I 

112TH CONGRESS 

1ST SESSION H. R. 1696 

To establish an Office of Public Advocate within the Department of Justice 

to provide services and guidance to citizens in dealing with concerns 

involving the Federal Energy Regulatory Commission, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2011 

Mr. GERLACH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish an Office of Public Advocate within the Department of Justice to provide services and guidance to citizens in dealing with concerns involving the Federal Energy Regulatory Commission, 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 ‘‘Energy Regulatory 

5 Public Protection Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds that: 

3 (1) The Federal Energy Regulatory Commis4 sion is not adequately informing property owners 

5 and local officials on the certificate application ap6 proval process. 

7 (2) The current certificate application approval 

8 process at the Commission does not include ade9 quate State and local participation. 

10 (3) The current certificate application approval 

11 process at the Commission does not provide ade12 quate protections for local environmental resources. 

13 (4) An office of public advocate is necessary to 

14 properly represent the interests of property owners 

15 and other affected parties during the certificate ap16 plication approval process, and to properly inform 

17 property owners and other parties of their rights 

18 during the process, and to provide proper guidance 

19 to State and local officials during the process. 

20 SEC. 3. ESTABLISHMENT AND DUTIES. 

21 (a) ESTABLISHMENT AND DUTIES.—There is hereby 

22 established within the Department of Justice an office to 

23 be known as the ‘‘Office of Public Advocate’’. The office 

24 shall represent the interests of members of the general 

25 public affected by regulatory matters before the Federal 

26 Energy Regulatory Commission, other Commission-related 


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1 matters before (1) other Federal regulatory agencies, or 

2 (2) any court of competent jurisdiction. 

3 (b) SPECIFIC DUTIES.—The specific duties of the of4 fice are as follows: 

5 (1) To receive and assess comments from all in6 terested parties with respect to project applications 

7 before the Federal Energy Regulatory Commission. 

8 For purposes of this Act, the term ‘‘interested par9 ties’’ includes but shall not be limited to, individuals, 

10 municipalities, counties, States, or any other for11 profit or non-profit entity affected by any proposed 

12 project for which an application has been filed with 

13 the Commission. 

14 (2) To submit all such relevant and pertinent 

15 comments to the Federal Energy Regulatory Com16 mission, together with its findings and recommenda17 tions, regarding the outcome, terms, and conditions 

18 of an application for approval. 

19 (3) To review and assess applicant compliance 

20 with orders of the Federal Energy Regulatory Com21 mission and seek full compliance of such orders 

22 through the Federal Energy Regulatory Commission, 

23 or a court competent jurisdiction, where the appli24 cant fails to comply and such noncompliance is 


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1 harmful to the health, safety, and welfare of affected 

2 parties. 

3 (4) Within its sole discretion, undertake appeal 

4 of any Federal Energy Regulatory Commission order 

5 it deems appropriate where the order is harmful to 

6 the health, safety, or welfare of affected parties. 

7 (5) Submit an annual report to the Attorney 

8 General, the Federal Energy Regulatory Commis9 sion, and Congress regarding its actions and activi10 ties in the prior year, together with any rec11 ommendations for regulatory or statutory changes to 

12 more effectively achieve the goals, purposes, and 

13 functions of the office and the Federal Energy Reg14 ulatory Commission. 

Æ 


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