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Valley Authority beginning January 1, 2003, and ac-
cess to the Tennessee Valley Authority transmission
system for that power; and
‘‘(D) stranded cost recovery.
‘‘(2) If the parties are unable to reach agreement
with regard to any of the issues under paragraph (1) with-
in the one-year period set forth in paragraph (1), they
shall submit the issue in dispute to the Federal Energy
Regulatory Commission for final resolution.’’.
SEC. 806. STRANDED COST RECOVERY.
(a) Section 206 of the Federal Power Act is
amended by adding the following new subsection after sub-
section (e) as added by section 301(b) of this Act:
‘‘(f)(1) Within one year of the date of enactment of
this subsection, the Commission shall promulgate regula-
tions with respect to TVA’s recovery of stranded costs (as
defined by the Commission) imposed on TVA resulting
from wholesale or retail competition. These regulations
shall provide that—
‘‘(A) a customer that did not cause costs to be
stranded is not obligated to pay those costs on be-
half of other customers;
‘‘(B) no stranded investment recovery charge
shall have the effect of unfairly shifting costs among
distributors or TVA retail customers;
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‘‘(C) for a stranded cost recovery charge TVA
assesses on a retail or wholesale customer, TVA
shall unbundle the charge from other retail or whole-
sale rates applicable to that customer and state the
charge separately on the customer’s bill; and
‘‘(D) TVA shall not impose a stranded cost re-
covery charge after September 30, 2007, unless the
person against whom the charge is assessed agrees
otherwise.
‘‘(2) After notice and opportunity for comment, TVA
shall submit a stranded cost recovery plan to the Commis-
sion for review and approval.
‘‘(3) The Commission shall review the recovery plan
and shall approve the recovery plan if the Commission de-
termines the plan to be just and reasonable and not un-
duly discriminatory or preferential and consistent with the
requirements of regulations issued under paragraph (1).
TVA may recover stranded costs only pursuant to a recov-
ery plan approved by the Commission.’’.
(b) Section 15e of the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831–831ee) as added by section 804
of this Act is amended by adding the following after sub-
section (c) as added by section 805 of this Act:
‘‘(d) Amounts recovered by the Tennessee Valley Au-
thority as stranded cost recovery charges under section
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206(f) of the Federal Power Act shall be used to pay down
TVA’s debt to the extent determined by the TVA Board
to be consistent with the proper financial management of
the TVA power system, provided that TVA may not use
amounts recovered to pay for additions to TVA’s gener-
ating capacity.’’.
(c) Section 9106 of Title 31, United States Code, is
amended by adding the following new subsection after sub-
section (b):
‘‘(c) Beginning in Fiscal Year 2003, as part of the
annual management report submitted by the Tennessee
Valley Authority (TVA) to Congress under this section,
TVA shall also specifically report:
‘‘(A) the status of TVA’s long-range financial
plans and the progress toward its goal of competi-
tively priced power, and a general discussion of
TVA’s prospects on meeting the objectives of the
Ten Year Business Outlook issued on July 22, 1997;
‘‘(B) any changes in assumptions since the pre-
vious report that may have a material effect on
TVA’s long-range financial plans;
‘‘(C) the source of funds used for any capacity
additions;
‘‘(D) the use or other disposition of amounts re-
covered by TVA under this section;
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‘‘(E) the amount by which TVA’s publicly-held
debt was reduced; and
‘‘(F) the projected amount by which TVA’s
publicly-held debt will be reduced.’’.
SEC. 807. CONFORMING AMENDMENTS.
Effective January 1, 2003—
(1) section 15d(a) of the Tennessee Valley Au-
thority Act of 1933 (16 U.S.C. 831n–4(a)), which
limits the sales or delivery of electric power by TVA
or distributors outside a certain geographic area, is
repealed;
(2) subsections (f) and (j) of section 212 of the
Federal Power Act (16 U.S.C. 824k (f) and (j) are
repealed; and
(3) the third proviso of section 10 of the Ten-
nessee Valley Authority Act of 1933 (16 U.S.C.
831i) and the second and third provisos of section
12 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831k) do not apply to a wholesale sale
of electric energy by the Tennessee Valley Authority.
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Subtitle B—Bonneville Power
Administration
SEC. 811. DEFINITIONS.
