I 

116TH CONGRESS 

2D SESSION H. R. 5718 

To establish a refund effective date for rates and charges under the Natural 

Gas Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2020 

Mr. BUTTERFIELD (for himself and Mr. LONG) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To establish a refund effective date for rates and charges 

under the Natural Gas Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Natural 

5 Gas Consumers from Overcharges Act of 2020’’. 

6 SEC. 2. FIXING RATES AND CHARGES, REFUND EFFECTIVE 

7 DATE. 

8 Section 5(a) of the Natural Gas Act (15 U.S.C. 

9 717d(a)) is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 5718 IH

1 (1) by striking ‘‘Whenever’’ and inserting ‘‘(1) 

2 Whenever’’; 

3 (2) by striking ‘‘had’’ and inserting ‘‘held’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(2) Any complaint or motion of the Commission to 

6 initiate a proceeding under this subsection shall state the 

7 change or changes to be made to the rate, charge, classi8 fication, rule, regulation, practice, or contract in force, 

9 and the reasons for any proposed change or changes there10 in. 

11 ‘‘(3) If, after review of any motion or complaint and 

12 answer under this subsection, the Commission shall decide 

13 to hold a hearing, it shall— 

14 ‘‘(A) fix by order the time and place of such 

15 hearing; and 

16 ‘‘(B) specify the issues to be adjudicated. 

17 ‘‘(4) Whenever the Commission institutes a pro18 ceeding under this subsection, the Commission shall estab19 lish a refund effective date as follows: 

20 ‘‘(A) In the case of a proceeding instituted on 

21 complaint, the refund effective date shall not be ear22 lier than the date of the filing of such complaint nor 

23 later than 5 months after the filing of such com24 plaint. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 5718 IH

1 ‘‘(B) In the case of a proceeding instituted by 

2 the Commission on its own motion, the refund effec3 tive date shall not be earlier than the date of the 

4 publication by the Commission of notice of its inten5 tion to initiate such proceeding nor later than 5 

6 months after the publication date. 

7 ‘‘(5) Upon institution of a proceeding under this sub8 section, the Commission shall give to the decision of such 

9 proceeding the same preference as provided under section 

10 4 and otherwise act as speedily as possible. 

11 ‘‘(6) If no final decision is rendered by the conclusion 

12 of the 180-day period commencing upon initiation of a 

13 proceeding pursuant to this subsection, the Commission 

14 shall— 

15 ‘‘(A) state the reasons why it has failed to 

16 render such decision; and 

17 ‘‘(B) state its best estimate as to when it rea18 sonably expects to make such decision. 

19 ‘‘(7) In any proceeding under this subsection, the 

20 burden of proof to show that any rate, charge, classifica21 tion, rule, regulation, practice, or contract is unjust, un22 reasonable, unduly discriminatory, or preferential shall be 

23 upon the Commission or the complainant. 

24 ‘‘(8) At the conclusion of any proceeding under this 

25 subsection, the Commission may order refunds— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 5718 IH

1 ‘‘(A) of any amounts paid, for the period subse2 quent to the refund effective date through a date fif3 teen months after such refund effective date, in ex4 cess of those which would have been paid under the 

5 just and reasonable rate, charge, classification, rule, 

6 regulation, practice, or contract which the Commis7 sion orders to be thereafter observed and in force: 

8 Provided, That if the proceeding is not concluded 

9 within fifteen months after the refund effective date 

10 and if the Commission determines at the conclusion 

11 of the proceeding that the proceeding was not re12 solved within the fifteen-month period primarily be13 cause of dilatory behavior by the natural gas com14 pany, the Commission may order refunds of any or 

15 all amounts paid for the period subsequent to the re16 fund effective date and prior to the conclusion of the 

17 proceeding; and 

18 ‘‘(B) be made, with interest, to those persons 

19 who have paid those rates or charges which are the 

20 subject of the proceeding.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS