Energy Consumer Protection Act of 2023

To amend the Federal Power Act and the Natural Gas Act with respect to the enforcement of certain provisions, and for other purposes. 1. Short title This Act may be cited as the Energy Consumer Protection Act of 2023 2. Prohibitions and suspensions for violations (a) Amendments to the Federal Power Act (1) Enforcement of certain provisions Section 316A of the Federal Power Act ( 16 U.S.C. 825o–1 (c) Prohibition or suspension for violations The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 221 or 222 (and related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— (1) electric energy; (2) electric energy products, including financial transmission rights; or (3) transmission services subject to the jurisdiction of the Commission. . (2) Conforming amendments Section 314(d) of the Federal Power Act ( 16 U.S.C. 825m(d) (A) in the matter preceding paragraph (1)— (i) by striking individual person (ii) by inserting or 222 section 221 (B) in paragraph (1), by inserting with respect to a person who is an individual, acting (C) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , directly or indirectly, engaging (ii) in subparagraph (A), by striking ; or (iii) by redesignating subparagraph (B) as subparagraph (C); and (iv) by inserting after subparagraph (A) the following: (B) electric energy products, including financial transmission rights; or . (b) Amendments to Natural Gas Act (1) Prohibition on filing false information The Natural Gas Act ( 15 U.S.C. 717 et seq. 4B. Prohibition on filing false information No person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting. . (2) Civil penalty authority Section 22 of the Natural Gas Act ( 15 U.S.C. 717t–1 (d) Prohibition or suspension for violations The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 4A or 4B (including related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— (1) natural gas; or (2) transmission services subject to the jurisdiction of the Commission. . (3) Conforming amendments Section 20(d) of the Natural Gas Act ( 15 U.S.C. 717s(d) (A) in the matter preceding paragraph (1), by striking individual person (B) in paragraph (1), by inserting with respect to a person who is an individual, acting (C) in paragraph (2), in the matter preceding subparagraph (A), by inserting , directly or indirectly, engaging

Summary: Energy Consumer Protection Act of 2023 This bill expands enforcement provisions under the Federal Power Act and the Natural Gas Act, including by allowing the Federal Energy Regulatory Commission to temporarily or permanently ban any person from trading in energy markets if the person (1) violates those acts by manipulating the electricity or natural gas markets, or (2) files false information regarding those markets.