132 STAT. 3152 PUBLIC LAW 115–247—SEPT. 28, 2018 

Public Law 115–247 

115th Congress 

An Act 

To amend section 203 of the Federal Power Act. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CLARIFICATION OF FACILITY MERGER AUTHORIZATION. 

Section 203(a)(1) of the Federal Power Act (16 U.S.C. 824b(a)(1)) 

is amended by striking subparagraph (B) and inserting the following: 

‘‘(B) merge or consolidate, directly or indirectly, its facilities 

subject to the jurisdiction of the Commission, or any part 

thereof, with the facilities of any other person, or any part 

thereof, that are subject to the jurisdiction of the Commission 

and have a value in excess of $10,000,000, by any means 

whatsoever;’’. 

SEC. 2. NOTIFICATION FOR CERTAIN TRANSACTIONS. 

Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) 

is amended by adding at the end the following new paragraph: 

‘‘(7)(A) Not later than 180 days after the date of enactment 

of this paragraph, the Commission shall promulgate a rule 

requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of 

any other person, to notify the Commission of such transaction 

not later than 30 days after the date on which the transaction 

is consummated if— 

‘‘(i) the facilities, or any part thereof, to be acquired 

are of a value in excess of $1,000,000; and 

‘‘(ii) such public utility is not required to secure an 

order of the Commission under paragraph (1)(B). 

‘‘(B) In establishing any notification requirement under 

subparagraph (A), the Commission shall, to the maximum 

extent practicable, minimize the paperwork burden resulting 

from the collection of information.’’. 

SEC. 3. EFFECTIVE DATE. 

The amendment made by section 1 shall take effect 180 days 

after the date of enactment of this Act. 

SEC. 4. FEDERAL ENERGY REGULATORY COMMISSION REPORT. 

(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this Act, the Federal Energy Regulatory Commission 

shall submit to Congress a report that assesses the effects of the 

amendment made by section 1. 

16 USC 824b 

note. 

Deadlines. 

Regulations. 

Sept. 28, 2018 

[H.R. 1109] 


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PUBLIC LAW 115–247—SEPT. 28, 2018 132 STAT. 3153 

LEGISLATIVE HISTORY—H.R. 1109: 

HOUSE REPORTS: No. 115–167 (Comm. on Energy and Commerce). 

SENATE REPORTS: No. 115–253 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 163 (2017): June 12, considered and passed House. 

Vol. 164 (2018): Sept. 4, considered and passed Senate, amended. 

Sept. 13, House concurred in Senate amendment. 

Æ 

(b) REQUIREMENTS.—In preparing the report under subsection 

(a), the Federal Energy Regulatory Commission shall— 

(1) take into account any information collected under paragraph (7) of section 203(a) of the Federal Power Act (16 U.S.C. 

824b(a)) (as added by section 2); and 

(2) provide for public notice and comment with respect 

to the report. 

Approved September 28, 2018. 

Notice. 


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