H. R. 6—388
why it has failed to do so and shall state its best estimate 
as to when it reasonably expects to make such decision.’’. 
SEC. 1286. REFUND AUTHORITY. 
Section 206 of the Federal Power Act (16 U.S.C. 824e) is 
amended by adding at the end the following: 
‘‘(e)(1) In this subsection: 
‘‘(A) The term ‘short-term sale’ means an agreement for 
the sale of electric energy at wholesale in interstate commerce 
that is for a period of 31 days or less (excluding monthly 
contracts subject to automatic renewal). 
‘‘(B) The term ‘applicable Commission rule’ means a 
Commission rule applicable to sales at wholesale by public 
utilities that the Commission determines after notice and com-
ment should also be applicable to entities subject to this sub-
section. 
‘‘(2) If an entity described in section 201(f) voluntarily makes 
a short-term sale of electric energy through an organized market 
in which the rates for the sale are established by Commission-
approved tariff (rather than by contract) and the sale violates 
the terms of the tariff or applicable Commission rules in effect 
at the time of the sale, the entity shall be subject to the refund 
authority of the Commission under this section with respect to 
the violation. 
‘‘(3) This section shall not apply to— 
‘‘(A) any entity that sells in total (including affiliates of 
the entity) less than 8,000,000 megawatt hours of electricity 
per year; or 
‘‘(B) an electric cooperative. 
‘‘(4)(A) The Commission shall have refund authority under para-
graph (2) with respect to a voluntary short term sale of electric 
energy by the Bonneville Power Administration only if the sale 
is at an unjust and unreasonable rate. 
‘‘(B) The Commission may order a refund under subparagraph 
(A) only for short-term sales made by the Bonneville Power Adminis-
tration at rates that are higher than the highest just and reasonable 
rate charged by any other entity for a short-term sale of electric 
energy in the same geographic market for the same, or most nearly 
comparable, period as the sale by the Bonneville Power Administra-
tion. 
‘‘(C) In the case of any Federal power marketing agency or 
the Tennessee Valley Authority, the Commission shall not assert 
or exercise any regulatory authority or power under paragraph 
(2) other than the ordering of refunds to achieve a just and reason-
able rate.’’. 
SEC. 1287. CONSUMER PRIVACY AND UNFAIR TRADE PRACTICES. 
(a) PRIVACY.—The Federal Trade Commission may issue rules 
protecting the privacy of electric consumers from the disclosure 
of consumer information obtained in connection with the sale or 
delivery of electric energy to electric consumers. 
(b) SLAMMING.—The Federal Trade Commission may issue rules 
prohibiting the change of selection of an electric utility except 
with the informed consent of the electric consumer or if approved 
by the appropriate State regulatory authority. 
(c) CRAMMING.—The Federal Trade Commission may issue rules 
prohibiting the sale of goods and services to an electric consumer 
unless expressly authorized by law or the electric consumer.
H. R. 6—389
(d) RULEMAKING.—The Federal Trade Commission shall proceed 
in accordance with section 553 of title 5, United States Code, 
when prescribing a rule under this section. 
(e) STATE AUTHORITY.—If the Federal Trade Commission deter-
mines that a State’s regulations provide equivalent or greater 
protection than the provisions of this section, such State regulations 
shall apply in that State in lieu of the regulations issued by the 
Commission under this section. 
(f) DEFINITIONS.—For purposes of this section: 
(1) STATE REGULATORY AUTHORITY.—The term ‘‘State regu-
latory authority’’ has the meaning given that term in section 
3(21) of the Federal Power Act (16 U.S.C. 796(21)). 
(2) ELECTRIC CONSUMER AND ELECTRIC UTILITY.—The terms 
‘‘electric consumer’’ and ‘‘electric utility’’ have the meanings 
given those terms in section 3 of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2602). 
SEC. 1288. AUTHORITY OF COURT TO PROHIBIT INDIVIDUALS FROM 
SERVING 
AS 
OFFICERS, 
DIRECTORS, 
AND 
ENERGY 
TRADERS. 
Section 314 of the Federal Power Act (16 U.S.C. 825m) is 
amended by adding at the end the following: 
‘‘(d) In any proceedings under subsection (a), the court may 
prohibit, conditionally or unconditionally, and permanently or for 
such period of time as the court determines, any individual who 
is engaged or has engaged in practices constituting a violation 
of section 221 (and related rules and regulations) from— 
‘‘(1) acting as an officer or director of an electric utility; 
or 
‘‘(2) engaging in the business of purchasing or selling— 
‘‘(A) electric energy; or 
‘‘(B) transmission services subject to the jurisdiction 
of the Commission.’’. 
SEC. 1289. MERGER REVIEW REFORM. 
(a) IN GENERAL.—Section 203(a) of the Federal Power Act (16 
U.S.C. 824b(a)) is amended to read as follows: 
‘‘(a)(1) No public utility shall, without first having secured 
an order of the Commission authorizing it to do so— 
‘‘(A) sell, lease, or otherwise dispose of the whole of 
its facilities subject to the jurisdiction of the Commission, 
or any part thereof of a value in excess of $10,000,000; 
‘‘(B) merge or consolidate, directly or indirectly, such 
facilities or any part thereof with those of any other person, 
by any means whatsoever; 
‘‘(C) purchase, acquire, or take any security with a 
value in excess of $10,000,000 of any other public utility; 
or 
‘‘(D) purchase, lease, or otherwise acquire an existing 
generation facility— 
‘‘(i) that has a value in excess of $10,000,000; 
and 
‘‘(ii) that is used for interstate wholesale sales 
and over which the Commission has jurisdiction for 
ratemaking purposes. 
‘‘(2) No holding company in a holding company system 
that includes a transmitting utility or an electric utility shall 
purchase, acquire, or take any security with a value in excess