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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5696 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5696

To amend the Public Utility Regulatory Policies Act of 1978 to provide 
    electric consumers the right to access certain electric energy 
                              information.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

  Mr. Markey of Massachusetts (for himself, Mrs. Capps, Mr. Polis of 
 Colorado, Mr. Inslee, and Ms. DeGette) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend the Public Utility Regulatory Policies Act of 1978 to provide 
    electric consumers the right to access certain electric energy 
                              information.

    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 ``Electric Consumer Right to Know 
Act'' or the ``e-KNOW Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the Energy Information Administration, 
        United States consumers spent over $360,000,000,000 each year 
        on electricity as of 2008 and an estimated 250 gigawatts of new 
        generating capacity will need to be added in the United States 
        over the next 25 years to maintain grid integrity in the face 
        of increasing electricity demand.
            (2) Recent studies demonstrate that consumers change their 
        energy consumption behavior in response to feedback regarding 
        prices and patterns of use and that improved access to usage 
        and price information can result in dramatic reductions in 
        electricity demand and billions of dollars in cost savings.
            (3) Across the United States, utilities are deploying 
        millions of ``smart'' electricity meters, which record more 
        detailed electricity usage information than conventional meters 
        and in most cases have the capacity to communicate such 
        information to utility or on-site networks, as a means of 
        improving the efficiency and reliability of the electric grid.
            (4) The full benefit of ``smart'' meters will be realized 
        only if the consumers served by such meters have secure access 
        to the enhanced information recorded by such meters, on a near 
        real-time basis wherever feasible.
            (5) Whether a consumer is served by a ``smart'' meter or a 
        conventional meter, secure access to usage and price 
        information on past electricity consumption, in a machine-
        readable format, can play a critical role in enabling consumers 
        and energy service companies to identify opportunities for 
        greater efficiency and cost savings in electricity usage.
            (6) Although Congress, in the Energy Independence and 
        Security Act of 2007, amended the Public Utility Regulatory 
        Policies Act of 1978 to require State public utility 
        commissions and nonregulated utilities to consider providing 
        consumers with increased access to electricity usage and price 
        information, only a handful of States have adopted policies to 
        require such access.
            (7) Consumers should have the right to timely access to the 
        information that utilities record and collect from them 
        regarding their electricity usage, and to information on the 
        prices applied to that usage.
            (8) Improved access to information will empower consumers 
        to better manage their electricity use and to reduce costs and 
        will foster the development of a vibrant, innovative market for 
        products and services to assist consumers in doing so.
            (9) In providing consumers access to electricity usage 
        information, whether directly or through an authorized third 
        party, it is imperative that the privacy of consumers and the 
        security of their usage information be fully protected.

SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION.

    (a) Electric Consumer Right of Access.--Title II of the Public 
Utility Regulatory Policies Act of 1978 is amended by adding after 
section 214 the following new section:

