I
107TH CONGRESS
1ST SESSION
H. R. 3037
To enhance the benefits of the national electric system by encouraging and
supporting State programs for renewable energy sources, universal elec-
tric service, affordable electric service, and energy conservation and effi-
ciency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 4, 2001
Mr. PALLONE introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To enhance the benefits of the national electric system by
encouraging and supporting State programs for renew-
able energy sources, universal electric service, affordable
electric service, and energy conservation and efficiency,
and for other purposes.
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 ‘‘Renewable Energy and
Energy Efficiency Investment Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the generation of electricity is unique in its
combined influence on the security, environmental
quality, and economic efficiency of the United
States;
(2) the generation and sale of electricity has a
direct and profound impact on interstate commerce;
(3) the Federal Government and the States
have a joint responsibility for the maintenance of
public purpose programs affected by the national
electric system;
(4) notwithstanding the public’s interest in and
enthusiasm for programs that enhance the environ-
ment, encourage the efficient use of resources, and
provide for affordable and universal service, the in-
vestments in those public purposes by existing
means continues to decline;
(5) the dependence of the United States on for-
eign sources of fossil fuels is contrary to our na-
tional security;
(6) alternative, sustainable energy sources must
be pursued;
(7) consumers have a right to certain informa-
tion in order to make objective choices on their elec-
tric service providers; and
(8) net metering of small systems for self-gen-
eration of electricity is in the public interest in order
to encourage private investment in renewable energy
resources, stimulate economic growth, and enhance
the continued diversification of the energy resources
used in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) BIOMASS.—The term ‘‘biomass’’ means—
(A) organic material from a plant that is
planted exclusively for the purpose of being
used to produce electricity; and
(B) nonhazardous, cellulosic or agricultural
animal waste material that is segregated from
other waste materials and is derived from—
(i) 
a 
forest-related 
resource,
including—
(I) mill and harvesting residue;
(II) precommercial thinnings;
(III) slash; and
(IV) brush;
(ii) 
an 
agricultural 
resource,
including—
(I) orchard tree crops;
(II) vineyards;
(III) grain;
(IV) legumes;
(V) sugar; and
(VI) other crop by-products or
residues;
(iii) miscellaneous waste such as—
(I) waste pallets;
(II) crates;
(III) dunnage; and
(IV) landscape or right-of-way
tree trimmings, but not including mu-
nicipal 
solid 
waste, 
recyclable
postconsumer 
wastepaper, 
painted,
treated, or pressurized wood, wood
contaminated with plastic or metals,
or tires; and
(iv) animal waste that is converted to
a fuel rather than directly combusted, the
residue of which is converted to biological
fertilizer, oil, or activated carbon.
(3) BOARD.—The term ‘‘Board’’ means the Na-
tional Electric System Benefits Board established
under section 4.
(4) COMMISSION.—The term ‘‘Commission’’
means the Federal Energy Regulatory Commission.
(5) FUND.—The term ‘‘Fund’’ means the Na-
tional Electric System Benefits Fund established by
section 5.
(6) LANDFILL GAS.—The term ‘‘landfill gas’’
means gas generated from the decomposition of
household solid waste, commercial solid waste, and
industrial solid waste disposed of in a municipal
solid waste landfill unit (as those terms are defined
in regulations promulgated under subtitle D of the
Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).
(7) 
POLLUTANT.—The 
term 
‘‘pollutant’’
means—
(A) carbon dioxide, mercury nitrous oxide,
sulfur dioxide, or any other substance that the
Administrator identifies by regulation as a sub-
stance that, when emitted into the air from a
combustion device used in the generation of
electricity, endangers public health or welfare
(within the meaning of section 302(h) of the
Clean Air Act (42 U.S.C. 7602(h));
(B) any substance discharged into water
that is regulated under a National Pollutant
Discharge Elimination System permit issued
under section 402 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1342); and
(C) any substance disposed of in a solid or
hazardous waste facility that is regulated under
the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.).
(8) RENEWABLE ENERGY.—The term ‘‘renew-
able energy’’ means electricity generated from—
(A) a renewable energy source; or
(B) hydrogen that is produced from a re-
newable energy source.
