in such Act) of such utility if each State in which such
utility is providing electric energy services—
(1) determines that the retail customers served
by such utility and its affiliates have the ability to
purchase electric energy services in accordance with
the provisions of section 3 of this Act; and
(2) notifies the Commission and the Securities
and Exchange Commission of such determination.
(b) PURPA.—The provisions of section 210 of the
Public Utility Regulatory Policies Act of 1978 requiring
electric utilities to offer to purchase electric energy from
qualifying cogeneration facilities and qualifying small
power production facilities at the incremental cost to the
utility of alternative electric energy shall cease to apply
to an electric utility if each State in which such utility
is providing electric services—
(1) determines that the retail customers served
by such utility have the ability to purchase electric
energy services in accordance with the provisions of
section 3 of this Act; and
(2) notifies the Commission of such determina-
tion.
Nothing in this subsection shall be construed to affect any
obligation under a binding contract to purchase electric
energy entered into before the date of enactment of this
Act.
SEC. 8. TRANSITION PLANNING.
(a) COMMISSION
RECOMMENDATIONS.—Within 3
months of enactment, the Commission shall make a report
to Congress providing its plan for effectuating its obliga-
tions under this Act, including any potential obstacles it
identifies that could inhibit full and reasonably expeditious
implementation.
(b) COMMISSION
GUIDELINES.—The Commission
may publish preliminary, nonbinding guidelines to facili-
tate timely compliance with this Act by electric utilities.
Such guidelines shall be calculated to give notice of the
direction and substance of the Commission’s implementa-
tion of this Act to facilitate orderly transition and timely
compliance, but need not be entirely incorporated in the
Commission’s final rules.
(c) UTILITY COMPLIANCE.—Nothing in this Act shall
prevent utilities from submitting filings in advance of final
Commission rules, nor prevent the Commission from mak-
ing determinations on such filings subject to the final
rules.
SEC. 9. GENERATING SOURCES FREE TO SERVE CONSUM-
ERS AND RESELLERS.
No Federal, State, or local government authority
may—
(1) regulate the pricing, terms, or conditions of
service offerings by electric service providers; or
(2) except as provided in this Act, regulate who
may engage in selling electric energy.
SEC. 10. APPLICABILITY.
This Act shall apply with respect to electric energy
sold for use or resale within the 50 States and the District
of Columbia.
SEC. 11. ANTITRUST LAWS.
Nothing in this Act shall be construed to modify, im-
pair, or supersede the applicability of the Sherman Anti-
trust Act (15 U.S.C. 1 and following) and amendments
thereto, the Clayton Act (15 U.S.C. 12 and following), and
amendments thereto, regulations promulgated under such
laws, and United States court decisions interpreting such
laws.
SEC. 12. JUDICIAL REVIEW.
Judicial review of this Act, or any rule or order under
this Act, within the meaning of section 551(4) of title 5,
United States Code, may be obtained in the United States
Court of Appeals for any appropriate circuit pursuant to
the provisions of chapter 7 of title 5, United States Code,
except that the second sentence of section 705 thereof
shall not apply.
SEC. 13. DEFINITIONS.
For purposes of this Act—
(1) COMMISSION.—The term ‘‘Commission’’
means the Federal Energy Regulatory Commission.
(2) ELECTRIC
SERVICE.—The term ‘‘electric
service’’ shall mean the provision or sale of electric
energy and related goods and services including but
not limited to billing, metering, equipment for mon-
itoring, controlling, or managing the consumption or
quality of electric energy, generation of electric en-
ergy, ancillary services, and other competitively pro-
vided goods and services, but shall not include trans-
mission and distribution service.
(3) TRANSMITTING UTILITY.—The term ‘‘trans-
mitting utility’’ has the meaning given such term in
the Federal Power Act, including any Federal power
marketing agency, and any other person, engaged in
the business of electric energy transmission.
(4) UTILITY
OR
ELECTRIC
UTILITY.—The
terms ‘‘utility’’ and ‘‘electric utility’’ shall mean any
entity which, as of the date of enactment, owns as-
sets for the transmission or distribution of electric
energy.
(5) TRANSMISSION AND DISTRIBUTION SYSTEM
OPERATOR.—The term ‘‘transmission and distribu-
tion system operator’’ shall mean the entity or part
thereof with responsibility for monitoring, contract-
ing, and operating the transmission and distribution
system.
SEC. 14. FEDERAL POWER ACT.
This Act shall supersede any provisions of part II of
the Federal Power Act that are inconsistent with the pro-
visions of this Act.
SEC. 15. EFFECTIVE DATE; SAVINGS PROVISIONS.
(a) EFFECTIVE DATE.—The provisions of this Act
shall take effect 30 days after the date of enactment of
this Act, except to the extent expressly provided otherwise
in this Act.
(b) EXISTING CONTRACTS.—Nothing in this Act shall
alter, diminish, or otherwise affect any rights or obliga-
tions under any contract existing as of the date of the
enactment of this Act.
SEC. 16. EVALUATION OF EFFECTIVENESS.
Not later than 30 months after the date of the enact-
ment of this Act, the Commission shall conduct, by rule,
an evaluation of this Act and submit a report on such eval-
uation to the Congress. Such evaluation shall include each
of the following:
(1) The extent to which electric energy rates
have been reduced, and the combined cost of electric
energy delivered to consumers, including the trans-
mission costs.
(2) The level of service reliability provided to
purchasers of electric energy.
(3) The extent of competition in the electric en-
ergy market.
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