I 

114TH CONGRESS 

2D SESSION H. R. 5348 

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

and Consumer Advocacy. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2016 

Ms. SCHAKOWSKY (for herself, Mr. SEAN PATRICK MALONEY of New York, 

and Ms. KUSTER) 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) ENERGY CUSTOMER.—The term ‘energy 

9 customer’ means a residential customer or a small 

10 commercial customer that receives products or serv11 ices from a public utility or natural gas company 

12 under the jurisdiction of the Commission. 

13 ‘‘(3) NATURAL GAS COMPANY.—The term ‘nat14 ural gas company’ has the meaning given the term 

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

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

17 601(a)(1)(C) of the Natural Gas Policy Act of 1978 

18 (15 U.S.C. 3431(a)(1)(C)). 

19 ‘‘(4) OFFICE.—The term ‘Office’ means the Of20 fice of Public Participation and Consumer Advocacy 

21 established by subsection (b). 

22 ‘‘(5) PUBLIC UTILITY.—The term ‘public util23 ity’ has the meaning given the term in section 

24 201(e). 


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

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

3 Public Participation and Consumer Advocacy’. 

4 ‘‘(c) DIRECTOR.— 

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

6 by a Director, to be appointed by the President by 

7 and with the advice and consent of the Senate from 

8 among individuals who— 

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

10 bar of— 

11 ‘‘(i) any State; or 

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

13 ‘‘(B) have experience relating to public 

14 utility proceedings. 

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

16 assistance made available to— 

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

18 exercised by the Commission; and 

19 ‘‘(B) individuals and entities intervening or 

20 participating, or proposing to intervene or par21 ticipate, in proceedings before the Commission. 

22 ‘‘(3) COMPENSATION AND POWERS.— 

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

24 be compensated at a rate equal to the daily 

25 equivalent of the annual rate of basic pay preVerDate Sep 11 2014 23:09 May 31, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5348.IH H5348

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1 scribed for level IV of the Executive Schedule 

2 under section 5315 of title 5, United States 

3 Code. 

4 ‘‘(B) POWERS.—The Director may— 

5 ‘‘(i) employ at the Office— 

6 ‘‘(I) not more than 125 full-time 

7 professional employees at appropriate 

8 levels of the General Schedule; and 

9 ‘‘(II) such additional support 

10 personnel as the Director determines 

11 to be necessary; and 

12 ‘‘(ii) procure for the Office such tem13 porary and intermittent services as the Di14 rector determines to be necessary. 

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

16 ‘‘(1) intervene, appear, and participate, in ac17 cordance with this section, in administrative, regu18 latory, or judicial proceedings on behalf of energy 

19 customers with respect to any matter concerning the 

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

21 utilities and natural gas companies, or natural gas 

22 siting and infrastructure development, under the ju23 risdiction of the Commission by representing the in24 terests of the energy customers— 


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

2 concerning rates or service of such a public util3 ity or natural gas company; or 

4 ‘‘(B) as amicus curiae in— 

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

6 court of a ruling by the Commission in 

7 such a matter; or 

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

9 other Federal regulatory agency or com10 mission relating to such a matter; 

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

12 and permitting of natural gas storage and distribu13 tion infrastructure under the jurisdiction of the 

14 Commission; 

15 ‘‘(3) monitor and review energy customer com16 plaints and grievances on matters concerning rates 

17 or service of public utilities and natural gas compa18 nies under the jurisdiction of the Commission; 

19 ‘‘(4) investigate independently, or within the 

20 context of a formal proceeding, the services provided 

21 by, the rates charged by, and the valuation of the 

22 properties of, public utilities and natural gas compa23 nies under the jurisdiction of the Commission; 

24 ‘‘(5) employ means, such as public dissemina25 tion of information, consultative services, and techVerDate Sep 11 2014 23:09 May 31, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5348.IH H5348

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1 nical assistance, to ensure, to the maximum extent 

2 practicable, that the interests of energy customers 

3 are adequately represented in the course of any 

4 hearing or proceeding described in paragraph (1); 

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

6 public utilities and natural gas companies under the 

7 jurisdiction of the Commission; 

8 ‘‘(7) prepare and issue reports and rec9 ommendations; and 

10 ‘‘(8) take such other actions as the Director of 

11 the Office determines to be necessary to ensure just 

12 and reasonable rates for energy customers. 