(9) RENEWABLE ENERGY SOURCE.—The term
‘‘renewable energy source’’ means—
(A) wind;
(B) biomass;
(C) landfill gas; or
(D) a geothermal, solar thermal, or photo-
voltaic source.
(10) RETAIL ELECTRIC SUPPLIER.—
(A) IN GENERAL.—The term ‘‘retail elec-
tric supplier’’ means a person or entity that
sells retail electricity to consumers.
(B) INCLUSIONS.—The term ‘‘retail elec-
tric supplier’’ includes—
(i) a regulated utility company (in-
cluding affiliates or associates of such a
company);
(ii) a company that is not affiliated or
associated with a regulated utility com-
pany;
(iii) a municipal utility;
(iv) a cooperative utility;
(v) a local government; and
(vi) a special district.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Energy.
SEC. 4. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS
BOARD.
(a) ESTABLISHMENT.—The Secretary shall establish
a National Electric System Public Benefits Board to carry
out the functions and responsibilities described in this sec-
tion.
(b) MEMBERSHIP.—The Board shall be composed
of—
(1) 1 representative of the Commission ap-
pointed by the Commission;
(2) 2 representatives of the Secretary appointed
by the Secretary;
(3) 2 persons nominated by the national organi-
zation representing State regulatory commissioners
and appointed by the Secretary;
(4) 1 person nominated by the national organi-
zation representing State utility consumer advocates
and appointed by the Secretary;
(5) 1 person nominated by the national organi-
zation representing State energy offices and ap-
pointed by the Secretary;
(6) 1 person nominated by the national organi-
zation representing energy assistance directors and
appointed by the Secretary; and
(7) 1 representative of the Environmental Pro-
tection Agency appointed by the Administrator.
(c) CHAIRPERSON.—The Secretary shall select a
member of the Board to serve as Chairperson of the
Board.
(d) MANAGER.—
(1) APPOINTMENT.—The Board shall by con-
tract appoint an electric systems public benefits
manager for a term of not more than 3 years, which
term may be renewed by the Board.
(2) COMPENSATION.—The compensation and
other terms and conditions of employment of the
manager shall be determined by a contract between
the Board and the individual or the other entity ap-
pointed as manager.
(3) FUNCTIONS.—The manager shall—
(A) monitor the amounts in the Fund;
(B) 
receive, 
review, 
and 
make 
rec-
ommendations to the Board regarding applica-
tions from States under section 6(b); and
(C) perform such other functions as the
Board may require to assist the Board in car-
rying out its duties under this Act.
SEC. 5. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS
FUND.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Board shall establish an
account or accounts at one or more financial institu-
tions, which account or accounts shall be known as
the ‘‘National Electric System Public Benefits
Fund’’, consisting of amounts deposited in the fund
under subsection (c).
(2) STATUS OF FUND.—The wires charges col-
lected under subsection (c) and deposited in the
Fund—
(A) shall constitute electric system reve-
nues and shall not constitute funds of the
United States;
(B) shall be held in trust by the manager
of the Fund solely for the purposes stated in
subsection (b); and
(C) shall not be available to meet any obli-
gations of the United States.
(b) USE OF FUND.—
(1) FUNDING
OF
PUBLIC
PURPOSE
PRO-
GRAMS.—Amounts in the Fund shall be used by the
Board to provide matching funds to States for the
support of State public purpose programs relating
to—
(A) renewable energy sources;
(B) universal electric service;
(C) affordable electric service;
(D) energy conservation and efficiency;
(E) research and development in areas de-
scribed in subparagraphs (A) through (D), or
(F) disconnections during periods of ex-
treme cold or heat.
(2) DISTRIBUTION.—
(A) IN
GENERAL.—Except for amounts
needed to pay costs of the Board in carrying
out its duties under this section, the Board
shall instruct the manager of the Fund to dis-
tribute all amounts in the Fund to States to
fund public purpose programs under paragraph
(1).
(B) FUND SHARE.—
(i) IN
GENERAL.—Subject to clause
(iii), the Fund share of a public purpose
program funded under paragraph (1) shall
be 50 percent.
(ii) PROPORTIONATE
REDUCTION.—
To the extent that the amount of matching
funds requested by States exceeds the
maximum projected revenues of the Fund,
the matching funds distributed to the
States shall be reduced by an amount that
is proportionate to each State’s annual
consumption of electricity compared to the
Nation’s aggregate annual consumption of
electricity.
