legislation: 105-s-2287
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| 105-s-2287 | 105 | s | 2287 | Comprehensive Electricity Competition Act | Energy | 1998-07-10 | 1998-07-20 | Star Print ordered on the bill as introduced. | Senate | Sen. Murkowski, Frank H. [R-AK] | AK | R | M001085 | 1 | TABLE OF CONTENTS: Title I: Retail Electric Service Title II: Facilitating State and Regional Regulation Title III: Public Benefits Title IV: Regulation of Mergers and Corporate Structure Title V: Electric Reliability Comprehensive Electricity Competition Act - Title I: Retail Electric Service - Amends the Public Utilities Regulatory Policies Act of 1978 (PURPA) to set a specified date by which each electric energy distribution facility is required to offer consumers open access to its facilities for electric energy sales (retail competition requirement). (Sec. 101) Authorizes a State regulatory authority to direct a distribution utility not to implement the retail competition requirement if it finds that implementation would have a negative impact upon a class of customers that cannot be reasonably mitigated. Authorizes a nonregulated distribution utility on its own to make the same determination. Requires a State regulatory authority that conducts a public proceeding before a distribution utility implements retail competition to consider recovery of stranded retail costs by such utility if the utility has taken reasonable steps to mitigate such costs. Authorizes any person to bring an action for noncompliance with this Act in State court against either a State regulatory authority, distribution utility, or a nonregulated distribution utility. (Sec. 102) Authorizes a State regulatory authority to prohibit any other distribution utility (and affiliate) located in the United States over which it does not have ratemaking authority from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility (reciprocity requirements). Grants the same authority to a nonregulated distribution utility. (Sec. 103) Prescribes guidelines for consumer information disclosure by an electric utility and attendant enforcement by State and Federal agencies. Title II: Facilitating State and Regional Regulation - Amends the Federal Power Act (FPA) to declare it does not preempt or otherwise affect any authority under State or local municipal law to: (1) require unbundled transmission and local distribution services for electric energy delivery directly to an ultimate consumer; or (2) impose a delivery charge on such consumer's receipt of electric energy. Retains the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over unbundled transmission in interstate commerce. (Sec. 201) Authorizes FERC to: (1) require public utilities and transmitting utilities to provide open access transmission services; (2) permit recovery of stranded costs arising from any requirement to provide open access transmission services; and (3) require the transmission of electric energy to an ultimate consumer if a notice of retail competition is in effect with respect to such consumer, or if a distribution utility offers such consumer open access to its delivery facilities. Prescribes guidelines for FERC's exercise of jurisdiction over rates, terms, and conditions for transmission services provided by a non-public transmitting utility. (Sec. 202) Grants the consent of the Congress to an interstate compact to establish a regional transmission planning agency subject to specified FERC determinations. (Sec. 203) Cites circumstances under which: (1) a State regulatory authority and specified distribution utilities may receive backup authority from FERC to impose a charge upon an ultimate consumer's receipt of electric energy; (2) FERC may order the establishment of an entity to independently operate and control interconnected transmission facilities; and (3) order a transmitting utility to relinquish to such entity operating control over its transmission facilities. Title III: Public Benefits - Amends PURPA to establish a Federal- State Joint Board Public Benefits Fund upon petition of States and tribal governments wishing to participate in a Federal program providing: (1) affordable electricity service to low-income customers; (2) implementation of energy conservation, efficiency, and management measures; (3) consumer education; and (4) development of emerging electricity generation technologies. Prescribes implementation guidelines, including mandatory payment of a public benefits charge to a transmitting utility by each owner of an electric generating facility whose capacity exceeds one megawatt. (Sec. 302) Sets a deadline by which a retail electric supplier shall submit to the Secretary of Energy (Secretary) Renewable Energy Credits equal to the required annual percentage (determined by the Secretary) of total electric energy sold by such supplier to electric consumers in the calendar year. Prescribes implementation guidelines. (Sec. 303) Requires each retail electric supplier to make available upon request net metering service to any retail electric consumer served or solicited by the supplier. Requires a distribution utility to permit the interconnection to its distribution system of an on-site generating facility if such facility meets Federal safety and power quality standards. Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. (Sec. 304) Declares that an electric utility shall no longer be required to enter into a new contract or obligation to purchase electric energy from cogeneration and small power production facilities. Title IV: Regulation of Mergers and Corporate Structure - Repeals the Public Utility Holding Company Act of 1935. (Sec. 401) Public Utility Holding Company Act of 1998 - Prescribes procedural guidelines for both FERC and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. Precludes such State access to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under PURPA. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the Government of the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines. (Sec. 402) Conditions electric company mergers and acquisitions upon prior FERC authorization. Subjects generation facilities to FERC jurisdiction. (Sec. 403) Requires FERC to order a public utility to submit a remedial action plan to remedy market power if: (1) FERC determines that there are markets in which a utility that owns or controls generation facilities has market power in electric energy sales for resale in interstate commerce; or (2), pursuant to State request for such an order, FERC determines that a generation facility-owning or - controlling electric utility has market power in retail electric energy sales in that State. Prescribes procedural guidelines. Title V: Electric Reliability - Grants FERC jurisdiction over the electric reliability organization, all system operators, and all users of the bulk-power system for purposes of approving and enforcing compliance with standards in the United States. Authorizes FERC to register an electric reliability organization and to approve and oversee its activities. (Sec. 501) Requires a bulk-power system user to comply with standards established by the North American Electric Reliability Council and regional reliability councils. Prescribes implementation guidelines for registration and establishment of standards for such organization. Authorizes the United States to enter into international agreements with the governments of Canada and Mexico to effectuate compliance. Requires every system operator to be a member of the electric reliability organization. Empowers such electric reliability organization to take disciplinary and enforcement action. Directs such organization to assess periodically the reliability and adequacy of the inter-connected bulk-power system in North America, and to report its findings and recommendations annually to FERC. (Sec. 502) Declares that any reliability standard developed by the reliability organization, and any actions taken in good faith to comply with a reliability standard under the FPA, are rebuttably presumed just and reasonable and not unduly discriminatory or preferential for purposes of that Act. Creates a rebuttable presumption of compliance with Federal anti- trust laws for activities conducted by the electric reliability organization or a member under the FPA. Title VI: Environmental Protection - Instructs the Administrator of the Environmental Protection Agency, in specified circumstances, to establish and administer an oxide of nitrogen (NOx) allowance cap and trade program in all States in which an NOx emission source is located. Prescribes program implementation guidelines. Title VII: Other Regulatory Provisions - Amends Federal bankruptcy law to: (1) grant priority status to obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission (NRC) regulations or orders governing the decontamination and decommissioning of licensed nuclear power reactors; and (2) prohibit discharge of such obligations and claims under State or Federal bankruptcy law. (Sec. 702) Amends the Department of Energy Organization Act to instruct the Administrator of the Energy Information Administration to collect and publish information regarding the impact of wholesale and retail competition upon the electric power industry. (Sec. 704) Eliminates the mandate for antitrust review by the NRC with respect to license applications to construct or operate a commercial utilization or production facility. | 2026-03-24T12:48:03Z |