I
107TH CONGRESS
2D SESSION
H. R. 3952
To establish an Office of Consumer Advocacy within the Department of
Justice to represent the consumers of electricity and natural gas in
proceeding before the Federal Energy Regulatory Commission, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 2002
Mr. DEFAZIO introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To establish an Office of Consumer Advocacy within the
Department of Justice to represent the consumers of
electricity and natural gas in proceeding before the Fed-
eral Energy Regulatory Commission, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FEDERAL ENERGY REGULATORY COMMISSION
OFFICE OF CONSUMER ADVOCACY.
(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’
means the Federal Energy Regulatory Commission.
(2) NATURAL GAS COMPANY.—The term ‘‘nat-
ural gas company’’ has the meaning given that term
in section 2 of the Natural Gas Act (15 U.S.C.
717a), as modified by section 601(a) of the natural
Gas Policy Act of 1978 (15 U.S.C. 3431a).
(3) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Consumer Advocacy established by subsection
(b)(1).
(4) PUBLIC UTILITY.—The term ‘‘public util-
ity’’ means public utility as defined in section 201(e)
of the Federal Power Act.
(4) CONSUMERS.—The term ‘consumers of elec-
tricity or natural gas’ means only—
(A) residential consumers of electricity or
natural gas,
(B) commercial consumers of electricity
having a peak electric demand of not more than
1,000 kilowatts; and
(C) commercial consumers of natural gas
having a peak demand of not more than 150
million cubic feet.
(b) OFFICE.—
(1) ESTABLISHMENT.—There is established
within the Department of Justice an Office of Con-
sumer Advocacy.
(2) DIRECTOR.—The Office shall be headed by
a Director to be appointed by the President, by and
with the advice and consent of the Senate.
(3) DUTIES.—The Office may—
(A) represent, and appeal on behalf of,
consumers of electricity or natural gas provided
(directly or indirectly) by public utilities, or nat-
ural gas companies, under the jurisdiction of
the Commission—
(i) at hearings of the Commission;
(ii) in judicial proceedings in the
courts of the United States; and
(iii) at hearings or proceedings of
other Federal regulatory agencies and com-
missions;
(B) investigate independently, or within
the context of formal proceedings before the
Commission, the services provided by, the rates
charged by, and the valuation of the properties
of, public utilities, and natural gas companies,
under the jurisdiction of the Commission;
(C) develop means, such as public dissemi-
nation of information, consultative services, and
technical assistance, to ensure, to the maximum
extent practicable, that the interests of con-
sumers of electricity or natural gas provided by
public utilities, or natural gas companies, under
the jurisdiction of the Commission are ade-
quately represented in the course of any hear-
ing or proceeding described in subparagraph
(A); and
(D) petition the Federal Trade Commis-
sion or regional transmission organizations to
take actions to protect the interests of con-
sumers of electricity or natural gas provided
(directly or indirectly), by public utilities, or
natural gas companies, within the respective ju-
risdictions of the Federal Trade Commission or
regional transmission organizations; and
(E) propose legislation on matters relating
to the Commission, evaluate the impact of legis-
lation on such matters on consumers of elec-
tricity or natural gas, and testify before Con-
gress concerning legislation on such matters.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $25,000,000 for each
fiscal year beginning after the enactment of this Act to
carry out this section.
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