(iii) ADDITIONAL STATE FUNDING.—
A State may apply funds to public purpose
programs in addition to the amount of
funds applied for the purpose of matching
the Fund share.
(3) PROGRAM CRITERIA.—The Board shall rec-
ommend eligibility criteria for public benefits pro-
grams funded under this section for approval by the
Secretary.
(4) APPLICATION.—Not later than August 1 of
each year beginning in 2000, a State seeking match-
ing funds for the following year shall file with the
Board, in such form as the Board may require, an
application—
(A) certifying that the funds will be used
for an eligible public purpose program; and
(B) stating the amount of State funds ear-
marked for the program.
(c) WIRES CHARGE.—
(1) DETERMINATION OF NEEDED FUNDING.—
Not later than August 1 of each year, the Board
shall determine and inform the Commission of the
aggregate amount of wires charges that will be nec-
essary to be paid into the Fund to pay matching
funds to States and pay the operating costs of the
Board in the following year.
(2) IMPOSITION OF WIRES CHARGE.—
(A) IN GENERAL.—Not later than Decem-
ber 15 of each year, the Commission shall im-
pose a nonbypassable, competitively neutral
wires charge to be paid directly into the Fund
by the operator of the wire on electricity carried
through the wire (measured as it exits the
busbar at a generation facility) that affects
interstate commerce.
(B) AMOUNT.—The wires charge shall be
set at a rate equal to the lesser of—
(i) 2.0 mills per kilowatt-hour; or
(ii) a rate that is estimated to result
in the collection of an amount of wires
charges that is as nearly as possible equal
to the amount of needed funding deter-
mined under paragraph (1),
reduced by 50 percent of the amount of any wire
charge imposed on such electricity under State law
that is used by a State for State public purpose pro-
gram described in subsection (b)(1).
(3) DEPOSIT IN THE FUND.—The wires charge
shall be paid by the operator of the wire directly into
the Fund at the end of each month during the cal-
endar year for distribution by the electric systems
public benefits manager under section 5.
(4) PENALTIES.—The Commission may assess
against a wire operator that fails to pay a wires
charge as required by this subsection a civil penalty
in an amount equal to not more than the amount of
the unpaid wires charge.
(d) AUDITING.—
(1) IN GENERAL.—The Fund shall be audited
annually by a firm of independent certified public
accountants in accordance with generally accepted
auditing standards.
(2) ACCESS TO RECORDS.—Representatives of
the Secretary and the Commission shall have access
to all books, accounts, reports, files, and other
records pertaining to the Fund as necessary to fa-
cilitate and verify the audit.
(3) REPORTS.—
(A) IN GENERAL.—A report on each audit
shall be submitted to the Secretary, the Com-
mission, and the Secretary of the Treasury, who
shall submit the report to the President and
Congress not later than 180 days after the
close of the fiscal year.
(B) REQUIREMENTS.—An audit report
shall—
(i) set forth the scope of the audit;
and
(ii) include—
(I) a statement of assets and li-
abilities, capital; and surplus or def-
icit;
(II) a statement of surplus or
deficit analysis;
(III) a statement of income and
expenses;
(IV) any other information that
may be considered necessary to keep
the President and Congress informed
of the operations and financial condi-
tion of the Fund; and
(V) any recommendations with
respect to the Fund that the Sec-
retary or the Commission may have.
SEC. 6. RENEWABLE ENERGY PORTFOLIO STANDARDS.
(a) MINIMUM RENEWABLE GENERATION REQUIRE-
MENT.—By April 1 of each calendar year after 2001, each
retail electric supplier shall submit to the Secretary renew-
able energy credits in an amount equal to the required
annual percentage of the supplier’s total kilowatt-hour
sales to end-use customers in the preceding calendar year.
(2) Each retail electric supplier shall include the re-
quired annual percentage, as defined in subsection (b), in
all products sold to end-use customers. Suppliers are pro-
hibited from representing to any customer or prospective
customer that any of its products contain more than the
specified percentage of eligible resources where the addi-
tional amount of eligible resources is being used to satisfy
the minimum renewable generation requirement.
