I 

108TH CONGRESS 

1ST SESSION H. R. 1341

To prospectively repeal section 210 of the Public Utility Regulatory Policies 

Act of 1978, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2003

Mr. STEARNS (for himself, Mr. BURR, Mr. BILIRAKIS, Mr. TOWNS, Mr. 

DEUTSCH, Ms. CORRINE BROWN of Florida, Mr. MICA, and Mr. FERGUSON) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To prospectively repeal section 210 of the Public Utility 

Regulatory Policies Act of 1978, 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 ‘‘Ratepayer Protection 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that—

8 (1) implementation of section 210 of the Public 

9 Utility Regulatory Policies Act of 1978 (16 U.S.C. 
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1 824a–3) resulted in many consumers paying exces2 sive rates for electricity; 

3 (2) the Energy Policy Act of 1992 gives non4 regulated producers of electricity additional access to 

5 the wholesale electric market through transmission 

6 access and exemption from the Public Utility Hold7 ing Company Act of 1935; and 

8 (3) in light of the competitive wholesale electric 

9 marketplace brought about by the Energy Policy Act 

10 of 1992, and Federal Energy Regulatory Commis11 sion Orders No. 888 and 889, section 210 of the 

12 Public Utility Regulatory Policies Act of 1978 need 

13 no longer exist. 

14 SEC. 3. PROSPECTIVE REPEAL. 

15 (a) NEW CONTRACTS.—After the date of enactment 

16 of this Act, no electric utility shall be required to enter 

17 into a new contract or obligation to purchase or to sell 

18 electric energy or capacity pursuant to section 210 of the 

19 Public Utility Regulatory Policies Act of 1978. 

20 (b) EXISTING RIGHTS AND REMEDIES NOT AF21 FECTED.—Nothing in this section affects the rights or 

22 remedies of any party with respect to the purchase or sale 

23 of electric energy or capacity from or to a facility deter24 mined to be a qualifying small power production facility 

25 or a qualifying cogeneration facility under section 210 of 
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1 the Public Utility Regulatory Policies Act of 1978 pursu2 ant to any contract or obligation to purchase or to sell 

3 electric energy or capacity in effect on the date of enact4 ment of this Act including the right to recover the costs 

5 of purchasing such electric energy or capacity. 

6 (c) INTERPRETATIONS AND ACTIONS TAKEN.—Noth7 ing in this Act may be deemed or construed as implying 

8 congressional ratification of any interpretation of, or any 

9 action taken pursuant to, the Public Utility Regulatory 

10 Policies Act of 1978. 

11 SEC. 4. RECOVERY OF COSTS. 

12 In order to assure recovery by electric utilities pur13 chasing electric energy or capacity from a qualifying facil14 ity pursuant to any legally enforceable obligation entered 

15 into or imposed pursuant to section 210 of the Public Util16 ity Regulatory Policies Act of 1978 prior to the date of 

17 enactment of this Act of all costs associated with such pur18 chases, the Commission shall promulgate and enforce such 

19 regulations as may be required to assure that no utility 

20 shall be required directly or indirectly to absorb the costs 

21 associated with such purchases from a qualifying facility. 

22 Such regulations shall be treated as a rule enforceable 

23 under the Federal Power Act (16 U.S.C. 791a–825r). 

24 SEC. 5. DEFINITIONS. 

25 For purposes of this Act: 
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1 (1) The term ‘‘Commission’’ means the Federal 

2 Energy Regulatory Commission. 

3 (2) The term ‘‘electric utility’’ means any per4 son, State agency, or Federal agency, which sells 

5 electric energy. 

6 (3) The term ‘‘qualifying small power produc7 tion facility’’ has the same meaning as provided in 

8 section 3(17)(C) of the Federal Power Act. 

9 (4) The term ‘‘qualifying cogeneration facility’’ 

10 has the same meaning as provided in section 

11 3(18)(A) of the Federal Power Act. 

12 (5) The term ‘‘qualifying facility’’ means either 

13 a small power production facility or a qualifying co14 generation facility.

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