13 ‘‘(e) INFORMATION FROM FEDERAL DEPARTMENTS

14 AND AGENCIES.— 

15 ‘‘(1) IN GENERAL.—The Director of the Office 

16 may secure directly from a Federal department or 

17 agency such information as the Director considers to 

18 be necessary to carry out this section. 

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

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

21 Federal department or agency shall provide the in22 formation to the Office, to the extent practicable and 

23 authorized by law. 

24 ‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVISORY

25 COMMITTEE.— 


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1 ‘‘(1) ESTABLISHMENT.—The Director of the 

2 Office shall establish an advisory committee, to be 

3 known as the ‘Public and Consumer Advocacy Advi4 sory Committee’— 

5 ‘‘(A) to review rates, services, and dis6 putes; and 

7 ‘‘(B) to make recommendations to the Di8 rector. 

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

10 shall— 

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

12 Director determines to be appropriate; but 

13 ‘‘(B) include not fewer than— 

14 ‘‘(i) 2 individuals representing State 

15 utility consumer advocates; and 

16 ‘‘(ii) 1 individual representing a non17 governmental organization that represents 

18 consumers. 

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

20 shall meet at such frequency as is required to carry 

21 out the duties of the Advisory Committee. 

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

23 recommendations of the Advisory Committee on the 

24 public Internet website established for the Office. 


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

2 provision of law, the Advisory Committee shall con3 tinue in operation during the period for which the 

4 Office exists. 

5 ‘‘(6) APPLICATION OF FACA.—Except as other6 wise specifically provided, the Advisory Committee 

7 shall be subject to the Federal Advisory Committee 

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

9 ‘‘(g) REPORTS AND GUIDANCE.—As the Director of 

10 the Office determines to be appropriate, the Office shall 

11 issue to the Commission and entities subject to regulation 

12 by the Commission reports and guidance— 

13 ‘‘(1) regarding market practices; 

14 ‘‘(2) proposing improvements in Commission 

15 monitoring of market practices; and 

16 ‘‘(3) addressing potential improvements to in17 dustry and Commission practices. 

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

19 outreach, publications, and, as appropriate, direct commu20 nication with entities regulated by the Commission— 

21 ‘‘(1) improved compliance with Commission 

22 rules and orders; and 

23 ‘‘(2) public participation in the siting and per24 mitting of natural gas storage and distribution infra25 structure under the jurisdiction of the Commission. 


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1 ‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS FOR

2 INTERVENTION OR PARTICIPATION.— 

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

4 this subsection, the term ‘eligible recipient’ means 

5 an individual or entity— 

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

7 proceeding before the Commission; 

8 ‘‘(B) the intervention or participation of 

9 which substantially contributed to the approval, 

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

11 the individual or entity in the proceeding; and 

12 ‘‘(C) that is— 

13 ‘‘(i) an individual; 

14 ‘‘(ii) an energy customer; or 

15 ‘‘(iii) a representative of the interests 

16 of energy customers. 

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

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

19 promulgated by the Commission, may provide to any 

20 eligible recipient compensation for reasonable attor21 ney fees, expert witness fees, and other costs of in22 tervening or participating in the applicable pro23 ceeding before the Commission. 


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

2 only provide compensation under paragraph (2) if 

3 the Commission determines that— 

4 ‘‘(A) the applicable proceeding is signifi5 cant; 

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

7 Advisory Committee; and 

8 ‘‘(C) the intervention or participation by 

9 the eligible recipient in the proceeding without 

10 receipt of compensation constitutes a significant 

11 financial hardship to the eligible recipient. 

12 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section re13 stricts or otherwise affects any right or obligation of an 

14 intervenor, participant, State utility consumer advocate, 

15 energy customer, or group of energy customers under any 

16 other applicable provision of law (including regulations), 

17 nor does this section restrict in any way the work of Com18 mission trial staff in their strong representation of the 

19 public interest and their aggressive pursuit of appropriate 

20 resolutions in contested matters before the Commission. 

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

22 Commission for fiscal year 2016 and each fiscal year 

23 thereafter as a result of any fee imposed by the Commis24 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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