Section 3 of the Federal Power Act is amended by
adding the following new paragraphs after paragraph (26)
as added by section 801 of this Act:
‘‘(27) ‘Bonneville Administrator’ means the Ad-
ministrator of the Bonneville Power Administration;
‘‘(28) ‘Pacific Northwest’ has the meaning
given that term in section 3(14) of the Pacific
Northwest Electric Power Planning and Conserva-
tion Act (16 U.S.C. 839a(14));
‘‘(29) ‘Bonneville Transmission System’ means
transmission facilities owned or leased by the United
States, acting through the Bonneville Administrator,
and operated by the Bonneville Administrator or an-
other entity under section 202 (h) or (i) of this
Act;’’.
SEC. 812. APPLICATION OF FEDERAL POWER ACT.
Section 201A of the Federal Power Act as added by
section 802 of this Act is amended by adding the following
new subsection after subsection (a):
‘‘(b) BONNEVILLE POWER ADMINISTRATION.—After
September 30, 2001; sections 202 (h) and (i), 203 (with
respect to dispositions of transmission facilities), 205,
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206, 208, and 210 through 213 of this Part and sections
301 through 304, 306, 307 (except the last sentence of
paragraph (c)), 308, 309, 313, and 317 of Part III apply
to transmission facilities and transmission of electric en-
ergy and the provision of necessary associated services
over the Bonneville Transmission System, provided that—
‘‘(1) any determination made under those sec-
tions as to whether an action or matter is just, rea-
sonable, not unduly discriminatory or preferential
shall be subject to—
‘‘(A) 
phasing 
in 
Commission-ordered
changes in transmission rates or charges that
would cause unreasonable cost shift among
users of the Bonneville Transmission System if
implemented at once;
‘‘(B) mitigating unreasonable adverse im-
pacts on remote transmission customers in the
Pacific Northwest that would otherwise result
from Commission-ordered changes in the his-
toric treatment of costs to acquire transmission
to serve customers historically served by Gen-
eral Transfer Agreements entered into between
the Bonneville Administrator and other trans-
mission providers;
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‘‘(C) complying with requirements of other
laws applicable to the Bonneville Administrator;
‘‘(D) assuring the Bonneville Administra-
tor’s transmission rates and charges are estab-
lished sufficient to—
‘‘(i) recover existing and future Fed-
eral investment in the Bonneville Trans-
mission System over a reasonable number
of years after first meeting all the Bonne-
ville Administrator’s other transmission
costs and expenses; and
‘‘(ii) produce the revenues necessary
to assure timely payment of all trans-
mission related costs and expenses, includ-
ing revenues to establish reserves;
‘‘(E) rules established by the Commission
to—
‘‘(i) assure transmission access is pro-
vided over the Bonneville Transmission
System for hydroelectric power that must
be generated and transmitted at a par-
ticular time in order to reduce spill and
levels of dissolved nitrogen gas harmful to
fish, and
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‘‘(ii) govern compensation to adversely
affected transmission users when capacity
is made available for transmission of hy-
droelectric power in those circumstances;
and
‘‘(F) subsection 205(g) of this Act; and
‘‘(2) these sections shall not apply to—
‘‘(A) the Bonneville Administrator’s activi-
ties other than transmission of electric energy
and provision of necessary associated services
over the facilities of the Bonneville Trans-
mission System; or
‘‘(B) a contract in effect on the date of en-
actment of this Section, except for rates which
are adjustable by the Administrator under the
contract; a Treaty of the United States; or a
contract concerning the physical delivery of en-
ergy and capacity entered into by entities des-
ignated pursuant to such a Treaty.’’.
SEC. 813. SURCHARGE ON TRANSMISSION RATES TO RE-
COVER 
OTHERWISE 
NON-RECOVERABLE
COSTS.
Section 205 of the Federal Power Act is amended by
adding the following after subsection (f):
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‘‘(g)(1) Subject to the requirements of paragraph (2),
the Bonneville Administrator shall propose and the Com-
mission shall establish a mechanism pursuant to this sec-
tion that enables the Administrator to place a surcharge
on rates or charges for transmission services over the Bon-
neville Transmission System when necessary in order to
recover power costs unable to be recovered through power
revenues in time to meet the cost recovery requirements
of section 7(a) of the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C. 839e(a)(1)).
