II 

117TH CONGRESS 

2D SESSION S. 3736 

To amend the Natural Gas Act to protect consumers from excessive rates, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2022 

Mr. BLUMENTHAL (for himself and Mr. BURR) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Natural Gas Act to protect consumers from 

excessive rates, and for other purposes. 

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 ‘‘Making Pipelines Ac5 countable to Consumers and Taxpayers Act’’ or the 

6 ‘‘MPACT Act’’. 

7 SEC. 2. HEARING ON CHANGED RATES OR CHARGES. 

8 Section 4(e) of the Natural Gas Act (15 U.S.C. 

9 717c(e)) is amended by striking the third and fourth sen10 tences and inserting the following: ‘‘Where changes in 


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1 rates or charges are thus made effective, the Commission 

2 may, by order, require the natural-gas company to furnish 

3 a bond, to be approved by the Commission, to refund any 

4 amounts ordered by the Commission, to keep accurate ac5 counts in detail of all amounts received by reason of those 

6 changes, specifying by whom and in whose behalf those 

7 amounts were paid, and, on completion of the hearing and 

8 decision, to order the natural-gas company to refund, with 

9 interest, the portion of those rates or charges by its deci10 sion found not justified. At any hearing involving a rate 

11 or charge sought to be changed, the burden of proof to 

12 show that the changed rate or charge is just and reason13 able shall be on the natural-gas company, and the Com14 mission shall give to the hearing and decision of such ques15 tions preference over other questions pending before the 

16 Commission and decide the same as speedily as possible.’’. 

17 SEC. 3. REFUNDS. 

18 Section 5 of the Natural Gas Act (15 U.S.C. 717d) 

19 is amended— 

20 (1) by redesignating subsection (b) as sub21 section (d); and 

22 (2) inserting after subsection (a) the following: 

23 ‘‘(b) REFUNDS.— 

24 ‘‘(1) IN GENERAL.—At the conclusion of any 

25 hearing under this section in which refunds of 


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1 amounts that have been paid are required, the Com2 mission shall order the natural-gas company to make 

3 those refunds for the period beginning on the refund 

4 effective date established under paragraph (3) and 

5 ending on the date on which the new rate estab6 lished by the Commission under subsection (a) takes 

7 effect in amounts in excess of those amounts that 

8 would have been paid under the just and reasonable 

9 rate, charge, classification, rule, regulation, practice, 

10 or contract that the Commission orders to be ob11 served and in force. 

12 ‘‘(2) REQUIREMENT.—The refunds required 

13 under paragraph (1) shall be made, with interest, to 

14 the persons who have paid the rates or charges that 

15 are the subject of the hearing. 

16 ‘‘(3) EFFECTIVE DATE.— 

17 ‘‘(A) IN GENERAL.—The Commission shall 

18 establish the refund effective date in accordance 

19 with this paragraph. 

20 ‘‘(B) HEARINGS INITIATED ON COM21 PLAINT.—In the case of a hearing initiated on 

22 a complaint, the refund effective date shall be— 

23 ‘‘(i) not earlier than the date on which 

24 the complaint was filed; and 


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1 ‘‘(ii) not later than 150 days after 

2 that date. 

3 ‘‘(C) HEARING INITIATED ON MOTION OF

4 COMMISSION.—In the case of a hearing initiated 

5 by the Commission on its own motion, the re6 fund effective date shall be— 

7 ‘‘(i) not earlier than the date on which 

8 the Commission publishes notice of the in9 tent to initiate the hearing; and 

10 ‘‘(ii) not later than 150 days after 

11 that date. 

12 ‘‘(c) NO FINAL DECISION.—If the Commission has 

13 not rendered a final decision for a hearing under this sec14 tion by the end of the 180-day period beginning on the 

15 date on which the hearing is initiated, the Commission 

16 shall state— 

17 ‘‘(1) the reasons why the Commission has failed 

18 to render a decision; and 

19 ‘‘(2) the best estimate of the Commission as to 

20 when the Commission reasonably expects to render 

21 the decision.’’. 

22 SEC. 4. EFFECT. 

23 (a) IN GENERAL.—The amendments made by sec24 tions 2 and 3 shall not apply to any proceeding under the 


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1 Natural Gas Act (15 U.S.C. 717 et seq.) commenced be2 fore the date of enactment of this Act. 

3 (b) REFILING WITHOUT PREJUDICE.—A proceeding 

4 under the Natural Gas Act (15 U.S.C. 717 et seq.) com5 menced before the date of enactment of this Act may be 

6 withdrawn and refiled without prejudice. 

7 SEC. 5. STUDY. 

8 (a) IN GENERAL.—Not earlier than 3 years and not 

9 later than 4 years after the date of enactment of this Act, 

10 the Federal Energy Regulatory Commission shall conduct 

11 a study on the effect of the amendments made by sections 

12 2 and 3. 

13 (b) REQUIREMENTS.—The study under subsection 

14 (a) shall include an analysis of— 

15 (1) the impact, if any, of the amendments made 

16 by sections 2 and 3 on the cost of capital paid by 

17 natural-gas companies (as defined in section 2 of the 

18 Natural Gas Act (15 U.S.C. 717a)); 

19 (2) any change in the average time taken to re20 solve proceedings under sections 4 and 5 of the Nat21 ural Gas Act (15 U.S.C. 717c, 717d); and 

22 (3) such other matters as the Federal Energy 

23 Regulatory Commission may determine to be appro24 priate and in the public interest. 


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1 (c) REPORT.—On completion of the study under sub2 section (a), the Federal Energy Regulatory Commission 

3 shall submit to the Committee on Energy and Natural Re4 sources of the Senate and the Committee on Energy and 

5 Commerce of the House of Representatives a report de6 scribing the results of the study. 

Æ 


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