I 

116TH CONGRESS 

1ST SESSION H. R. 3240 

To amend the Federal Power Act to establish an Office of Public Participation 

and Consumer Advocacy. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2019 

Ms. SCHAKOWSKY (for herself, Mr. KENNEDY, Ms. KUSTER of New Hampshire, and Mr. LYNCH) introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To amend the Federal Power Act to establish an Office 

of Public Participation and Consumer Advocacy. 

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 ‘‘Public Engagement 

5 at FERC Act’’. 

6 SEC. 2. OFFICE OF PUBLIC PARTICIPATION AND CON7 SUMER ADVOCACY. 

8 Section 319 of the Federal Power Act (16 U.S.C. 

9 825q–1) is amended to read as follows: 


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1 ‘‘SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CON2 SUMER ADVOCACY. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi5 sory Committee’ means the Public and Consumer 

6 Advocacy Advisory Committee established under 

7 subsection (f)(1). 

8 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

9 the Director of the Office appointed under sub10 section (c)(1). 

11 ‘‘(3) ENERGY CUSTOMER.—The term ‘energy 

12 customer’ means a residential customer or a small 

13 commercial customer that receives products or serv14 ices from— 

15 ‘‘(A) a public utility or natural gas com16 pany under the jurisdiction of the Commission; 

17 or 

18 ‘‘(B) an electric cooperative. 

19 ‘‘(4) NATURAL GAS COMPANY.—The term ‘nat20 ural gas company’ has the meaning given the term 

21 ‘natural-gas company’ in section 2 of the Natural 

22 Gas Act (15 U.S.C. 717a), as modified by section 

23 601(a)(1)(C) of the Natural Gas Policy Act of 1978 

24 (15 U.S.C. 3431(a)(1)(C)). 


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1 ‘‘(5) OFFICE.—The term ‘Office’ means the Of2 fice of Public Participation and Consumer Advocacy 

3 established by subsection (b). 

4 ‘‘(b) ESTABLISHMENT.—There is established within 

5 the Commission an office, to be known as the ‘Office of 

6 Public Participation and Consumer Advocacy’. 

7 ‘‘(c) DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—The Office shall be headed 

9 by a Director, to be appointed by the Secretary of 

10 Energy from among individuals who— 

11 ‘‘(A) are licensed attorneys admitted to the 

12 bar of— 

13 ‘‘(i) any State; or 

14 ‘‘(ii) the District of Columbia; and 

15 ‘‘(B) have experience relating to public 

16 utility proceedings. 

17 ‘‘(2) DUTIES.—The Director shall coordinate 

18 assistance made available to— 

19 ‘‘(A) the public, with respect to authorities 

20 exercised by the Commission; and 

21 ‘‘(B) individuals and entities intervening or 

22 participating, or proposing to intervene or par23 ticipate, in proceedings before the Commission. 

24 ‘‘(3) COMPENSATION AND POWERS.— 


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1 ‘‘(A) COMPENSATION.—The Director shall 

2 be compensated at a rate equal to the daily 

3 equivalent of the annual rate of basic pay pre4 scribed for level IV of the Executive Schedule 

5 under section 5315 of title 5, United States 

6 Code. 

7 ‘‘(B) POWERS.—The Director may— 

8 ‘‘(i) employ at the Office— 

9 ‘‘(I) not more than 125 full-time 

10 professional employees at appropriate 

11 levels of the General Schedule; and 

12 ‘‘(II) such additional support 

13 personnel as the Director determines 

14 to be necessary; and 

15 ‘‘(ii) procure for the Office such tem16 porary and intermittent services as the Di17 rector determines to be necessary. 

18 ‘‘(d) POWERS OF OFFICE.—The Office may— 

19 ‘‘(1) intervene, appear, and participate, in ac20 cordance with this section, in administrative, regu21 latory, or judicial proceedings on behalf of energy 

22 customers with respect to any matter concerning 

23 natural gas siting and infrastructure development 

24 under the jurisdiction of the Commission or the 

25 rates, charges, prices, tariffs, or service of public 


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1 utilities and natural gas companies under the juris2 diction of the Commission by representing the inter3 ests of the energy customers— 

4 ‘‘(A) on any matter before the Commission 

5 concerning rates or service of such a public util6 ity or natural gas company; or 

7 ‘‘(B) as amicus curiae in— 

8 ‘‘(i) a review in any United States 

9 court of a ruling by the Commission in 

10 such a matter; or 

11 ‘‘(ii) a hearing or proceeding in any 

12 other Federal regulatory agency or com13 mission relating to such a matter; 

14 ‘‘(2) support public participation in the siting 

15 and permitting of natural gas storage and distribu16 tion infrastructure under the jurisdiction of the 

17 Commission; 

18 ‘‘(3) monitor and review energy customer com19 plaints and grievances on matters concerning rates 

20 or service of public utilities and natural gas compa21 nies under the jurisdiction of the Commission; 

22 ‘‘(4) employ means, such as public dissemina23 tion of information, consultative services, and tech24 nical assistance, to ensure, to the maximum extent 

25 practicable, that the interests of energy customers 


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1 are adequately represented in the course of any 

2 hearing or proceeding described in paragraph (1); 

3 ‘‘(5) collect data concerning rates or service of 

4 public utilities and natural gas companies under the 

5 jurisdiction of the Commission; 

6 ‘‘(6) prepare and issue reports and rec7 ommendations; and 

8 ‘‘(7) take such other actions as the Director de9 termines to be necessary to ensure just and reason10 able rates for energy customers. 