‘‘(2) The transmission surcharge mechanism set forth
in paragraph (1) shall—
‘‘(A) recover not more than $600 million in
total and no more than $100 million in any fiscal
year;
‘‘(B) be available only between October 1, 2001,
and October 1, 2016;
‘‘(C) be implemented by the Bonneville Admin-
istrator only when the Bonneville Administrator
projects that available financial reserves attributable
to the power function will be less than $150 million;
and
‘‘(D) to the fullest extent possible, be designed
and established to recover the costs from trans-
mission users in a manner that—
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‘‘(i) minimizes any effect on transmission
users’ choices among competing suppliers or
products,
‘‘(ii) does not apply to use of the Bonne-
ville Transmission System for power sales out-
side the Pacific Northwest, and
‘‘(iii) minimizes bypass of the Bonneville
Transmission System by transmission users
seeking to avoid the surcharge.
‘‘(3) The Bonneville Administrator shall have sole
discretion to determine whether to implement the cost re-
covery mechanism established by the Commission under
paragraph (1). Before imposing the surcharge, the Bonne-
ville Administrator shall conduct a public process in the
Pacific Northwest to receive comment on implementation
of the surcharge. As a part of that public process, the
Bonneville Administrator shall make available information
concerning the need for and amount of the surcharge. If
the Bonneville Administrator decides to implement a sur-
charge, it shall take effect on the Bonneville Administra-
tor’s proposed effective date, but no earlier than sixty days
following the Administrator’s filing of the proposed sur-
charge to the Commission for approval.
‘‘(4)(A) Within 120 days after the effective date of
the surcharge, the Commission shall approve, reject, or
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modify the surcharge and communicate its decision to the
Bonneville Administrator. In conducting its review, the
Commission shall not consider the appropriateness of the
cost recovery mechanism established by the Commission
under paragraph (1).
‘‘(B) If the Commission rejects or modifies the sur-
charge, the Commission may order the Bonneville Admin-
istrator to refund, with interest, the portion of the sur-
charge the Commission found not justified or the Commis-
sion may authorize the Bonneville Administrator to re-
cover amounts from customers who underpaid or did not
pay the surcharge. If the Commission orders modification
of the Bonneville Administrator’s surcharge, such modi-
fied charge shall be effective on the date and for the time
period specified by the Commission.
‘‘(5) Any payment of power costs through application
of transmission revenues collected by surcharge or other-
wise shall be treated as a loan to the Bonneville Adminis-
trator’s power function. The Bonneville Administrator
shall repay the loan as soon as possible from power func-
tion revenues once the Bonneville Administrator is able
to meet other power cost recovery and Treasury repay-
ment obligations on an annual basis using power revenues
and, to the extent practicable, refund such revenues to all
transmission customers charged the surcharge. The bor-
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rowed revenues shall bear interest at a rate determined
appropriate by the Commission.
‘‘(6) For the recovery of costs relating to any genera-
tion or conservation resources financed by debt issued by
a non-Federal party before October 1, 1998, and secured
by an obligation of the Bonneville Administrator to make
payments or net bill power and transmission service that
cannot be recovered through power rates and charges and
paid in accordance with the application of revenues and
the priority of payments specified by Section 13(b) of the
Federal Columbia River Transmission System Act of 1974
(16 U.S.C. 838k(b)), the provisions of this section apply,
except for the recovery limitations under paragraph (2)(A)
and the time limits under paragraph (2)(B), but only to
the extent such recovery would have been allow under laws
applicable to the Bonneville Administrator as of October
1, 1998. In reviewing this surcharge request, the Commis-
sion shall apply the standard of review applicable as of
October 1, 1998.’’.
SEC. 814. COMPLAINTS.
Section 306 of the Federal Power Act is amended by
inserting ‘‘agency or instrumentality of the United
States,’’ after ‘‘person,’’ in the first sentence.
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SEC. 815. REVIEW OF COMMISSION ORDERS.
Section 313 of the Federal Power Act is amended by
inserting ‘‘agency or instrumentality of the United
States,’’ after ‘‘person.’’ in the first sentence in subsection
(a).’’.
SEC. 816. CONFORMING AMENDMENTS.
(a) Section 201(f) of the Federal Power Act is
amended by striking ‘‘No’’ and inserting ‘‘(1) Except as
provided in sections 201A and 202(h)–(i), no’’.
(b) Section 212(i) of the Federal Power Act (16
U.S.C. 824(i)) is repealed.
(c) Section 6 of the Federal Columbia River Trans-
mission System Act (16 U.S.C. 838d) is repealed.
