II 

115TH CONGRESS 

1ST SESSION S. 1240 

To amend the Federal Power Act to establish an Office of Public Participation 

and Consumer Advocacy. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mrs. SHAHEEN (for herself, Mr. FRANKEN, Ms. WARREN, Ms. HASSAN, Mr. 

WYDEN, and Mr. WARNER) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Federal Power Act to establish an Office 

of Public Participation and Consumer Advocacy. 

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 ‘‘Public Engagement 

5 at FERC Act’’. 

6 SEC. 2. OFFICE OF PUBLIC PARTICIPATION AND CON7 SUMER ADVOCACY. 

8 Section 319 of the Federal Power Act (16 U.S.C. 

9 825q–1) is amended to read as follows: 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 1240 IS

1 ‘‘SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CON2 SUMER ADVOCACY. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi5 sory Committee’ means the Public and Consumer 

6 Advocacy Advisory Committee established under 

7 subsection (f)(1). 

8 ‘‘(2) ENERGY CUSTOMER.—The term ‘energy 

9 customer’ means a residential customer or a small 

10 commercial customer that receives products or serv11 ices from— 

12 ‘‘(A) a public utility or natural gas com13 pany under the jurisdiction of the Commission; 

14 or 

15 ‘‘(B) an electric cooperative (as defined in 

16 section 3 of the Federal Power Act (16 U.S.C. 

17 796)). 

18 ‘‘(3) NATURAL GAS COMPANY.—The term ‘nat19 ural gas company’ has the meaning given the term 

20 ‘natural-gas company’ in section 2 of the Natural 

21 Gas Act (15 U.S.C. 717a), as modified by section 

22 601(a)(1)(C) of the Natural Gas Policy Act of 1978 

23 (15 U.S.C. 3431(a)(1)(C)). 

24 ‘‘(4) OFFICE.—The term ‘Office’ means the Of25 fice of Public Participation and Consumer Advocacy 

26 established by subsection (b). 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 1240 IS

1 ‘‘(5) PUBLIC UTILITY.—The term ‘public util2 ity’ has the meaning given the term in section 

3 201(e). 

4 ‘‘(b) ESTABLISHMENT.—There is established within 

5 the Commission an office, to be known as the ‘Office of 

6 Public Participation and Consumer Advocacy’. 

7 ‘‘(c) DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—The Office shall be headed 

9 by a Director, to be appointed by the President by 

10 and with the advice and consent of the Senate from 

11 among individuals who— 

12 ‘‘(A) are licensed attorneys admitted to the 

13 bar of— 

14 ‘‘(i) any State; or 

15 ‘‘(ii) the District of Columbia; and 

16 ‘‘(B) have experience relating to public 

17 utility proceedings. 

18 ‘‘(2) DUTIES.—The Director shall coordinate 

19 assistance made available to— 

20 ‘‘(A) the public, with respect to authorities 

21 exercised by the Commission; and 

22 ‘‘(B) individuals and entities intervening or 

23 participating, or proposing to intervene or par24 ticipate, in proceedings before the Commission. 

25 ‘‘(3) COMPENSATION AND POWERS.— 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 1240 IS

1 ‘‘(A) COMPENSATION.—The Director shall 

2 be compensated at a rate equal to the daily 

3 equivalent of the annual rate of basic pay pre4 scribed for level IV of the Executive Schedule 

5 under section 5315 of title 5, United States 

6 Code. 

7 ‘‘(B) POWERS.—The Director may— 

8 ‘‘(i) employ at the Office— 

9 ‘‘(I) not more than 125 full-time 

10 professional employees at appropriate 

11 levels of the General Schedule; and 

12 ‘‘(II) such additional support 

13 personnel as the Director determines 

14 to be necessary; and 

15 ‘‘(ii) procure for the Office such tem16 porary and intermittent services as the Di17 rector determines to be necessary. 

