II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 186 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fair Ratepayer Ac3 countability, Transparency, and Efficiency Standards 

4 Act’’ or the ‘‘Fair RATES Act’’. 

5 SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT. 

6 Section 205(d) of the Federal Power Act (16 U.S.C. 

7 824d(d)) is amended by adding at the end the following: 

8 ‘‘Any absence of action by the Commission that allows a 

9 change to take effect under this section (including the 

10 Commission allowing the 60 days of notice provided under 

11 this section to expire without Commission action) shall be 

12 considered to be an order issued by the Commission ac13 cepting the change for purposes of section 313.’’. 

14 SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT. 

15 Section 205 of the Federal Power Act (16 U.S.C. 824d) 

16 is amended by adding at the end the following: 

17 ‘‘(g) INACTION OF COMMISSIONERS.— 

18 ‘‘(1) IN GENERAL.—If the Commission permits 

19 the expiration of the 60–day period established under 

20 the first sentence of subsection (d) because the mem21 bers of the Commission are divided two against two 

22 as to the lawfulness of the change, as a result of va23 cancy, incapacity, or recusal on the Commission— 

24 ‘‘(A) the failure to act by the Commission 

25 shall be considered to be an order issued by the 


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1 Commission accepting the change for purposes of 

2 section 313(a); and 

3 ‘‘(B) there shall be added to the record of 

4 the proceeding of the Commission— 

5 ‘‘(i) the proposed order; 

6 ‘‘(ii) notice of the division of the Com7 missioners with respect to the proposed 

8 order; and 

9 ‘‘(iii) the written statement of each 

10 member of the Commission explaining the 

11 views of the Commissioner with respect to 

12 the proposed order. 

13 ‘‘(2) APPEAL.—If any party to a proceeding of 

14 the Commission described in paragraph (1) seeks a 

15 rehearing under section 313(a) and the Commission 

16 fails to act on the merits of the rehearing request by 

17 the date that is 30 days after the date of the rehearing 

18 request because the members of the Commission are 

19 divided two against two, as a result of vacancy, inca20 pacity, or recusal on the Commission, any party that 

21 sought the rehearing may appeal under section 

22 313(b).’’. 


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Calendar No. 469 

115TH CONGRESS 

2D SESSION S. 186 

[Report No. 115–278] 

A BILL 

To amend the Federal Power Act to provide that 

view. mission for purposes of rehearing and court reeffect shall be treated as an order by the ComCommission that allows a rate change to go into any inaction by the Federal Energy Regulatory 

JUNE 18, 2018 

Reported with an amendment 


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