(d) Section 9 of the Federal Columbia River Trans-
mission System Act (16 U.S.C. 838g) is amended to read
as follows:
‘‘RATES AND CHARGES
‘‘SEC. 9. Schedules of rates and charges for the sale,
including dispositions to a Federal agency, of all electric
power made available to the Administrator pursuant to
section 8 of this Act or otherwise acquired shall be
established—
‘‘(1) with a view to encouraging the widest pos-
sible diversified use of electric power at the lowest
possible rates to consumers consistent with sound
business principles;
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‘‘(2) having regard to the recovery (upon the
basis of the application of such rate schedules to the
capacity of the electric facilities of the projects) of
the cost of producing such electric power, including
the amortization of the capital investment allocated
to power over a reasonable period of years and pay-
ments provided for in section 11(b)(9) of this Act;
and
‘‘(3) at levels to produce such additional power
revenues as may be required, in the aggregate with
all other power revenues of the Administrator, to
pay when due the principal of, premiums, discounts,
and expenses in connection with the issuance of and
interest on all bonds issued and outstanding pursu-
ant to this Act for other than the construction, ac-
quisition, and replacement of the Federal trans-
mission system, and amounts required to establish
and maintain reserve and other funds and accounts
established in connection therewith.
Electric power rates under this section shall be established
by the Administrator in accordance with section 7 of the
Pacific Northwest Electric Power Planning and Conserva-
tion Act.’’.
(e) Section 10 of the Federal Columbia River Trans-
mission System Act (16 U.S.C. 838h) is repealed.
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(f) Section 6 of the Pacific Northwest Regional Pref-
erence Act (16 U.S.C. 837e) is amended by striking the
‘‘Federal energy or’’ in the first sentence and by striking
the second sentence.
(g) Section 7(a)(1) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C.
839e(a)(1)) is amended to read as follows:
‘‘(a)(1) The Administrator shall establish, and peri-
odically review and revise, rates for the sale and disposi-
tion of electric power and shall periodically review and,
if necessary, propose revisions to rates for the trans-
mission of electric power. Rates for the sale and disposi-
tion of electric power shall be established and, as appro-
priate, revised to recover, in accordance with sound busi-
ness principles, the costs associated with the acquisition
and conservation of electric power, including the amortiza-
tion of the Federal investment allocable to electric power
rates in the Federal Columbia River Power System (in-
cluding irrigation electric-power-related costs required to
be repaid out of electric power revenues) over a reasonable
period of years and the other costs and expenses incurred
by the Administrator pursuant to this Act and other provi-
sions of law. Rates for the sale and disposition of electric
power shall be established in accordance with section 9
of the Federal Columbia River Transmission System Act
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(16 U.S.C. 838g), section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and this Act.’’.
(h) Section 7(a)(2) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C.
839e(a)(2)) is amended by—
(1) striking ‘‘Rates’’ and inserting ‘‘Power
rates’’;
(2) inserting ‘‘and’’ after the comma in sub-
paragraph (A);
(3) striking ‘‘, and’’ and inserting a period at
the end of subparagraph (B); and
(4) striking subparagraph (C).
(i) Section 7(i) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839(i))
is amended by inserting ‘‘power’’ immediately after ‘‘es-
tablishing’’ in the first sentence.
(j) Section 9(d) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C.
839f(d)) is amended by striking ‘‘transmission access,’’
and inserting ‘‘power’’ immediately before ‘‘services’’ in
the second sentence.
(k) Section 9(i)(3) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C.
839f(i)(3)) is amended by inserting ‘‘power’’ immediately
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before ‘‘services’’ each time it appears, and by striking
‘‘transmission,’’ in the first sentence.
(l) Section 2(e) of the Bonneville Project Act (16
U.S.C. 832a(e)) is amended by striking the colon and all
that follows and inserting a period.
Subtitle C—Western Area Power
Administration 
and 
South-
western Area Power Adminis-
tration
SEC. 821. DEFINITIONS.
