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may assign the electric reliability organization’s authority
1
to enforce reliability standards directly to a regional entity
2
consistent with the requirements of this paragraph.
3
‘‘(4) The Commission may take such action as is nec-
4
essary or appropriate against the electric reliability organi-
5
zation or a regional entity to ensure compliance with a reli-
6
ability standard or any Commission order affecting the
7
electric reliability organization or a regional entity.
8
‘‘(f) C
HANGES IN
E
LECTRICITY
R
ELIALB1LITY
O
RGANI
-
9
ZATION
R
ULES
.—An electric reliability organization shall
10
file with the Commission for approval any proposed rule
11
or proposed rule change, accompanied by an explanation
12
of its basis and purpose. The Commission, upon its own
13
motion or complaint, may propose a change to the rules
14
of the electric reliability organization. A proposed rule or
15
proposed rule change shall take effect upon a finding by
16
the Commission, after notice and opportunity for comment,
17
that the change is just, reasonable, not unduly discrimina-
18
tory or preferential, is in the public interest, and satisfies
19
the requirements of subsection (c)(2).
20
‘‘(g) C
OORDINATION
W
ITH
C
ANADA AND
M
EXICO
.—(1)
21
The electric reliability organization shall take all appro-
22
priate steps to gain recognition in Canada and Mexico.
23
‘‘(2) The President shall use his best efforts to enter
24
into international agreements with the governments of Can-
25
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HR 6 EAS1S/PP
ada and Mexico to provide for effective compliance with re-
1
liability standards and the effectiveness of the electric reli-
2
ability organization in the United States and Canada or
3
Mexico.
4
‘‘(h) R
ELIABILITY
R
EPORTS
.—The electric reliability
5
organization shall conduct periodic assessments of the reli-
6
ability and adequacy of the interconnected bulk-power sys-
7
tem in North America.
8
‘‘(i) S
AVINGS
P
ROVISIONS
.—(1) The electric reliability
9
organization shall have authority to develop and enforce
10
compliance with standards for the reliable operation of only
11
the bulk-power system.
12
‘‘(2) This section does not provide the electric reli-
13
ability organization or the Commission with the authority
14
to order the construction of additional generation or trans-
15
mission capacity or to set and enforce compliance with
16
standards for adequacy or safety of electric facilities or serv-
17
ices.
18
‘‘(3) Nothing in this section shall be construed to pre-
19
empt any authority of any State to take action to ensure
20
the safety, adequacy, and reliability of electric service with-
21
in that State, as long as such action is not inconsistent
22
with any reliability standard.
23
‘‘(4) Within 90 days of the application of the electric
24
reliability organization or other affected party, and after
25
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HR 6 EAS1S/PP
notice and opportunity for comment, the Commission shall
1
issue a final order determining whether a State action is
2
inconsistent with a reliability standard, taking into consid-
3
eration any recommendation of the electric reliability orga-
4
nization.
5
‘‘(5) The Commission, after consultation with the elec-
6
tric reliability organization, may stay the effectiveness of
7
any State action, pending the Commission’s issuance of a
8
final order.
9
‘‘(j) A
PPLICATION OF
A
NTITRUST
L
AWS
.—
10
‘‘(1) I
N GENERAL
.—To the extent undertaken to
11
develop, implement, or enforce a reliability standard,
12
each of the following activities shall not, in any ac-
13
tion under the antitrust laws, be deemed illegal per
14
se—
15
‘‘(A) activities undertaken by an electric re-
16
liability organization under this section, and
17
‘‘(B) activities of a user or owner or oper-
18
ator of the bulk-power system undertaken in good
19
faith under the rules of an electric reliability or-
20
ganization.
21
‘‘(2) R
ULE OF
R
EASON
.—In any action under
22
the antitrust laws, an activity described in paragraph
23
(1) shall be judged on the basis of its reasonableness,
24
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HR 6 EAS1S/PP
taking into account all relevant factors affecting com-
1
petition and reliability.
2
‘‘(3) D
EFINITION
.—For purposes of this sub-
3
section, ‘antitrust laws’ has the meaning given the
4
term in subsection (a) of the first section of the Clay-
5
ton Act (15 U.S.C. 12(a)), except that it includes sec-
6
tion 5 of the Federal Trade Commission Act (15 U.
7
S.C. 45) to the extent that section 5 applies to unfair
8
methods of competition.
