a retail electric utility certifies and adequately 
documents to the Commission that it has adopt-
ed a policy that is at least as stringent, with re-
spect to electric consumer access to retail elec-
tric energy information, as the model rule 
issued under subsection (c), the Commission 
shall make a determination under subparagraph 
(A) within 90 days of receipt of such certifi-
cation. 
‘‘(4) RULE OF CONSTRUCTION.—Except as pro-
vided in paragraph (1) of this subsection, nothing in 
this section shall be construed to create a private 
right of action. 
‘‘(f) COST RECOVERY.—A retail electric utility shall 
not be denied the opportunity to recover prudently in-
curred incremental costs of complying with the require-
ments of this section, in accordance with any applicable 
State or Federal law.’’. 
(b) STATE CONSIDERATION OF MODEL RULE.— 
(1) CONSIDERATION.—Section 111(d) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2621(d)) is amended by adding at the end 
the following: 
‘‘(20) CONSUMER ACCESS TO RETAIL ELECTRIC 
ENERGY
INFORMATION.—Each electric utility pro-
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viding retail electric service to an electric consumer 
shall provide such consumer with access to informa-
tion regarding such consumers electric energy usage, 
and prices applicable to such usage, in accordance 
with the model rule issued by the Commission under 
section 215(c).’’. 
(2) TIMING.—Section 112(b) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 
2622(b)) is amended by adding at the end the fol-
lowing: 
‘‘(7)(A) As soon as practicable after the 
issuance by the Commission of the model rule under 
section 215(c), each State regulatory authority (with 
respect to each electric utility for which it has rate-
making authority) and each nonregulated utility 
shall commence the consideration referred to in sec-
tion 111, or set a hearing date for consideration, 
with respect to the standard established by para-
graph (20) of section 111(d). 
‘‘(B) Not later than 1 year after the date of the 
issuance by the Commission of the model rule under 
section 215(c), each State regulatory authority (with 
respect to each electric utility for which it has rate-
making authority) and each nonregulated utility 
shall make the determination, referred to in section 
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111 with respect to the standard established by 
paragraph (20) of section 111(d).’’. 
(3) FAILURE TO COMPLY.—Section 112(c) of 
the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2622(c)) is amended by striking ‘‘(19)’’ 
and inserting ‘‘(20)’’. 
(4) PRIOR STATE ACTIONS.—Section 112 of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2622) is amended by adding at the end the 
following: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) of this section shall not apply to the standard estab-
lished by paragraph (20) of section 111(d) in the case of 
any electric utility in a State if, before the issuance of 
the model rule under section 215(c)— 
‘‘(1) the State has implemented for such utility 
the standard concerned (or a comparable standard); 
‘‘(2) the State regulatory authority for such 
State or relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard concerned (or a comparable stand-
ard) for such utility; or 
‘‘(3) the State legislature has voted on imple-
mentation of such standard (or a comparable stand-
ard) for such utility.’’. 
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(c) CONFORMING AMENDMENT.—The table of con-
tents for the Public Utility Regulatory Policies Act of 
1978 is amended by adding after the item relating to sec-
tion 214 the following new item: 
‘‘Sec. 215. Electric consumer right to access electric energy information.’’. 
Æ 
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