18 ‘‘(d) POWERS OF OFFICE.—The Office may— 

19 ‘‘(1) intervene, appear, and participate, in ac20 cordance with this section, in administrative, regu21 latory, or judicial proceedings on behalf of energy 

22 customers with respect to any matter concerning the 

23 rates, charges, prices, tariffs, or service of public 

24 utilities and natural gas companies, or natural gas 

25 siting and infrastructure development, under the juVerDate Sep 11 2014 02:36 Jun 01, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240

lotter on DSKBCFDHB2PROD with BILLS
5 

•S 1240 IS

1 risdiction of the Commission by representing the in2 terests of the energy customers— 

3 ‘‘(A) on any matter before the Commission 

4 concerning rates or service of such a public util5 ity or natural gas company; or 

6 ‘‘(B) as amicus curiae in— 

7 ‘‘(i) a review in any United States 

8 court of a ruling by the Commission in 

9 such a matter; or 

10 ‘‘(ii) a hearing or proceeding in any 

11 other Federal regulatory agency or com12 mission relating to such a matter; 

13 ‘‘(2) support public participation in the siting 

14 and permitting of natural gas storage and distribu15 tion infrastructure under the jurisdiction of the 

16 Commission; 

17 ‘‘(3) monitor and review energy customer com18 plaints and grievances on matters concerning rates 

19 or service of public utilities and natural gas compa20 nies under the jurisdiction of the Commission; 

21 ‘‘(4) investigate independently, or within the 

22 context of a formal proceeding, the services provided 

23 by, the rates charged by, and the valuation of the 

24 properties of, public utilities and natural gas compa25 nies under the jurisdiction of the Commission; 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 1240 IS

1 ‘‘(5) employ means, such as public dissemina2 tion of information, consultative services, and tech3 nical assistance, to ensure, to the maximum extent 

4 practicable, that the interests of energy customers 

5 are adequately represented in the course of any 

6 hearing or proceeding described in paragraph (1); 

7 ‘‘(6) collect data concerning rates or service of 

8 public utilities and natural gas companies under the 

9 jurisdiction of the Commission; 

10 ‘‘(7) prepare and issue reports and rec11 ommendations; and 

12 ‘‘(8) take such other actions as the Director of 

13 the Office determines to be necessary to ensure just 

14 and reasonable rates for energy customers. 

15 ‘‘(e) INFORMATION FROM FEDERAL DEPARTMENTS

16 AND AGENCIES.— 

17 ‘‘(1) IN GENERAL.—The Director of the Office 

18 may secure directly from a Federal department or 

19 agency such information as the Director considers to 

20 be necessary to carry out this section. 

21 ‘‘(2) PROVISION OF INFORMATION.—On request 

22 of the Director under paragraph (1), the head of a 

23 Federal department or agency shall provide the in24 formation to the Office, to the extent practicable and 

25 authorized by law. 


lotter on DSKBCFDHB2PROD with BILLS
7 

•S 1240 IS

1 ‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVISORY

2 COMMITTEE.— 

3 ‘‘(1) ESTABLISHMENT.—The Director of the 

4 Office shall establish an advisory committee, to be 

5 known as the ‘Public and Consumer Advocacy Advi6 sory Committee’— 

7 ‘‘(A) to review rates, services, and dis8 putes; and 

9 ‘‘(B) to make recommendations to the Di10 rector. 

11 ‘‘(2) COMPOSITION.—The Advisory Committee 

12 shall— 

13 ‘‘(A) be composed of such members as the 

14 Director determines to be appropriate; but 

15 ‘‘(B) include not fewer than— 

16 ‘‘(i) 2 individuals representing State 

17 utility consumer advocates; and 

18 ‘‘(ii) 1 individual representing a non19 governmental organization that represents 

20 consumers. 

21 ‘‘(3) MEETINGS.—The Advisory Committee 

22 shall meet at such frequency as is required to carry 

23 out the duties of the Advisory Committee. 


lotter on DSKBCFDHB2PROD with BILLS
8 

•S 1240 IS

1 ‘‘(4) REPORTS.—The Director shall publish the 

2 recommendations of the Advisory Committee on the 

3 public Internet website established for the Office. 