``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY 
              INFORMATION.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Federal smart grid support.--The term `Federal smart 
        grid support' means any grant provided under section 1306 of 
        the Energy Independence and Security Act of 2007 or any grant, 
        contract, loan, loan guarantee, or other financial assistance 
        provided to any smart grid project under any other program 
        administered by the Secretary.
            ``(2) Free of charge.--The term `free of charge' means, 
        with respect to electric consumer or authorized third party 
        access to retail electric energy information, that no fee is 
        charged for such access. Such term shall not be construed to 
        imply that any costs of providing such access are not recovered 
        or recoverable through generally applicable rates.
            ``(3) Nationally recognized standard.--The term `nationally 
        recognized standard' means a standard that is recognized under 
        the process coordinated by the Director of the National 
        Institute of Standards and Technology under section 1305 of the 
        Energy Independence and Security Act of 2007.
            ``(4) Near real-time.--The term `near real-time' means, 
        with respect to communication of electric energy usage 
        information by a smart meter, within 1 minute of the time at 
        which such information is recorded by the meter.
            ``(5) Retail electric utility.--The term `retail electric 
        utility' means the electric utility that measures, records, and 
        collects information on an electric consumer's electric energy 
        usage for billing purposes.
            ``(6) Retail electric energy information.--The term `retail 
        electric energy information' means the following:
                    ``(A) Usage information.--An electric consumer's 
                electric energy consumption, measured in kilowatt-
                hours.
                    ``(B) Pricing information.--The rate applied to 
                electric energy consumed by the electric consumer.
            ``(7) Smart grid functions.--The term `smart grid 
        functions' has the meaning given such term in section 1306(d) 
        of the Energy Independence and Security Act of 2007.
            ``(8) Smart grid project.--The term `smart grid project' 
        means a project that includes implementation, by a retail 
        electric utility, of smart grid functions.
            ``(9) Smart meter.--The term `smart meter' means a device 
        used by a retail electric utility at the residence or facility 
        of an electric consumer that is capable of measuring electric 
        energy usage in intervals of 1 hour or shorter and of 
        communicating electric energy usage information by means of an 
        electronic machine-readable signal in near real-time.
            ``(10) Third party.--The term `third party' means, with 
        respect to any transaction involving retail electric energy 
        information, a person or entity other than--
                    ``(A) the electric consumer to which such retail 
                electric energy information pertains; or
                    ``(B) the retail electric utility providing 
                electric service to such electric consumer.
    ``(b) Consumer Right of Access.--
            ``(1) In general.--Each electric consumer in the United 
        States shall have the right to access (and to authorize 1 or 
        more third parties to access), from such consumer's retail 
        electric utility, the retail electric energy information of 
        such electric consumer in electronic machine-readable form, in 
        conformity with applicable nationally recognized standards, 
        free of charge, and in a manner that is timely and that 
        provides adequate protections for the security of such 
        information and the privacy of such electric consumer.
            ``(2) Granularity of information.--The right to access 
        retail electric energy information under paragraph (1) shall 
        include the right to access retail electric energy 
        information--
                    ``(A) in the case of an electric consumer served by 
                a smart meter, measured at intervals not less frequent 
                than the intervals at which usage information is 
                recorded by such smart meter; and
                    ``(B) in the case of an electric consumer not 
                served by a smart meter, measured at intervals of a 
                frequency prescribed by the State regulatory authority 
                or other entity with authority to set retail rates for 
                the relevant retail electric utility, provided that in 
                no event shall such frequency be less than monthly.
            ``(3) Timeliness and mode of access.--
                    ``(A) Web presentment.--The right to access retail 
                electric energy information under paragraph (1) shall 
                include--
                            ``(i) in the case of an electric consumer 
                        served by a smart meter, the right to access 
                        retail electric energy information not more 
                        than 24 hours after electric energy consumption 
                        is recorded, through an Internet Web site 
                        operated by the retail electric utility or by 
                        such other entity as the retail electric 
                        utility or the relevant State regulatory 
                        authority may designate; and
                            ``(ii) in the case of an electric consumer 
                        not served by a smart meter, the right to 
                        access retail electric energy information as 
                        expeditiously as possible after the time 
                        electric energy consumption is recorded, 
                        through an Internet Web site operated by the 
                        retail electric utility or by such other entity 
                        as the retail electric utility or the relevant 
                        State regulatory authority may designate.
                    ``(B) Data export.--Where requested by the electric 
                consumer, the right to access retail electric energy 
                information under paragraph (1) shall include the right 
                to receive, or to authorize a third party to receive, 
                such electric consumer's retail electric energy 
                information--
                            ``(i) through electronic mail or other 
                        appropriate means of export from the retail 
                        electric utility's data storage system;
                            ``(ii) in a machine-readable electronic 
                        format consistent with any applicable 
                        nationally recognized standard; and
                            ``(iii) on a 1-time or recurring basis.
                    ``(C) Direct meter access.--In the case of an 
                electric consumer served by a smart meter, the right of 
                access to retail electric energy information under 
                paragraph (1) shall include the right to access retail 
                electric energy usage information and such other 
                electric energy usage information as the smart meter is 
                capable of recording (such as demand measured in 
                kilowatts, voltage, frequency, current, and power 
                factor)--
                            ``(i) directly from the smart meter at any 
                        time; and
                            ``(ii) using 1 or more smart meter-
                        compatible devices that conform with nationally 
                        recognized standards.
                This subparagraph shall not apply in the case of an 
                electric consumer served by a smart meter installed 
                prior to the date that is 2 years after the date of 
                enactment of this section that is not capable of such 
                on-site communication.
            ``(4) Historical information.--The right to access retail 
        electric energy information under paragraph (1) shall include 
        the right to access--
                    ``(A) at minimum, monthly aggregate information for 
                at least the most recent 13 months; and
                    ``(B) such other retail electric energy information 
                as the retail electric utility retains, in accordance 
                with any applicable requirements under State law.
        The requirements under this paragraph shall not apply to direct 
        access to electric energy usage information from a smart meter.
            ``(5) Third party use of information.--A third party 