9
‘‘(k) R
EGIONAL
A
DVISORY
B
ODIES
.—The Commission
10
shall establish a regional advisory body on the petition of
11
at least two-thirds of the States within a region that have
12
more than one-half of their electric load served within the
13
region. A regional advisory body shall be composed of one
14
member from each participating State in the region, ap-
15
pointed by the Governor of each State, and may include
16
representatives of agencies, States, and provinces outside the
17
United States. A regional advisory body may provide ad-
18
vice to the electric reliability organization, a regional reli-
19
ability entity, or the Commission regarding the governance
20
of an existing or proposed regional reliability entity within
21
the same region, whether a standard proposed to apply
22
within the region is just, reasonable, not unduly discrimi-
23
natory or preferential, and in the public interest, whether
24
fees proposed to be assessed within the region are just, rea-
25
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HR 6 EAS1S/PP
sonable, not unduly discriminatory or preferential, and in
1
the public interest and any other responsibilities requested
2
by the Commission. The Commission may give deference to
3
the advice of any such regional advisory body if that body
4
is organized on an interconnection-wide basis.
5
‘‘(l) A
PPLICATION TO
A
LASKA AND
H
AWAII
.—The pro-
6
visions of this section do not apply to Alaska or Hawaii.’’.
7
SEC. 207. MARKET TRANSPARENCY RULES.
8
Part II of the Federal Power Act is further amended
9
by adding at the end the following:
10
‘‘SEC. 216. MARKET TRANSPARENCY RULES.
11
‘‘(a) C
OMMISSION
R
ULES
.—Not later than 180 days
12
after the date of enactment of this section, the Commission
13
shall issue rules establishing an electronic information sys-
14
tem to provide information about the availability and price
15
of wholesale electric energy and transmission services to the
16
Commission, State commissions, buyers and sellers of
17
wholesale electric energy, users of transmission services, and
18
the public on a timely basis.
19
‘‘(b) I
NFORMATION
R
EQUIRED
.—The Commission
20
shall require—
21
‘‘(1) each regional transmission organization to
22
provide statistical information about the available ca-
23
pacity and capacity constraints of transmission fa-
24
cilities operated by the organization; and
25
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HR 6 EAS1S/PP
‘‘(2) each broker, exchange, or other market-mak-
1
ing entity that matches offers to sell and offers to buy
2
wholesale electric energy in interstate commerce to
3
provide statistical information about the amount and
4
sale price of sales of electric energy at wholesale in
5
interstate commerce it transacts.
6
‘‘(c) T
IMELY
B
ASIS
.—The Commission shall require
7
the information required under subsection (b) to be posted
8
on the Internet as soon as practicable and updated as fre-
9
quently as practicable.
10
‘‘(d) P
ROTECTION OF
S
ENSITIVE
I
NFORMATION
.—The
11
Commission shall exempt from disclosure commercial or fi-
12
nancial information that the Commission, by rule or order,
13
determines to be privileged, confidential, or otherwise sen-
14
sitive.’’.
15
SEC. 208. ACCESS TO TRANSMISSION BY INTERMITTENT
16
GENERATORS.
17
Part II of the Federal Power Act is further amended
18
by adding at the end the following:
19
‘‘SEC. 217. ACCESS TO TRANSMISSION BY INTERMITTENT
20
GENERATORS.
21
‘‘(a) F
AIR
T
REATMENT OF
I
NTERMITTENT
G
ENERA
-
22
TORS
.—The Commission shall ensure that all transmitting
23
utilities provide transmission service to intermittent gen-
24
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HR 6 EAS1S/PP
erators in a manner that does not unduly prejudice or dis-
1
advantage such generators for characteristics that are—
2
‘‘(1) inherent to intermittent energy resources;
3
and
4
‘‘(2) are beyond the control of such generators.
5
‘‘(b) P
OLICIES
.—The Commission shall ensure that the
6
requirement in subsection (a) is met by adopting such poli-
7
cies as it deems appropriate which shall include the fol-
8
lowing:
9
‘‘(1) Subject to the sole exception set forth in
10
paragraph (2), the Commission shall ensure that the
11
rates transmitting utilities charge intermittent gener-
12
ator customers for transmission services do not un-
13
duly prejudice or disadvantage intermittent generator
14
customers for scheduling deviations.
15
‘‘(2) The Commission may exempt a transmit-
16
ting utility from the requirement set forth in para-
17
graph (1) if the transmitting utility demonstrates
18
that scheduling deviations by its intermittent gener-
19
ator customers are likely to have an adverse impact
20
on the reliability of the transmitting utility’s system.
21
‘‘(3) The Commission shall ensure that to the ex-
22
tent any transmission charges recovering the trans-
23
mitting utility’s embedded costs are assessed to such
24
intermittent generators, they are assessed to such gen-
25
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HR 6 EAS1S/PP
erators on the basis of kilowatt-hours generated or
1
some other method to ensure that they are fully recov-
2
ered by the transmitting utility.
3
‘‘(4) The Commission shall require transmitting
4
utilities to offer to intermittent generators, and may
5
require transmitting utilities to offer to all trans-
6
mission customers, access to nonfirm transmission
7
service.
