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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Engagement 
at FERC Act’’. 
SEC. 2. OFFICE OF PUBLIC PARTICIPATION AND CON-
SUMER ADVOCACY. 
Section 319 of the Federal Power Act (16 U.S.C. 
825q–1) is amended to read as follows: 
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‘‘SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CON-
SUMER ADVOCACY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi-
sory Committee’ means the Public and Consumer 
Advocacy Advisory Committee established under 
subsection (f)(1). 
‘‘(2) ENERGY
CUSTOMER.—The term ‘energy 
customer’ means a residential customer or a small 
commercial customer that receives products or serv-
ices from a public utility or natural gas company 
under the jurisdiction of the Commission. 
‘‘(3) NATURAL GAS COMPANY.—The term ‘nat-
ural gas company’ has the meaning given the term 
‘natural-gas company’ in section 2 of the Natural 
Gas Act (15 U.S.C. 717a), as modified by section 
601(a)(1)(C) of the Natural Gas Policy Act of 1978 
(15 U.S.C. 3431(a)(1)(C)). 
‘‘(4) OFFICE.—The term ‘Office’ means the Of-
fice of Public Participation and Consumer Advocacy 
established by subsection (b). 
‘‘(5) PUBLIC UTILITY.—The term ‘public util-
ity’ has the meaning given the term in section 
201(e). 
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‘‘(b) ESTABLISHMENT.—There is established within 
the Commission an office, to be known as the ‘Office of 
Public Participation and Consumer Advocacy’. 
‘‘(c) DIRECTOR.— 
‘‘(1) IN GENERAL.—The Office shall be headed 
by a Director, to be appointed by the President by 
and with the advice and consent of the Senate from 
among individuals who— 
‘‘(A) are licensed attorneys admitted to the 
bar of— 
‘‘(i) any State; or 
‘‘(ii) the District of Columbia; and 
‘‘(B) have experience relating to public 
utility proceedings. 
‘‘(2) DUTIES.—The Director shall coordinate 
assistance made available to— 
‘‘(A) the public, with respect to authorities 
exercised by the Commission; and 
‘‘(B) individuals and entities intervening or 
participating, or proposing to intervene or par-
ticipate, in proceedings before the Commission. 
‘‘(3) COMPENSATION AND POWERS.— 
‘‘(A) COMPENSATION.—The Director shall 
be compensated at a rate equal to the daily 
equivalent of the annual rate of basic pay pre-
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nical assistance, to ensure, to the maximum extent 
practicable, that the interests of energy customers 
are adequately represented in the course of any 
hearing or proceeding described in paragraph (1); 
‘‘(6) collect data concerning rates or service of 
public utilities and natural gas companies under the 
jurisdiction of the Commission; 
‘‘(7) prepare and issue reports and rec-
ommendations; and 
‘‘(8) take such other actions as the Director of 
the Office determines to be necessary to ensure just 
and reasonable rates for energy customers. 
‘‘(e) INFORMATION FROM FEDERAL DEPARTMENTS 
AND AGENCIES.— 
‘‘(1) IN GENERAL.—The Director of the Office 
may secure directly from a Federal department or 
agency such information as the Director considers to 
be necessary to carry out this section. 
‘‘(2) PROVISION OF INFORMATION.—On request 
of the Director under paragraph (1), the head of a 
Federal department or agency shall provide the in-
formation to the Office, to the extent practicable and 
authorized by law. 
‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVISORY 
COMMITTEE.— 
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‘‘(1) ESTABLISHMENT.—The Director of the 
Office shall establish an advisory committee, to be 
known as the ‘Public and Consumer Advocacy Advi-
sory Committee’— 
‘‘(A) to review rates, services, and dis-
putes; and 
‘‘(B) to make recommendations to the Di-
rector. 
‘‘(2) COMPOSITION.—The Advisory Committee 
shall— 
‘‘(A) be composed of such members as the 
Director determines to be appropriate; but 
‘‘(B) include not fewer than— 
‘‘(i) 2 individuals representing State 
utility consumer advocates; and 
‘‘(ii) 1 individual representing a non-
governmental organization that represents 
consumers. 
‘‘(3) MEETINGS.—The Advisory Committee 
shall meet at such frequency as is required to carry 
out the duties of the Advisory Committee. 
‘‘(4) REPORTS.—The Director shall publish the 
recommendations of the Advisory Committee on the 
public Internet website established for the Office. 
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‘‘(5) DURATION.—Notwithstanding any other 
provision of law, the Advisory Committee shall con-
tinue in operation during the period for which the 
Office exists. 
‘‘(6) APPLICATION OF FACA.—Except as other-
wise specifically provided, the Advisory Committee 
shall be subject to the Federal Advisory Committee 
Act (5 U.S.C. App.). 
‘‘(g) REPORTS AND GUIDANCE.—As the Director of 
the Office determines to be appropriate, the Office shall 
issue to the Commission and entities subject to regulation 
by the Commission reports and guidance— 
‘‘(1) regarding market practices; 
‘‘(2) proposing improvements in Commission 
monitoring of market practices; and 
‘‘(3) addressing potential improvements to in-
dustry and Commission practices. 
‘‘(h) OUTREACH.—The Office shall promote, through 
outreach, publications, and, as appropriate, direct commu-
nication with entities regulated by the Commission— 
‘‘(1) improved compliance with Commission 
rules and orders; and 
‘‘(2) public participation in the siting and per-
mitting of natural gas storage and distribution infra-
structure under the jurisdiction of the Commission. 
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‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS FOR 
INTERVENTION OR PARTICIPATION.— 
‘‘(1) DEFINITION OF ELIGIBLE RECIPIENT.—In 
this subsection, the term ‘eligible recipient’ means 
an individual or entity— 
‘‘(A) that intervenes or participates in any 
proceeding before the Commission; 
‘‘(B) the intervention or participation of 
which substantially contributed to the approval, 
in whole or in part, of a position advocated by 
the individual or entity in the proceeding; and 
‘‘(C) that is— 
‘‘(i) an individual; 
‘‘(ii) an energy customer; or 
‘‘(iii) a representative of the interests 
of energy customers. 
‘‘(2) COMPENSATION.—Subject to paragraph 
(3), the Commission, in accordance with regulations 
promulgated by the Commission, may provide to any 
eligible recipient compensation for reasonable attor-
ney fees, expert witness fees, and other costs of in-
tervening or participating in the applicable pro-
ceeding before the Commission. 
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‘‘(3) REQUIREMENT.—The Commission may 
only provide compensation under paragraph (2) if 
the Commission determines that— 
‘‘(A) the applicable proceeding is signifi-
cant; 
‘‘(B) the compensation is approved by the 
Advisory Committee; and 
‘‘(C) the intervention or participation by 
the eligible recipient in the proceeding without 
receipt of compensation constitutes a significant 
financial hardship to the eligible recipient. 
‘‘(j) SAVINGS CLAUSE.—Nothing in this section re-
stricts or otherwise affects any right or obligation of an 
intervenor, participant, State utility consumer advocate, 
energy customer, or group of energy customers under any 
other applicable provision of law (including regulations), 
nor does this section restrict in any way the work of Com-
mission trial staff in their strong representation of the 
public interest and their aggressive pursuit of appropriate 
resolutions in contested matters before the Commission. 
‘‘(k) FUNDING.—Of the amounts received by the 
Commission for fiscal year 2016 and each fiscal year 
thereafter as a result of any fee imposed by the Commis-
sion, the Commission shall use such sums as are necessary 
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to establish and provide for the operation of the Office 
under this section.’’. 
Æ 
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