(3) Nothing in this section shall be construed to pro-
hibit any State from requiring additional renewable energy
generation in that State under any program adopted by
the State. A State may limit the benefits of any State re-
newable energy program to renewable energy generators
located within the State’s boundaries or other boundaries
determined by the state.
(b) REQUIRED RENEWABLE ENERGY.—Of the total
amount of electricity sold by each retail electric supplier
during a calendar year, the amount generated by renew-
able energy sources shall be not less than the following:
(1) 2.5 percent in 2002.
(2) 3.0 percent in 2003.
(3) 4.0 percent in 2004.
(4) 5.0 percent in 2005.
(5) 6.0 percent in 2006.
(6) 7.0 percent in 2007.
(7) 8.0 percent in 2008.
(8) 9.0 percent in 2009.
(9) 10.0 percent in 2010.
(10) 11.0 percent in 2011.
(11) 12.0 percent in 2012.
(12) 13.0 percent in 2013.
(13) 14.0 percent in 2014.
(14) 15.0 percent in 2015.
(15) 16.0 percent in 2016.
(16) 17.0 percent in 2017.
(17) 18.0 percent in 2018.
(18) 19.0 percent in 2019.
(19) 20.0 percent in 2020 and each year there-
after.
(c) SUBMISSION OF CREDITS.—A retail electric sup-
plier may satisfy the requirements of subsection (a)
through the submission of any of the following:
(1) Renewable energy credits issued under sub-
section (d) for renewable energy generated by the re-
tail electric supplier in the calendar year for which
credits are being submitted or any previous calendar
year.
(2) Renewable energy credits issued under sub-
section (d) to any renewable energy generator for re-
newable energy generated in the calendar year for
which credits are being submitted or a previous cal-
endar year and acquired by the retail electric sup-
plier.
(3) Any combination of Credits under para-
graphs (1) and (2).
(d) ISSUANCE OF CREDIT.—(1) The Secretary shall
establish, not later than 1 year after the date of enactment
of this section, a program to issue, monitor the sale or
exchange of, and track Renewable energy credits.
(2) Under the program, an entity that generates elec-
tric energy through the use of a renewable energy resource
may apply to the Secretary for the issuance of renewable
energy credits. The application shall indicate—
(A) the type of renewable energy resource used
to produce the electricity,
(B) the State in which the electric energy was
produced, and
(C) any other information the Secretary deter-
mines appropriate.
(3)(A) The Secretary shall issue to an entity one re-
newable energy credit for each kilowatt-hour of electric en-
ergy the entity generates through the use of a renewable
energy resource in any State in 2001 and any succeeding
year.
(B) To be eligible for a renewable energy credit, the
unit of a electricity generated through the use of a renew-
able energy resource may be sold or may be used by the
generator. If both a renewable energy resource and a non-
renewable energy resource are used to generate the electric
energy, the Secretary shall issue credits based on the pro-
portion of the renewable energy resource used. The Sec-
retary shall identify renewable energy credits by type of
generation and by the State in which the generating facil-
ity is located.
(4) In order to receive a renewable energy credit, the
recipient of a renewable energy credit shall pay a fee, cal-
culated by the Secretary, in an amount that is equal to
the administrative costs of issuing, recording, monitoring
the sale of exchange of, and tracking the credit or does
not exceed five percent of the dollar value of the credit,
whichever is lower. The Secretary shall retain the fee and
use it to pay these administrative costs.
(e) SALE OR EXCHANGE.—A renewable energy credit
may be sold or exchanged by the entity to whom issued
or by any other entity who acquires the credit.
(f) ENFORCEMENT.—
(1) IN GENERAL.—The Secretary may bring an
action in the appropriate United States district
court to impose a civil penalty on a retail electric
supplier that does not comply with subsection (a).
(2) AMOUNT
OF
PENALTY.—A retail electric
supplier who does not submit the required number
of renewable energy credits under subsection (a)
shall be subject to a civil penalty of not more than
3 times the estimated national average market value
(as determined by the Secretary) for the calendar
year concerned of that quantity of renewable energy
credits.
(g) INFORMATION COLLECTION.—The Secretary may
collect the information necessary to verify and audit each
of the following:
(1) The annual electric energy generation and
renewable energy generation of any entity applying
for renewable energy credits under this section.
(2) The validity of renewable energy credits
submitted by a retail electric supplier to the Sec-
retary.
(3) The quantity of electricity sales of all retail
electric suppliers.
SEC. 7. NET METERING.
(a) AMENDMENT OF PURPA.—The Public Utility
Regulatory Polices Act of 1978 is amended by adding the
following new section after section 214:
‘‘SEC. 215. NET METERING.
‘‘(a) DEFINITIONS.—For purposes of this section—
‘‘(1) The term ‘eligible on-site generating facil-
ity’ means a facility on the site of a residential elec-
tric consumer with a maximum generating capacity
of 100 kilowatts or less that is fueled by solar or
wind energy or a facility on the site of a commercial
electric consumer with a maximum generating ca-
pacity of 250 kilowatts or less that is fueled solely
by a renewable energy resource.
‘‘(2) The term ‘renewable energy resource’
means solar energy, wind energy, biomass, and fuel
cells.
‘‘(3) The term ‘net metering service’ means
service to an electric consumer under which elec-
tricity generated by that consumer from an eligible
on-site generating facility and delivered to the dis-
tribution system through the same meter through
which purchased electricity is received may be used
to offset the cost of electricity provided by the retail
electric supplier to the electric consumer during the
applicable billing period so that an electric consumer
is billed only for the net electricity consumed during
the billing period, but in no event shall the net be
less than zero during any calendar year.
‘‘(b) REQUIREMENT TO PROVIDE NET METERING
SERVICE.—Each retail electric supplier shall make avail-
able upon request net metering service to any retail elec-
tric consumer that the supplier currently serves or solicits
for service.
‘‘(c) RATES AND CHARGES.—
‘‘(1) IDENTICAL
CHARGES.—A retail electric
supplier—
‘‘(A) shall charge the owner or operator of
an on-site generating facility rates and charges
that are identical to those that would be
charged other retail electric customers of the
electric company in the same rate class; and
‘‘(B) shall not charge the owner or oper-
ator of an on-site generating facility any addi-
tional standby, capacity, interconnection, or
other rate or charge.
‘‘(2) MEASUREMENT.—A retail electric supplier
that supplies electricity to the owner or operator of
an on-site generating facility shall measure the
quantity of electricity produced by the on-site facility
and the quantity of electricity consumed by the
owner or operator of an on-site generating facility
during a billing period in accordance with normal
metering practices.
‘‘(3) ELECTRICITY SUPPLIED EXCEEDING ELEC-
TRICITY GENERATED.—If the quantity of electricity
supplied by a retail electric supplier during a billing
period exceeds the quantity of electricity generated
by an on-site generating facility and fed back to the
electric distribution system during the billing period,
the supplier may bill the owner or operator for the
net quantity of electricity supplied by the retail elec-
tric supplier, in accordance with normal metering
practices.
‘‘(4) ELECTRICITY
GENERATED
EXCEEDING
ELECTRICITY
SUPPLIED.—If the quantity of elec-
tricity generated by an on-site generating facility
during a billing period exceeds the quantity of elec-
tricity supplied by the retail electric supplier during
the billing period—
‘‘(A) the retail electric supplier may bill
the owner or operator of the on-site generating
facility for the appropriate charges for the bill-
ing period in accordance with paragraph (2);
and
‘‘(B) the owner or operator of the on-site
generating facility shall be credited for the ex-
cess kilowatt-hours generated during the billing
period, with the kilowatt-hour credit appearing
on the bill for the following billing period.
‘‘(5) UNUSED CREDITS.—At the beginning of
each calendar year, any unused kilowatt-hour credits
accumulated by an owner or operator of an on-site
generating facility during the previous calendar year
shall expire without compensation to the owner or
operator of an on-site generating facility.
‘‘(d) SAFETY AND PERFORMANCE STANDARDS.—(1)
An eligible on-site generating facility and net metering
system used by a retail electric consumer shall meet all
applicable safety, performance, reliability, and inter-
connection standards established by the National Elec-
trical Code, the Institute of Electrical and Electronics En-
gineers, and Underwriters Laboratories.