4 ‘‘(5) DURATION.—Notwithstanding any other 

5 provision of law, the Advisory Committee shall con6 tinue in operation during the period for which the 

7 Office exists. 

8 ‘‘(6) APPLICATION OF FACA.—Except as other9 wise specifically provided, the Advisory Committee 

10 shall be subject to the Federal Advisory Committee 

11 Act (5 U.S.C. App.). 

12 ‘‘(g) REPORTS AND GUIDANCE.—As the Director of 

13 the Office determines to be appropriate, the Office shall 

14 issue to the Commission and entities subject to regulation 

15 by the Commission reports and guidance— 

16 ‘‘(1) regarding market practices; 

17 ‘‘(2) proposing improvements in Commission 

18 monitoring of market practices; and 

19 ‘‘(3) addressing potential improvements to in20 dustry and Commission practices. 

21 ‘‘(h) OUTREACH.—The Office shall promote, through 

22 outreach, publications, and, as appropriate, direct commu23 nication with entities regulated by the Commission— 

24 ‘‘(1) improved compliance with Commission 

25 rules and orders; and 


lotter on DSKBCFDHB2PROD with BILLS
9 

•S 1240 IS

1 ‘‘(2) public participation in the siting and per2 mitting of natural gas storage and distribution infra3 structure under the jurisdiction of the Commission. 

4 ‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS FOR

5 INTERVENTION OR PARTICIPATION.— 

6 ‘‘(1) DEFINITION OF ELIGIBLE RECIPIENT.—In 

7 this subsection, the term ‘eligible recipient’ means 

8 an individual or entity— 

9 ‘‘(A) that intervenes or participates in any 

10 proceeding before the Commission; 

11 ‘‘(B) the intervention or participation of 

12 which substantially contributed to the approval, 

13 in whole or in part, of a position advocated by 

14 the individual or entity in the proceeding; and 

15 ‘‘(C) that is— 

16 ‘‘(i) an individual; 

17 ‘‘(ii) an energy customer; or 

18 ‘‘(iii) a representative of the interests 

19 of energy customers. 

20 ‘‘(2) COMPENSATION.—Subject to paragraph 

21 (3), the Commission, in accordance with regulations 

22 promulgated by the Commission, may provide to any 

23 eligible recipient compensation for reasonable attor24 ney fees, expert witness fees, and other costs of inVerDate Sep 11 2014 02:36 Jun 01, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240

lotter on DSKBCFDHB2PROD with BILLS
10 

•S 1240 IS

1 tervening or participating in the applicable pro2 ceeding before the Commission. 

3 ‘‘(3) REQUIREMENT.—The Commission may 

4 only provide compensation under paragraph (2) if 

5 the Commission determines that— 

6 ‘‘(A) the applicable proceeding is signifi7 cant; 

8 ‘‘(B) the compensation is approved by the 

9 Advisory Committee; and 

10 ‘‘(C) the intervention or participation by 

11 the eligible recipient in the proceeding without 

12 receipt of compensation constitutes a significant 

13 financial hardship to the eligible recipient. 

14 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section re15 stricts or otherwise affects— 

16 ‘‘(1) any right or obligation of an intervenor, 

17 participant, State utility consumer advocate, energy 

18 customer, or group of energy customers under any 

19 other applicable provision of law (including regula20 tions); or 

21 ‘‘(2) the work of Commission trial staff in rep22 resenting the public interest and pursuing appro23 priate resolutions in contested matters before the 

24 Commission. 


lotter on DSKBCFDHB2PROD with BILLS
11 

•S 1240 IS

1 ‘‘(k) FUNDING.—Of the amounts received by the 

2 Commission for fiscal year 2017 and each fiscal year 

3 thereafter as a result of any fee imposed by the Commis4 sion, the Commission shall use such sums as are necessary 

5 to establish and provide for the operation of the Office 

6 under this section.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS