraph (2); and
22
‘‘(B) the owner or operator of the on-site
23
generating facility shall be credited for the excess
24
kilowatt-hours generated during the billing pe-
25
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riod, with the kilowatt-hour credit appearing on
1
the bill for the following billing period.
2
‘‘(5) S
AFETY AND PERFORMANCE STANDARDS
.—
3
An eligible on-site generating facility and net meter-
4
ing system used by an electric consumer shall meet all
5
applicable safety, performance, reliability, and inter-
6
connection standards established by the National
7
Electrical Code, the Institute of Electrical and Elec-
8
tronics Engineers, and Underwriters Laboratories.
9
‘‘(6) A
DDITIONAL
CONTROL
AND
TESTING
RE
-
10
QUIREMENTS
.—The Commission, after consultation
11
with State regulatory authorities and nonregulated
12
electric utilities and after notice and opportunity for
13
comment, may adopt, by rule, additional control and
14
testing requirements for on-site generating facilities
15
and net metering systems that the Commission deter-
16
mines are necessary to protect public safety and sys-
17
tem reliability.
18
‘‘(7) D
EFINITIONS
.—For purposes of this sub-
19
section:
20
‘‘(A) The term ‘eligible on-site generating
21
facility’ means—
22
‘‘(i) a facility on the site of a residen-
23
tial electric consumer with a maximum gen-
24
erating capacity of 10 kilowatts or less that
25
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is fueled by solar energy, wind energy, or
1
fuel cells; or
2
‘‘(ii) a facility on the site of a commer-
3
cial electric consumer with a maximum
4
generating capacity of 500 kilowatts or less
5
that is fueled solely by a renewable energy
6
resource, landfill gas, or a high efficiency
7
system.
8
‘‘(B) The term ‘renewable energy resource’
9
means solar, wind, biomass, or geothermal en-
10
ergy.
11
‘‘(C) The term ‘high efficiency system’
12
means fuel cells or combined heat and power.
13
‘‘(D) The term ‘net metering service’ means
14
service to an electric consumer under which elec-
15
tric energy generated by that electric consumer
16
from an eligible on-site generating facility and
17
delivered to the local distribution facilities may
18
be used to offset electric energy provided by the
19
electric utility to the electric consumer during
20
the applicable billing period.’’.
21
Subtitle D—Consumer Protections
22
SEC. 251. INFORMATION DISCLOSURE.
23
(a) O
FFERS AND
S
OLICITATIONS
.—The Federal Trade
24
Commission shall issue rules requiring each electric utility
25
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that makes an offer to sell electric energy, or solicits electric
1
consumers to purchase electric energy to provide the electric
2
consumer
a
statement
containing
the
following
3
information—
4
(1) the nature of the service being offered, includ-
5
ing information about interruptibility of service;
6
(2) the price of the electric energy, including a
7
description of any variable charges;
8
(3) a description of all other charges associated
9
with the service being offered, including access
10
charges, exit charges, back-up service charges, strand-
11
ed cost recovery charges, and customer service charges;
12
and
13
(4) information the Federal Trade Commission
14
determines is technologically and economically fea-
15
sible to provide, is of assistance to electric consumers
16
in making purchasing decisions, and concerns—
17
(A) the product or its price;
18
(B) the share of electric energy that is gen-
19
erated by each fuel type; and
20
(C) the environmental emissions produced
21
in generating the electric energy.
22
(b) P
ERIODIC
B
ILLINGS
.—The Federal Trade Commis-
23
sion shall issue rules requiring any electric utility that sells
24
electric energy to transmit to each of its electric consumers,
25
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in addition to the information transmitted pursuant to sec-
1
tion 115(f) of the Public Utility Regulatory Policies Act of
2
1978 (16 U.S.C. 2625(f)), a clear and concise statement
3
containing the information described in subsection (a)(4)
4
for each billing period (unless such information is not rea-
5
sonably ascertainable by the electric utility).
6
SEC. 252. CONSUMER PRIVACY.
7
(a) P
ROHIBITION
.—The Federal Trade Commission
8
shall issue rules prohibiting any electric utility that obtains
9
consumer information in connection with the sale or deliv-
10
ery of electric energy to an electric consumer from using,
11
disclosing, or permitting access to such information unless
12
the electric consumer to whom such information relates pro-
13
vides prior written approval.
14
(b) P
ERMITTED
U
SE
.—The rules issued under this sec-
15
tion shall not prohibit any electric utility from using, dis-
16
closing, or permitting access to consumer information re-
17
ferred to in subsection (a) for any of the following
18
purposes—
19
(1) to facilitate an electric consumer’s change in
20
selection of an electric utility under procedures ap-
21
proved by the State or State regulatory authority;
22
(2) to initiate, render, bill, or collect for the sale
23
or delivery of electric energy to electric consumers or
24
for related services;
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(3) to protect the rights or property of the person
1
obtaining such information;
2
(4) to protect retail electric consumers from
3
fraud, abuse, and unlawful subscription in the sale or
4
delivery of electric energy to such consumers;
5
(5) for law enforcement purposes; or
6
(6) for purposes of compliance with any Federal,
7
State, or local law or regulation authorizing disclo-
8
sure of information to a Federal, State, or local agen-
9
cy.
10
(c) A
GGREGATE
C
ONSUMER
I
NFORMATION
.—The rules
11
issued under this subsection may permit a person to use,
12
disclose, and permit access to aggregate consumer informa-
13
tion and may require an electric utility to make such infor-
14
mation available to other electric utilities upon request and
15
payment of a reasonable fee.
16
(d) D
EFINITIONS
.—As used in this section:
17
(1) The term ‘‘aggregate consumer information’’
18
means collective data that relates to a group or cat-
19
egory of retail electric consumers, from which indi-
20
vidual consumer identities and characteristics have
21
been removed.
22
(2) The term ‘‘consumer information’’ means in-
23
formation that relates to the quantity, technical con-
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HR 6 EAS1S/PP
figuration, type, destination, or amount of use of elec-
1
tric energy delivered to any retail electric consumer.
2
SEC. 253. OFFICE OF CONSUMER ADVOCACY.
3
(a) D
EFINITIONS
.—In this section:
4
(1)
C
OMMISSION
.—The
term
‘‘Commission’’
5
means the Federal Energy Regulatory Commission.
6
(2) E
NERGY CUSTOMER
.—The term ‘‘energy cus-
7
tomer’’ means a residential customer or a small com-
8
mercial customer that receives products or services
9
from a public utility or natural gas company under
10
the jurisdiction of the Commission.
11
(3) N
ATURAL GAS COMPANY
.—The term ‘‘natural
12
gas company’’ has the meaning given the term in sec-
13
tion 2 of the Natural Gas Act (15 U.S.C. 717a), as
14
modified by section 601(a) of the Natural Gas Policy
15
Act of 1978 (15 U.S.C. 3431(a)).
16
(4) O
FFICE
.—The term ‘‘Office’’ means the Office
17
of Consumer Advocacy established by subsection
18
(b)(1).
19
(5) P
UBLIC UTILITY
.—The term ‘‘public utility’’
20
has the meaning given the term in section 201(e) of
21
the Federal Power Act (16 U.S.C. 824(e)).
22
(6) S
MALL COMMERCIAL CUSTOMER
.—The term
23
‘‘small commercial customer’’ means a commercial
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customer that has a peak demand of not more than
1
1,000 kilowatts per hour.
2
(b) O
FFICE
.—
3
(1) E
STABLISHMENT
.—There is established with-
4
in the Department of Justice the Office of Consumer
5
Advocacy.
6
(2) D
IRECTOR
.—The Office shall be headed by a
7
Director to be appointed by the President, by and
8
with the advice and consent of the Senate.
9
(3) D
UTIES
.—The Office may represent the in-
10
terests of energy customers on matters concerning
11
rates or service of public utilities and natural gas
12
companies
under
the
jurisdiction
of
the
13
Commission—
14
(A) at hearings of the Commission;
15
(B) in judicial proceedings in the courts of
16
the United States;
17
(C) at hearings or proceedings of other Fed-
18
eral regulatory agencies and commissions.
19
SEC. 254. UNFAIR TRADE PRACTICES.
20
(a) S
LAMMING
.—The Federal Trade Commission shall
21
issue rules prohibiting the change of selection of an electric
22
utility except with the informed consent of the electric con-
23
sumer.
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(b) C
RAMMING
.—The Federal Trade Commission shall
1
issue rules prohibiting the sale of goods and services to an
2
electric consumer unless expressly authorized by law or the
3
electric consumer.
4
SEC. 255. APPLICABLE PROCEDURES.
5
The Federal Trade Commission shall proceed in ac-
6
cordance with section 553 of title 5, United States Code,
7
when prescribing a rule required by this subtitle.
8
SEC. 256. FEDERAL TRADE COMMISSION ENFORCEMENT.
9
Violation of a rule issued under this subtitle shall be
10
treated as a violation of a rule under section 18 of the Fed-
11
eral Trade Commission Act (15 U.S.C. 57a) respecting un-
12
fair or deceptive acts or practices. All functions and powers
13
of the Federal Trade Commission under such Act are avail-
14
able to the Federal Trade Commission to enforce compliance
15
with this subtitle notwithstanding any jurisdictional limits
16
in such Act.
17
SEC. 257. STATE AUTHORITY.
18
Nothing in this subtitle shall be construed to preclude
19
a State or State regulatory authority from prescribing and
20
enforcing laws, rules, or procedures regarding the practices
21
which are the subject of this section.
22
SEC. 258. APPLICATION OF SUBTITLE.
23
The provisions of this subtitle apply to each electric
24
utility if the total sales of electric energy by such utility
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for purposes other than resale exceed 500 million kilowatt-
1
hours per calendar year. The provisions of this subtitle do
2
not apply to the operations of an electric utility to the ex-
3
tent that such operations relate to sales of electric energy
4
for purposes of resale.
5
SEC. 259. DEFINITIONS.
6
As used in this subtitle:
7
(1) The term ‘‘aggregate consumer information’’
8
means collective data that relates to a group or cat-
9
egory of electric consumers, from which individual
10
consumer identities and identifying characteristics
11
have been removed.
12
(2) The term ‘‘consumer information’’ means in-
13
formation that relates to the quantity, technical con-
14
figuration, type, destination, or amount of use of elec-
15
tric energy delivered to an electric consumer.
16
(3) The terms ‘‘electric consumer’’, ‘‘electric util-
17
ity’’, and ‘‘State regulatory authority’’ have the
18
meanings given such terms in section 3 of the Public
19
Utility Regulatory Policies Act of 1978 (16 U.S.C.
20
2602).
21
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Subtitle E—Renewable Energy and
1
Rural Construction Grants
2
SEC. 261. RENEWABLE ENERGY PRODUCTION INCENTIVE.
3
(a) I
NCENTIVE
P
AYMENTS
.—Section 1212(a) of the
4
Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is amended
5
by striking ‘‘and which satisfies’’ and all that follows
6
through ‘‘Secretary shall establish.’’ and inserting the fol-
7
lowing: ‘‘. The Secretary shall establish other procedures
8
necessary for efficient administration of the program. The
9
Secretary shall not establish any criteria or procedures that
10
have the effect of assigning to proposals a higher or lower
11
priority for eligibility or allocation of appropriated funds
12
on the basis of the energy source proposed.’’.
13
(b) Q
UALIFIED
R
ENEWABLE
E
NERGY
F
ACILITY
.—Sec-
14
tion 1212(b) of the Energy Policy Act of 1992 (42 U.S.C.
15
13317(b)) is amended—
16
(1) by striking ‘‘a State or any political’’ and
17
all that follows through ‘‘nonprofit electrical coopera-
18
tive’’ and inserting the following: ‘‘a nonprofit elec-
19
trical cooperative, a public utility described in section
20
115 of such Code, a State, Commonwealth, territory,
21
or possession of the United States or the District of
22
Columbia, or a political subdivision thereof, or an In-
23
dian tribal government or subdivision thereof,’’; and
24
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