        authorized by an electric consumer to access such consumer's 
        retail electric energy information shall not use such 
        information for any purpose other than the provision of 
        services by such third party to the electric consumer, and 
        shall not disclose such information to any other party, unless 
        such authorized third party has received the informed, written 
        consent of the electric consumer for such use or disclosure.
    ``(c) Model Rule.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Commission shall, after 
        consultation with State regulatory authorities, national 
        organizations representing nonregulated utilities, the 
        Secretary of Energy, the Director of the National Institute for 
        Standards and Technology, and other appropriate Federal 
        agencies, and after notice and opportunity for comment, issue a 
        model rule prescribing minimum standards for implementation of 
        the electric consumer right to access retail electric energy 
        information under subsection (b)(1).
            ``(2) Prior state action.--In formulating the model rule 
        under paragraph (1), the Commission shall, to the extent 
        practicable, preserve the integrity of and be guided by actions 
        already taken by State regulatory authorities to ensure 
        electric consumer access to retail electric energy information, 
        including actions taken after consideration of the standard 
        under section 111(d)(19).
            ``(3) State consideration.--Each State regulatory authority 
        and each nonregulated utility shall consider adoption and 
        implementation of the national model rule issued under 
        paragraph (1) (or a comparable rule or policy), as provided 
        under section 111(d)(20).
    ``(d) Federal Smart Grid Support Programs.--
            ``(1) Consideration as a factor.--Beginning on the date 
        that is 1 year after the model rule under subsection (c) is 
        issued, the Secretary, in determining whether to award Federal 
        smart grid support to a retail electric utility, shall give 
        preference to any applicant that has implemented policies for 
        electric consumer access to retail electric energy information 
        at least as stringent as those prescribed by the model rule 
        issued under subsection (c).
            ``(2) Requirement.--Notwithstanding any other provision of 
        law, beginning on the date that is 2 years after the date the 
        model rule under subsection (c) is issued, no retail electric 
        utility shall be eligible to receive Federal smart grid support 
        unless such utility has implemented policies for electric 
        consumer access to retail electric energy information at least 
        as stringent as those prescribed by the model rule issued under 
        subsection (c).
    ``(e) Backstop State Enforcement.--
            ``(1) In general.--Beginning on the date that is 3 years 
        after the date the model rule under subsection (c) is issued, 
        if the attorney general of a State, or another official or 
        agency of a State with competent authority under State law, has 
        reason to believe that any retail electric utility in the 
        relevant State is not complying with the minimum standards set 
        forth in the model rule issued under subsection (c) (or 
        standards of comparable or greater stringency with respect to 
        consumer access to retail electric energy information), the 
        attorney general, official, or agency of the State, as parens 
        patriae, may bring a civil action against such retail electric 
        utility, on behalf of the electric consumers receiving retail 
        service from such retail electric utility, in a district court 
        of the United States of appropriate jurisdiction, to compel 
        compliance with such standards.
            ``(2) Costs and fees.--In any civil action under paragraph 
        (1), if the party bringing the action is successful in 
        enforcing the standards identified by the model rule issued 
        under subsection (c), the court may award to such party the 
        costs of the action together with reasonable attorney's fees, 
        as determined by the court.
            ``(3) Safe harbor.--
                    ``(A) In general.--No civil action may be brought 
                against a retail electric utility under paragraph (1) 
                if the Commission has determined that such retail 
                electric utility, or the State regulatory authority 
                that regulates such electric utility, has adopted a 
                policy that is at least as stringent, with respect to 
                electric consumer access to retail electric energy 
                information, as the model rule issued under subsection 
                (c).
                    ``(B) Commission review.--Not later than 1 year 
                after the date of enactment of this section, the 
                Commission shall, after notice and opportunity for 
                comment, issue an order establishing procedures for 
                making determinations under subparagraph (A). Such 
                order shall provide that, where a State regulatory 
                authority or a retail electric utility certifies and 
                adequately documents to the Commission that it has 
                adopted a policy that is at least as stringent, with 
                respect to electric consumer access to retail electric 
                energy information, as the model rule issued under 
                subsection (c), the Commission shall make a 
                determination under subparagraph (A) within 90 days of 
                receipt of such certification.
            ``(4) Rule of construction.--Except as provided in 
        paragraph (1) of this subsection, nothing in this section shall 
        be construed to create a private right of action.
    ``(f) Cost Recovery.--A retail electric utility shall not be denied 
the opportunity to recover prudently incurred incremental costs of 
complying with the requirements of this section, in accordance with any 
applicable State or Federal law.''.
    (b) State Consideration of Model Rule.--
            (1) Consideration.--Section 111(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 
        by adding at the end the following:
            ``(20) Consumer access to retail electric energy 
        information.--Each electric utility providing retail electric 
        service to an electric consumer shall provide such consumer 
        with access to information regarding such consumers electric 
        energy usage, and prices applicable to such usage, in 
        accordance with the model rule issued by the Commission under 
        section 215(c).''.
            (2) Timing.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(7)(A) As soon as practicable after the issuance by the 
        Commission of the model rule under section 215(c), each State 
        regulatory authority (with respect to each electric utility for 
        which it has ratemaking authority) and each nonregulated 
        utility shall commence the consideration referred to in section 
        111, or set a hearing date for consideration, with respect to 
        the standard established by paragraph (20) of section 111(d).
            ``(B) Not later than 1 year after the date of the issuance 
        by the Commission of the model rule under section 215(c), each 
        State regulatory authority (with respect to each electric 
        utility for which it has ratemaking authority) and each 
        nonregulated utility shall make the determination, referred to 
        in section 111 with respect to the standard established by 
        paragraph (20) of section 111(d).''.
            (3) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended by striking ``(19)'' and inserting ``(20)''.
            (4) Prior state actions.--Section 112 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by 
        adding at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (20) of 
section 111(d) in the case of any electric utility in a State if, 
before the issuance of the model rule under section 215(c)--
            ``(1) the State has implemented for such utility the 
        standard concerned (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility; or
            ``(3) the State legislature has voted on implementation of 
        such standard (or a comparable standard) for such utility.''.
    (c) Conforming Amendment.--The table of contents for the Public 
Utility Regulatory Policies Act of 1978 is amended by adding after the 
item relating to section 214 the following new item:

``Sec. 215. Electric consumer right to access electric energy 
                            information.''.
                                 <all>
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