‘‘(2) The Commission, after consultation with State
regulatory authorities and nonregulated local distribution
systems and after notice and opportunity for comment,
may adopt, by rule, additional control and testing require-
ments for on-site generating facilities and net metering
systems that the Commission determines are necessary to
protect public safety and system reliability.
‘‘(e) INTERCONNECTION STANDARDS.—(1) The Com-
mission shall promulgate regulations requiring that the
owners or operators of eligible on-site generating facilities
and net metering systems comply with uniform national
standards, consistent with this section, for the physical
connection between such facilities and systems and local
distribution systems. At the election of the owner or oper-
ator of the generation facility concerned connections meet-
ing such standards may be made—
‘‘(A) by such owner or operator at such owner’s
or operator’s expense, or
‘‘(B) by the owner or operator of the local dis-
tribution system upon the request of the owner or
operator of the generating facility and pursuant to
an offer by the owner or operator of the generating
facility to reimburse the local distribution system in
an amount equal to the minimum cost of such con-
nection, consistent with the procurement procedures
of the State in which the facility is located.
Such standards shall be consistent with all applicable safe-
ty and performance standards established by the national
electrical code, the Institute of Electrical and Electronics
Engineers, or Underwriters Laboratories and with such
additional safety and reliability standards as the Commis-
sion shall, by rule, prescribe.
‘‘(2) The regulations under this section shall establish
such measures for the safety and reliability of the affected
equipment and local distribution systems as may be appro-
priate.
‘‘(f) STATE AUTHORITY.—This section does not pre-
clude a State from imposing additional requirements con-
sistent with the requirements in this section, including the
imposition of a cap limiting the amount of net metering
available in the State. Nothing in this Act or any other
Federal law preempts or otherwise affects authority under
State law to require a retail electric supplier to make avail-
able net metering service to a retail electric consumer
which the supplier serves or offers to serve.’’.
(c) TABLE OF CONTENTS.—The table of contents for
title II of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2601 and following) is amended by add-
ing the following at the end thereof:
‘‘Sec. 215. Net metering.’’.
SEC. 8. DISCLOSURE REQUIREMENTS.
(a) DEFINITIONS.—In this section:
(1) EMISSIONS
DATA.—The term ‘‘emissions
data’’ means the type and amount of each pollutant
emitted or released by a generation facility in gener-
ating electricity.
(2) GENERATION DATA.—The term ‘‘generation
data’’ means the type of fuel (such as coal, oil, nu-
clear energy, or solar power) used by a generation
facility to generate electricity.
(b) DISCLOSURE SYSTEM.—The Secretary shall es-
tablish a system of disclosure that—
(1) enables retail consumers to knowledgeably
compare retail electric service offerings, including
comparisons based on generation source portfolios,
emissions data, and price terms; and
(2) considers such factors as—
(A) cost of implementation;
(B) confidentiality of information; and
(C) flexibility.
(c) REGULATION.—Not later than March 1, 2002,
the Secretary, in consultation with the Board, and with
the assistance of a Federal interagency task force that in-
cludes representatives of the Commission, the Federal
Trade Commission, the Food and Drug Administration,
and the Environmental Protection Agency, shall promul-
gate a regulation prescribing—
(1) the form, content, and frequency of disclo-
sure of emissions data and generation data of elec-
tricity by generation facilities to electricity whole-
salers or retail companies and by wholesalers to re-
tail companies;
(2) the form, content, and frequency of disclo-
sure of emissions data, generation data, and the
price of electricity by retail companies to ultimate
consumers; and
(3) the form, content, and frequency of disclo-
sure of emissions data, generation data, and the
price of electricity by generation facilities selling di-
rectly to ultimate consumers.
(d) ACCESS TO RECORDS.—The Secretary shall have
full access to the records of all generation facilities, elec-
tricity wholesalers, and retail companies to obtain any in-
formation necessary to administer and enforce this sec-
tion.
(e) FAILURE TO DISCLOSE.—The failure of a retail
company to accurately disclose information as required by
this section shall be treated as a deceptive act in commerce
under section 5 of the Federal Trade Commission Act (15
U.S.C. 45).
(f) REGULATIONS.—The Secretary may promulgate
such regulations, conduct such investigations, and take
such other actions as are necessary or appropriate to im-
plement and obtain compliance with this section and regu-
lations promulgated under this section.
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