Section 3 of the Federal Power Act is amended by
adding the following new paragraphs after paragraph (29)
as added by subsection 811:
‘‘(30) ‘SWPA Administrator’ means the Admin-
istrator of the Southwestern Power Administration;
‘‘(31) ‘SWPA Transmission System’ means
transmission facilities owned or controlled by the
United States and operated by the SWPA Adminis-
trator or an entity with authority over these facili-
ties under section 202 (h) or (i) of this Act;
‘‘(32) ‘WAPA Administrator’ means the Admin-
istrator of the Western Area Power Administration;
and
‘‘(33) ‘WAPA Transmission System’ means
transmission facilities owned or controlled by the
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United States and operated by the WAPA Adminis-
trator or an entity with authority over these facili-
ties under section 202 (h) or (i) of this Act.’’.
SEC. 822. APPLICATION OF FEDERAL POWER ACT.
Section 201A of the Federal Power Act as added by
section 802 of this Act is amended by adding the following
new subsection after subsection (b) as added by section
812 of this Act:
‘‘(c) WESTERN AREA POWER ADMINISTRATION AND
SOUTHWESTERN POWER ADMINISTRATION.—After Sep-
tember 30, 2001, sections 202 (h) and (i), 203 (with re-
spect to dispositions of transmission facilities), 205, 206,
208, and 210 through 213 of this Part and sections 301
through 304, 306, 307 (except the last sentence of para-
graph (c)), 308, 309, 313, and 317 of Part III apply to
transmission facilities and transmission of electric energy
over the SWPA and WAPA Transmission Systems and the
provision of necessary associated services over the SWPA
and WAPA Transmission Systems, provided that—
‘‘(1) any determination made under those sec-
tions as to whether an action or matter is just, rea-
sonable, not unduly discriminatory or preferential
shall be subject to—
‘‘(A) 
phasing 
in 
Commission-ordered
changes in transmission rates or charges that
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would cause unreasonable cost shifts among
users of the SWPA and WAPA Transmission
Systems if implemented at once;
‘‘(B) complying with requirements of other
laws applicable to the SWPA and WAPA Ad-
ministrators;
‘‘(C) assuring the transmission rates and
charges of the SWPA and WAPA Administra-
tors are established sufficient to—
‘‘(i) recover existing and future Fed-
eral investment in the transmission system
over a reasonable number of years after
first meeting all other transmission costs
and expenses; and
‘‘(ii) produce the revenues necessary
to assure timely payment of all trans-
mission related costs and expenses, includ-
ing revenues to establish reserves;
‘‘(D) subsection 205(h) of this Act; and
‘‘(E) permitting the WAPA Administrator
to establish more than one rate for the trans-
mission facilities of its regions or projects; and
‘‘(2) these sections shall not apply to—
‘‘(A) activities of the SWPA and WAPA
Administrators other than transmission of elec-
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tric energy and provision of necessary associ-
ated services over the facilities of their respec-
tive systems; or
‘‘(B) a contract in effect on the date of en-
actment of this Act, except for rates which are
adjustable by the Administrator under the con-
tract.’’.
SEC. 823. SURCHARGE ON TRANSMISSION RATES TO RE-
COVER 
OTHERWISE 
NON-RECOVERABLE
COSTS.
Section 205 of the Federal Power Act is amended by
adding the following after subsection (g) as added by sec-
tion 814 of this Act:
‘‘(h)(1) the Commission shall establish rules for Com-
mission approval of a surcharge on rates or charges for
transmission services over the SWPA and WAPA trans-
mission systems, including a reasonable limitation on
amounts to be recovered under the surcharge and such
other rules necessary to ensure that the surcharge mini-
mizes any effect of transmission users’ choice among com-
peting suppliers or products and reflects cost causation,
in order to recover power costs unable to be recovered
through power revenues in time to meet statutory or regu-
latory cost recovery requirements.
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‘‘(2) The SWPA and WAPA Administrators shall
have sole discretion to determine whether to implement
the cost recovery mechanism established by the Commis-
sion under paragraph (1) for their respective transmission
systems. Before imposing the surcharge, the Adminis-
trator shall conduct a public process to receive comment
on implementation of the surcharge. As a part of that pub-
lic process, the Administrator shall make available infor-
mation concerning the need for and amount of the sur-
charge. If the Administrator decides to implement a sur-
charge, it shall take effect on the Administrator’s proposed
effective date, but no earlier than sixty days following the
Administrator’s filing of the proposed surcharge to the
Commission for approval.
‘‘(3)(A) Within 120 days after the effective date of
the surcharge, the Commission shall approve, reject, or
modify the surcharge and communicate its decision to the
Administrator. In conducting its review, the Commission
shall not consider the appropriateness of the cost recovery
mechanism established by the Commission under para-
graph (1).
