I 

118TH CONGRESS 

2D SESSION H. R. 10018 

To require retail electric utilities to notify electric consumers of rate increases, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 18, 2024 

Mr. VAN DREW introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require retail electric utilities to notify electric consumers 

of rate increases, 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 Our Wallets 

5 from Excessive Rates Act’’ or the ‘‘POWER Act’’. 

6 SEC. 2. NOTIFICATION REQUIREMENTS FOR PLANNED 

7 RATE INCREASES. 

8 (a) PUBLIC NOTIFICATION AND JUSTIFICATION RE9 QUIREMENT.— 


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1 (1) NOTIFICATION TO ELECTRIC CONSUMERS.— 

2 A retail electric utility that intends to increase any 

3 rate applicable to electric consumers shall, in accord4 ance with this subsection, provide notification to 

5 electric consumers that will be impacted by the rate 

6 increase at least 30 days prior to implementing the 

7 rate increase. 

8 (2) CONTENT OF NOTIFICATION.—A notifica9 tion provided under paragraph (1) shall include the 

10 following: 

11 (A) A clear statement of the percentage of 

12 the rate increase. 

13 (B) A detailed breakdown of the reasons 

14 and justifications for the rate increase. 

15 (C) An explanation of how the increased 

16 rate will impact the average electric consumer’s 

17 bill. 

18 (D) Information on how electric consumers 

19 can provide feedback or file a complaint regard20 ing the rate increase. 

21 (3) METHODS OF NOTIFICATION.—A retail elec22 tric utility shall provide notification under paragraph 

23 (1) using multiple communication channels to en24 sure, to the extent feasible, that all impacted electric 

25 consumers are provided such notification, including 


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1 by providing notification by direct mail or email to 

2 such electric consumers, posting the notification on 

3 the retail electric utility’s official website, and pub4 lishing the notification in local newspapers and other 

5 local media outlets. 

6 (4) PENALTIES FOR NON-COMPLIANCE.— 

7 (A) IN GENERAL.—A retail electric utility 

8 that violates or fails or refuses to comply with 

9 the notification requirement under paragraph 

10 (1)— 

11 (i) shall be subject to a civil penalty 

12 in an amount not to exceed $10,000; and 

13 (ii) may not implement the applicable 

14 rate increase until such notification re15 quirement is met. 

16 (B) ASSESSMENT.—A penalty under sub17 paragraph (A) shall be assessed by the Federal 

18 Energy Regulatory Commission after notice and 

19 opportunity for public hearing. In determining 

20 the amount of such a penalty, the Commission 

21 shall take into consideration the nature and se22 riousness of the violation, failure, or refusal and 

23 the efforts of the retail electric utility to remedy 

24 the violation, failure, or refusal in a timely 

25 manner. 


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•HR 10018 IH

1 (b) DEPARTMENT OF ENERGY NOTIFICATION RE2 QUIREMENT.— 

3 (1) NOTIFICATION.—A retail electric utility 

4 shall submit to the Secretary of Energy a notifica5 tion of any planned rate increase of 5 percent or 

6 more for any rate applicable to electric consumers, 

7 at least 60 days prior to the implementation of such 

8 rate increase. 

9 (2) CONTENT OF NOTIFICATION.—A notifica10 tion submitted under paragraph (1) shall include— 

11 (A) identification of the percentage by 

12 which the rate will be increased; 

13 (B) a comprehensive justification for such 

14 rate increase, including cost drivers and finan15 cial impact; 

16 (C) an assessment of the potential impacts 

17 on electric consumers; and 

18 (D) any proposed mitigation measures to 

19 be taken by the retail electric utility. 

20 (3) PRE-IMPLEMENTATION REVIEW BY DOE.— 

21 The Secretary of Energy shall— 

22 (A) upon receiving a notification under this 

23 subsection, review the justification described in 

24 paragraph (2)(B); and 


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1 (B) not later than 30 days after receiving 

2 a notification under this subsection, publish a 

3 report on the Secretary’s findings regarding the 

4 applicable planned rate increase, including— 

5 (i) an assessment of the potential im6 pacts on electric consumers; and 

7 (ii) any recommendations— 

8 (I) for adjustments to the 

9 planned rate increase; 

10 (II) on ways to mitigate the im11 pacts of the rate increase on electric 

12 consumers, including— 

13 (aa) phasing in price in14 creases; and 

15 (bb) financial aid options for 

16 electric consumers; and 

17 (III) for how the retail electric 

18 utility can improve or increase effi19 ciency to avoid future rate increases. 

20 (4) MONITORING BY DOE.—The Secretary of 

21 Energy shall, after a rate increase described in para22 graph (1) is implemented, monitor the impacts of 

23 such rate increase on the market and on electric 

24 consumers to evaluate if the rate increase has had 


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1 the impacts described in paragraph (3)(B) and if 

2 further action is needed. 

3 (c) DEFINITIONS.—In this section: 

4 (1) ELECTRIC CONSUMER.—The term ‘‘electric 

5 consumer’’ has the meaning given such term in sec6 tion 3(5) of the Public Utility Regulatory Policies 

7 Act of 1978 (16 U.S.C. 2602(5)). 

8 (2) ELECTRIC UTILITY.—The term ‘‘electric 

9 utility’’ has the meaning given such term in section 

10 3(4) of the Public Utility Regulatory Policies Act of 

11 1978 (16 U.S.C. 2602(4)). 

12 (3) RETAIL ELECTRIC UTILITY.—The term ‘‘re13 tail electric utility’’ means an electric utility that 

14 sells electric energy for purposes other than resale. 

Æ 


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