8
‘‘(c) D
EFINITIONS
.—As used in this section:
9
‘‘(1) The term ‘intermittent generator’ means a
10
facility that generates electricity using wind or solar
11
energy and no other energy source.
12
‘‘(2) The term ‘nonfirm transmission service’
13
means transmission service provided on an ‘as avail-
14
able’ basis.
15
‘‘(3) The term ‘scheduling deviation’ means de-
16
livery of more or less energy than has previously been
17
forecast in a schedule submitted by an intermittent
18
generator to a control area operator or transmitting
19
utility.’’.
20
SEC. 209. ENFORCEMENT.
21
(a) C
OMPLAINTS
.—Section 306 of the Federal Power
22
Act (16 U.S.C. 825e) is amended by—
23
(1) inserting ‘‘electric utility,’’ after ‘‘Any per-
24
son,’’; and
25
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HR 6 EAS1S/PP
(2) inserting ‘‘transmitting utility,’’ after ‘‘li-
1
censee’’ each place it appears.
2
(b) I
NVESTIGATIONS
.—Section 307(a) of the Federal
3
Power Act (16 U.S.C. 825f(a)) is amended by inserting ‘‘or
4
transmitting utility’’ after ‘‘any person’’ in the first sen-
5
tence.
6
(c) R
EVIEW OF
C
OMMISSION
O
RDERS
.—Section 313(a)
7
of the Federal Power Act (16 U.S.C. 8251) is amended by
8
inserting ‘‘electric utility,’’ after ‘‘Any person,’’ in the first
9
sentence.
10
(d) C
RIMINAL
P
ENALTIES
.—Section 316(c) of the Fed-
11
eral Power Act (16 U.S.C. 825o(c)) is repealed.
12
(e) C
IVIL
P
ENALTIES
.—Section 316A of the Federal
13
Power Act (16 U.S.C. 825o–1) is amended by striking ‘‘sec-
14
tion 211, 212, 213, or 214’’ each place it appears and in-
15
serting ‘‘Part II’’.
16
SEC. 210. ELECTRIC POWER TRANSMISSION SYSTEMS.
17
The Federal Government should be attentive to electric
18
power transmission issues, including issues that can be ad-
19
dressed through policies that facilitate investment in, the
20
enhancement of, and the efficiency of electric power trans-
21
mission systems.
22
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HR 6 EAS1S/PP
Subtitle B—Amendments to the
1
Public Utility Holding Company
2
Act
3
SEC. 221. SHORT TITLE.
4
This subtitle may be cited as the ‘‘Public Utility Hold-
5
ing Company Act of 2003’’.
6
SEC. 222. DEFINITIONS.
7
For purposes of this subtitle:
8
(1) The term ‘‘affiliate’’ of a company means
9
any company, 5 percent or more of the outstanding
10
voting securities of which are owned, controlled, or
11
held with power to vote, directly or indirectly, by
12
such company.
13
(2) The term ‘‘associate company’’ of a company
14
means any company in the same holding company
15
system with such company.
16
(3) The term ‘‘Commission’’ means the Federal
17
Energy Regulatory Commission.
18
(4) The term ‘‘company’’ means a corporation,
19
partnership, association, joint stock company, busi-
20
ness trust, or any organized group of persons, whether
21
incorporated or not, or a receiver, trustee, or other
22
liquidating agent of any of the foregoing.
23
(5) The term ‘‘electric utility company’’ means
24
any company that owns or operates facilities used for
25
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HR 6 EAS1S/PP
the generation, transmission, or distribution of elec-
1
tric energy for sale.
2
(6) The terms ‘‘exempt wholesale generator’’ and
3
‘‘foreign utility company’’ have the same meanings as
4
in sections 32 and 33, respectively, of the Public Util-
5
ity Holding Company Act of 1935 (15 U.S.C. 79z–5a,
6
79z–5b), as those sections existed on the day before the
7
effective date of this subtitle.
8
(7) The term ‘‘gas utility company’’ means any
9
company that owns or operates facilities used for dis-
10
tribution at retail (other than the distribution only in
11
enclosed portable containers or distribution to tenants
12
or employees of the company operating such facilities
13
for their own use and not for resale) of natural or
14
manufactured gas for heat, light, or power.
15
(8) The term ‘‘holding company’’ means—
16
(A) any company that directly or indirectly
17
owns, controls, or holds, with power to vote, 10
18
percent or more of the outstanding voting securi-
19
ties of a public utility company or of a holding
20
company of any public utility company; and
21
(B) any person, determined by the Commis-
22
sion, after notice and opportunity for hearing, to
23
exercise directly or indirectly (either alone or
24
pursuant to an arrangement or understanding
25
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41
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