```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 186 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 469
115th CONGRESS
  2d Session
                                 S. 186

                          [Report No. 115-278]

  To amend the Federal Power Act to provide that any inaction by the 
 Federal Energy Regulatory Commission that allows a rate change to go 
into effect shall be treated as an order by the Commission for purposes 
                     of rehearing and court review.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2017

  Mr. Markey (for himself, Ms. Warren, Mr. Whitehouse, and Mr. Reed) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                             June 18, 2018

              Reported by Ms. Murkowski, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To amend the Federal Power Act to provide that any inaction by the 
 Federal Energy Regulatory Commission that allows a rate change to go 
into effect shall be treated as an order by the Commission for purposes 
                     of rehearing and court review.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Ratepayer Accountability, 
Transparency, and Efficiency Standards Act'' or the ``Fair RATES Act''.

<DELETED>SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.</DELETED>

<DELETED>    Section 205(d) of the Federal Power Act (16 U.S.C. 
824d(d)) is amended by adding at the end the following: ``Any absence 
of action by the Commission that allows a change to take effect under 
this section (including the Commission allowing the 60 days of notice 
provided under this section to expire without Commission action) shall 
be considered to be an order issued by the Commission accepting the 
change for purposes of section 313.''.</DELETED>

SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.

    Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by 
adding at the end the following:
    ``(g) Inaction of Commissioners.--
            ``(1) In general.--If the Commission permits the expiration 
        of the 60-day period established under the first sentence of 
        subsection (d) because the members of the Commission are 
        divided two against two as to the lawfulness of the change, as 
        a result of vacancy, incapacity, or recusal on the Commission--
                    ``(A) the failure to act by the Commission shall be 
                considered to be an order issued by the Commission 
                accepting the change for purposes of section 313(a); 
                and
                    ``(B) there shall be added to the record of the 
                proceeding of the Commission--
                            ``(i) the proposed order;
                            ``(ii) notice of the division of the 
                        Commissioners with respect to the proposed 
                        order; and
                            ``(iii) the written statement of each 
                        member of the Commission explaining the views 
                        of the Commissioner with respect to the 
                        proposed order.
            ``(2) Appeal.--If any party to a proceeding of the 
        Commission described in paragraph (1) seeks a rehearing under 
        section 313(a) and the Commission fails to act on the merits of 
        the rehearing request by the date that is 30 days after the 
        date of the rehearing request because the members of the 
        Commission are divided two against two, as a result of vacancy, 
        incapacity, or recusal on the Commission, any party that sought 
        the rehearing may appeal under section 313(b).''.
                                                       Calendar No. 469

115th CONGRESS

  2d Session

                                 S. 186

                          [Report No. 115-278]

_______________________________________________________________________

                                 A BILL

  To amend the Federal Power Act to provide that any inaction by the 
 Federal Energy Regulatory Commission that allows a rate change to go 
into effect shall be treated as an order by the Commission for purposes 
                     of rehearing and court review.

_______________________________________________________________________

                             June 18, 2018

                       Reported with an amendment
```