II 

Calendar No. 420 

115TH CONGRESS 

2D SESSION H. R. 1109 

[Report No. 115–253] 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2017 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

MAY 21, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To amend section 203 of the Federal Power Act. 

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

3 SECTION 1. CLARIFICATION OF FACILITY MERGER AU4 THORIZATION. 

5 Section 203(a)(1)(B) of the Federal Power Act (16 

6 U.S.C. 824b(a)(1)(B)) is amended by striking ‘‘such facili7 ties or any part thereof’’ and inserting ‘‘such facilities, or 

8 any part thereof, of a value in excess of $10,000,000’’. 


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•HR 1109 RS

1 SEC. 2. NOTIFICATION FOR CERTAIN TRANSACTIONS. 

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

3 824b(a)) is amended by adding at the end the following 

4 new paragraph: 

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

6 of enactment of this paragraph, the Commission 

7 shall promulgate a rule requiring any public utility 

8 that is seeking to merge or consolidate, directly or 

9 indirectly, its facilities subject to the jurisdiction of 

10 the Commission, or any part thereof, with those of 

11 any other person, to notify the Commission of such 

12 transaction not later than 30 days after the date on 

13 which the transaction is consummated if— 

14 ‘‘(i) such facilities, or any part thereof, are 

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

16 ‘‘(ii) such public utility is not required to 

17 secure an order of the Commission under para18 graph (1)(B). 

19 ‘‘(B) In establishing any notification require20 ment under subparagraph (A), the Commission 

21 shall, to the maximum extent practicable, minimize 

22 the paperwork burden resulting from the collection 

23 of information.’’. 

24 SEC. 3. EFFECTIVE DATE. 

25 The amendment made by section 1 shall take effect 

26 180 days after the date of enactment of this Act. 


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•HR 1109 RS

1 SECTION 1. CLARIFICATION OF FACILITY MERGER AUTHOR2 IZATION. 

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

4 824b(a)(1)) is amended by striking subparagraph (B) and 

5 inserting the following: 

6 ‘‘(B) merge or consolidate, directly or indirectly, 

7 its facilities subject to the jurisdiction of the Commis8 sion, or any part thereof, with the facilities of any 

9 other person, or any part thereof, that are subject to 

10 the jurisdiction of the Commission and have a value 

11 in excess of $10,000,000, by any means whatsoever;’’. 

12 SEC. 2. NOTIFICATION FOR CERTAIN TRANSACTIONS. 

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

14 824b(a)) is amended by adding at the end the following new 

15 paragraph: 

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

17 of enactment of this paragraph, the Commission shall 

18 promulgate a rule requiring any public utility that is 

19 seeking to merge or consolidate, directly or indirectly, 

20 its facilities subject to the jurisdiction of the Commis21 sion, or any part thereof, with those of any other per22 son, to notify the Commission of such transaction not 

23 later than 30 days after the date on which the trans24 action is consummated if— 


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•HR 1109 RS

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

2 acquired are of a value in excess of $1,000,000; 

3 and 

4 ‘‘(ii) such public utility is not required to 

5 secure an order of the Commission under para6 graph (1)(B). 

7 ‘‘(B) In establishing any notification require8 ment under subparagraph (A), the Commission shall, 

9 to the maximum extent practicable, minimize the pa10 perwork burden resulting from the collection of infor11 mation.’’. 

12 SEC. 3. EFFECTIVE DATE. 

13 The amendment made by section 1 shall take effect 180 

14 days after the date of enactment of this Act. 

15 SEC. 4. FEDERAL ENERGY REGULATORY COMMISSION RE16 PORT. 

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

18 date of enactment of this Act, the Federal Energy Regu19 latory Commission shall submit to Congress a report that 

20 assesses the effects of the amendment made by section 1. 

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

22 subsection (a), the Federal Energy Regulatory Commission 

23 shall— 

24 (1) take into account any information collected 

25 under paragraph (7) of section 203(a) of the Federal 


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•HR 1109 RS

1 Power Act (16 U.S.C. 824b(a)) (as added by section 

2 2); and 

3 (2) provide for public notice and comment with 

4 respect to the report. 


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Calendar No. 420 

115TH CONGRESS 

2D SESSION H. R. 1109 

[Report No. 115–253] 

AN ACT 

To amend section 203 of the Federal Power Act. 

MAY 21, 2018 

Reported with an amendment 


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