‘‘(B) If the Commission rejects or modifies the sur-
charge, the Commission may order the Administrator to
refund, with interest, the portion of the surcharge the
Commission found not justified or the Commission may
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authorize the Administrator to recover amounts from cus-
tomers who underpaid or did not pay the surcharge. If
the Commission orders modification of the Administrator’s
surcharge, such modified charge shall be effective on the
date and for the time period specified by the Commission.
‘‘(4) Any payment of power costs through application
of transmission revenues collected by surcharge or other-
wise shall be treated as a loan to the Administrator’s
power function. The Administrator shall repay the loan
as soon as possible from power function revenues once the
Administrator is able to meet the power cost recovery and
Treasury repayment obligations on an annual basis using
power revenues, and, to the extent practicable, refund
such revenues to all transmission customers charged the
surcharge. The borrowed revenues shall bear interest at
a rate determined appropriate by the Commission.’’.
SEC. 824. CONFORMING AMENDMENTS.
(a) Section 302(a)(1) of the Department of Energy
Organization Act (42 U.S.C. 7152) is amended by—
(1) striking ‘‘There’’ and inserting in its place
‘‘Except for the authority addressed in paragraph
(G) below, there’’, and
(2) adding the following new subparagraph
after subparagraph (E):
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‘‘(F) Authority for the approval, rejection,
and modification of transmission rates for the
Southwestern and Western Area Power Admin-
istrations is transferred to the Federal Energy
Regulatory Commission.’’.
(b) Section 221 of the Reclamation Reform Act of
1982 (43 U.S.C. 390uu) is amended by—
(1) striking ‘‘executed pursuant to Federal rec-
lamation law’’, and
(2) inserting ‘‘as defined in section 202 of this
Act’’ after ‘‘contract’’.
TITLE IX—OTHER PROVISIONS
SEC. 901. TREATMENT OF NUCLEAR DECOMMISSIONING
COSTS IN BANKRUPTCY.
Section 523 of title 11, United States Code (section
523 of the Bankruptcy Code of 1978), is amended by add-
ing the following new subsection after subsection (e):
‘‘(f) Obligations to comply with, and claims resulting
from compliance with, Nuclear Regulatory Commission
regulations or orders governing the decontamination and
decommissioning of nuclear power reactors licensed under
section 103 or 104 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2133 and 2134(b)) shall be given priority and
shall not be rejected, avoided, or discharged under title
11 of the United States Code or in any liquidation, reorga-
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nization, receivership, or other insolvency proceeding
under State or Federal law.’’.
SEC. 902. ENERGY INFORMATION ADMINISTRATION STUDY
OF IMPACTS OF COMPETITION IN ELEC-
TRICITY MARKETS.
Section 205 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7135) is amended by adding after sub-
section (1) the following new subsection:
‘‘(m)(1) The Administrator shall collect and publish
information regarding the impact of wholesale and retail
competition on the electric power industry and consumers.
The Administrator shall prescribe forms for collecting this
information. Information to be collected may include, but
is not limited to—
‘‘(A) the ownership and control of electric gen-
eration, transmission, distribution, and related facili-
ties;
‘‘(B) electricity consumption and demand;
‘‘(C) the transmission, distribution, and delivery
of electric services;
‘‘(D) the price of competitive electric services;
‘‘(E) the costs, revenues, and rates of regulated
electric services;
‘‘(F) the reliability of the electric generation
and transmission system, including the availability
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of adequate generation and transmission capacity to
meet load requirements, generation and transmission
capacity additions and retirements, and fuel sup-
pliers and stocks for electric generation;
‘‘(G) electric energy efficiency programs and
services and their impacts on energy consumption;
‘‘(H) the development and use of renewable
electric energy resources; and
‘‘(I) research, development and demonstration
activities to improve the nation’s electric system.
‘‘(2) In carrying out the purposes of this subsection,
the Administrator shall take into account reporting bur-
dens and the protection of proprietary information as re-
quired by law.’’.
SEC. 903. ANTITRUST SAVINGS CLAUSE.
This Act and the amendments made by this Act shall
not be construed to modify, impair, or supersede the oper-
ation of the antitrust laws. For purposes of this section,
‘‘antitrust laws’’ has the meaning given it in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12(a)), except that it includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45), to the extent that
section 5 applies to unfair methods of competition.