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

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115th CONGRESS
  2d Session
                                 S. 186

_______________________________________________________________________

                                 AN ACT

 
  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''.

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).''.

            Passed the Senate September 4, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                 S. 186

_______________________________________________________________________

                                 AN ACT

  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.
```