I 
117TH CONGRESS 
2D SESSION 
H. R. 9042 
To amend the Federal Power Act and the Tennessee Valley Authority Act 
of 1933 to reform the Tennessee Valley Authority’s ratemaking authori-
ties, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2022 
Mr. COHEN introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Power Act and the Tennessee Valley 
Authority Act of 1933 to reform the Tennessee Valley 
Authority’s ratemaking authorities, 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. SHORT TITLE. 
This Act may be cited as the ‘‘TVA Reform and Con-
sumer Protection Act’’. 
SEC. 2. TENNESSEE VALLEY AUTHORITY REFORMS. 
(a) FEDERAL POWER ACT AMENDMENTS.— 
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(1) APPLICABILITY OF PART.—Section 201(f) 
of the Federal Power Act (16 U.S.C. 824(f)) is 
amended by inserting ‘‘(other than the Tennessee 
Valley Authority)’’ after ‘‘instrumentality’’. 
(2) CERTAIN WHEELING AUTHORITY.—Section 
211 of the Federal Power Act (16 U.S.C. 824j) is 
amended by adding at the end the following: 
‘‘(f) TRANSFER OF CONTROL OF TRANSMITTING FA-
CILITIES.—Nothing in this section authorizes the Commis-
sion to require the Tennessee Valley Authority to transfer 
control or operational control of its transmitting facilities 
to a Transmission Organization that is designated to pro-
vide nondiscriminatory transmission access.’’. 
(3) PROVISIONS REGARDING CERTAIN ORDERS 
REQUIRING INTERCONNECTION OR WHEELING.—Sec-
tion 212(j) of the Federal Power Act (16 U.S.C. 
824k(j)) is repealed. 
(b) TENNESSEE VALLEY AUTHORITY ACT OF 1933 
AMENDMENTS.— 
(1) DUTIES OF THE BOARD OF DIRECTORS.— 
Section 2(g)(1)(L) of the Tennessee Valley Author-
ity Act of 1933 (16 U.S.C. 831a(g)(1)(L)) is amend-
ed by inserting ‘‘, subject to approval by the Federal 
Energy Regulatory Commission’’ before the semi-
colon. 
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(2) SALE OF SURPLUS POWER.—Section 10 of 
the Tennessee Valley Authority Act of 1933 (16 
U.S.C. 831i) is amended— 
(A) by striking ‘‘for a term not exceeding 
twenty years’’; 
(B) by striking ‘‘all contracts made with 
private companies or individuals for the sale of 
power, which power is to be resold for a profit, 
shall contain a provision authorizing the Board 
to cancel said contract upon five years’ notice 
in writing, if the Board needs said power to 
supply the demands of States, counties, or mu-
nicipalities. In order’’ and inserting ‘‘in order’’; 
(C) by striking ‘‘at reasonable rates and to 
make such rules and regulations governing such 
sale and distribution of such electric power as 
in its judgment may be just and equitable’’ and 
inserting ‘‘at just and reasonable rates, and to 
make rules and regulations governing such sale 
and distribution of such electric power that are 
just and reasonable, subject to approval by the 
Federal Energy Regulatory Commission’’; and 
(D) by striking ‘‘and in case the purchaser 
shall fail to comply with any such terms and 
conditions, or violate any such rules and regula-
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tions, said contract may provide that it shall be 
voidable at the election of the Board’’ and in-
serting ‘‘subject to approval by the Federal En-
ergy Regulatory Commission’’. 
(3) RATES WHEN SOLD FOR RESALE AT PROF-
IT.—Section 12 of the Tennessee Valley Authority 
Act of 1933 (16 U.S.C. 831k) is amended by strik-
ing ‘‘as reasonable, just, and fair; and in case of any 
such sale, if an amount is charged the ultimate con-
sumer which is in excess of the price so deemed to 
be just, reasonable, and fair by the Board, the con-
tract for such sale between the Board and such dis-
tributor of electricity shall be voidable at the election 
of the Board’’ and inserting ‘‘as just and reasonable, 
subject to approval by the Federal Energy Regu-
latory Commission’’. 
(4) RESTRICTION ON CONTRACTS FOR SALE OR 
DELIVERY OF POWER.—Section 15d(a) of the Ten-
nessee Valley Authority Act of 1933 (16 U.S.C. 
831n–4(a)) is amended— 
(A) by striking ‘‘Unless otherwise specifi-
cally authorized by Act of Congress the Cor-
poration shall make no contracts for the sale or 
delivery of power which would have the effect of 
making the Corporation or its distributors, di-
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rectly or indirectly, a source of power supply 
outside the area for which the Corporation or 
its distributors were the primary source of 
power supply on July 1, 1957, and such addi-
tional area extending not more than five miles 
around the periphery of such area as may be 
necessary to care for the growth of the Cor-
poration and its distributors within said area: 
Provided, however, That such additional area 
shall not in any event increase by more than 
21⁄2 per centum (or two thousand square miles, 
whichever is the lesser) the area for which the 
Corporation and its distributors were the pri-
mary source of power supply on July 1, 1957: 
And provided further, That no part of such ad-
ditional area may be in a State not now served 
by the Corporation or its distributors or in a 
municipality receiving electric service from an-
other source on or after July 1, 1957, and no 
more than five hundred square miles of such 
additional area may be in any one State now 
served by the Corporation or its distributors.’’; 
(B) by striking ‘‘Nothing in this subsection 
shall prevent the Corporation or its distributors 
from supplying electric power to any customer 
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within any area in which the Corporation or its 
distributors had generally established electric 
service on July 1, 1957, and to which electric 
service was not being supplied from any other 
source on the effective date of this Act.’’; and 
(C) by striking ‘‘Nothing in this subsection 
shall prevent the Corporation, when economi-
cally feasible, from making exchange power ar-
rangements with other power-generating organi-
zations with which the Corporation had such 
arrangements on July 1, 1957’’ and inserting 
‘‘Nothing in this Act shall prevent the Corpora-
tion or its distributors from supplying electric 
power to any customer within any area, nor 
prevent the Corporation, when economically fea-
sible, from making exchange power arrange-
ments with other power-generating organiza-
tions’’. 
Æ 
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