11 ‘‘(e) INFORMATION FROM FEDERAL DEPARTMENTS

12 AND AGENCIES.— 

13 ‘‘(1) IN GENERAL.—The Director may secure 

14 directly from a Federal department or agency such 

15 information as the Director considers to be nec16 essary to carry out this section. 

17 ‘‘(2) PROVISION OF INFORMATION.—On request 

18 of the Director under paragraph (1), the head of a 

19 Federal department or agency shall, to the extent 

20 practicable and authorized by law, provide the infor21 mation to the Office. 

22 ‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVISORY

23 COMMITTEE.— 

24 ‘‘(1) ESTABLISHMENT.—The Director shall es25 tablish an advisory committee, to be known as the 


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1 ‘Public and Consumer Advocacy Advisory Com2 mittee’— 

3 ‘‘(A) to review rates, services, and dis4 putes; and 

5 ‘‘(B) to make recommendations to the Di6 rector. 

7 ‘‘(2) COMPOSITION.—The Advisory Committee 

8 shall— 

9 ‘‘(A) be composed of such members as the 

10 Director determines to be appropriate; but 

11 ‘‘(B) include not fewer than— 

12 ‘‘(i) 2 individuals representing State 

13 utility consumer advocates; and 

14 ‘‘(ii) 1 individual representing a non15 governmental organization that represents 

16 consumers. 

17 ‘‘(3) MEETINGS.—The Advisory Committee 

18 shall meet at such frequency as is required to carry 

19 out the duties of the Advisory Committee. 

20 ‘‘(4) REPORTS.—The Director shall publish the 

21 recommendations of the Advisory Committee on the 

22 public internet website established for the Office. 

23 ‘‘(5) DURATION.—Notwithstanding any other 

24 provision of law, the Advisory Committee shall conVerDate Sep 11 2014 02:21 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240

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1 tinue in operation during the period for which the 

2 Office exists. 

3 ‘‘(6) APPLICATION OF FACA.—Except as other4 wise specifically provided, the Advisory Committee 

5 shall be subject to the Federal Advisory Committee 

6 Act (5 U.S.C. App.). 

7 ‘‘(g) REPORTS AND GUIDANCE.—As the Director de8 termines to be appropriate, the Office shall issue to the 

9 Commission and entities subject to regulation by the Com10 mission reports and guidance— 

11 ‘‘(1) regarding market practices; 

12 ‘‘(2) proposing improvements in Commission 

13 monitoring of market practices; and 

14 ‘‘(3) addressing potential improvements to in15 dustry and Commission practices. 

16 ‘‘(h) OUTREACH.—The Office shall promote, through 

17 outreach, publications, and, as appropriate, direct commu18 nication with entities regulated by the Commission— 

19 ‘‘(1) improved compliance with Commission 

20 rules and orders; and 

21 ‘‘(2) public participation in the siting and per22 mitting of natural gas storage and distribution infra23 structure under the jurisdiction of the Commission. 

24 ‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS FOR

25 INTERVENTION OR PARTICIPATION.— 


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1 ‘‘(1) DEFINITION OF ELIGIBLE RECIPIENT.—In 

2 this subsection, the term ‘eligible recipient’ means 

3 an individual or entity— 

4 ‘‘(A) that intervenes or participates in any 

5 proceeding before the Commission; 

6 ‘‘(B) the intervention or participation of 

7 which substantially contributed to the approval, 

8 in whole or in part, of a position advocated by 

9 the individual or entity in the proceeding; and 

10 ‘‘(C) that is— 

11 ‘‘(i) an individual; 

12 ‘‘(ii) an energy customer; or 

13 ‘‘(iii) a representative of the interests 

14 of energy customers. 

15 ‘‘(2) COMPENSATION.—Subject to paragraph 

16 (3), the Commission, in accordance with regulations 

17 promulgated by the Commission, may provide to any 

18 eligible recipient compensation for reasonable attor19 ney fees, expert witness fees, and other costs of in20 tervening or participating in the applicable pro21 ceeding before the Commission. 

22 ‘‘(3) REQUIREMENT.—The Commission may 

23 only provide compensation under paragraph (2) if 

24 the Commission determines that— 


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1 ‘‘(A) the applicable proceeding is signifi2 cant; 

3 ‘‘(B) the compensation is approved by the 

4 Advisory Committee; and 

5 ‘‘(C) the intervention or participation by 

6 the eligible recipient in the proceeding without 

7 receipt of compensation constitutes a significant 

8 financial hardship to the eligible recipient. 

9 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section re10 stricts or otherwise affects— 

11 ‘‘(1) any right or obligation of an intervenor, 

12 participant, State utility consumer advocate, energy 

13 customer, or group of energy customers under any 

14 other applicable provision of law (including regula15 tions); or 

16 ‘‘(2) the work of Commission trial staff in rep17 resenting the public interest and pursuing appro18 priate resolutions in contested matters before the 

19 Commission. 

20 ‘‘(k) FUNDING.—Of the amounts received by the 

21 Commission for fiscal year 2020 and each fiscal year 

22 thereafter as a result of any fee imposed by the Commis23 sion, the Commission shall use such sums as are necessary 


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1 to establish and provide for the operation of the Office 

2 under this section.’’. 

Æ 


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