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as may be necessary to carry out this section for fis-
cal years 2003 through 2023. 
‘‘(2) AVAILABILITY OF FUNDS.—Funds made 
available under paragraph (1) shall remain available 
until expended.’’. 
SEC. 16073. RENEWABLE ENERGY ON FEDERAL LANDS. 
(a) REPORT TO CONGRESS.—Within 24 months after 
the date of enactment of this section, the Secretary of the 
Interior, in cooperation with the Secretary of Agriculture, 
shall develop and report to the Congress recommendations 
on opportunities to develop renewable energy on public 
lands under the jurisdiction of the Secretary of the Inte-
rior and National Forest System lands under the jurisdic-
tion of the Secretary of Agriculture. The report shall in-
clude—
(1) 5-year plans developed by the Secretary of 
the Interior and the Secretary of Agriculture, re-
spectively, for encouraging the development of wind 
and solar energy consistent with applicable law and 
management plans; and 
(2) an analysis of—
(A) the use of rights-of-ways, leases, or 
other methods to develop wind and solar energy 
on such lands;
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(B) the anticipated benefits of grants, 
loans, tax credits, or other provisions to pro-
mote wind and solar energy development on 
such lands; and 
(C) any issues that the Secretary of the 
Interior or the Secretary of Agriculture have 
encountered in managing wind or solar energy 
projects on such lands, or believe are likely to 
arise in relation to the development of wind or 
solar energy on such lands; 
(3) a list, developed in consultation with the 
Secretary of Energy and the Secretary of Defense, 
of lands under the jurisdiction of the Department of 
Energy or Defense that would be suitable for devel-
opment for wind or solar energy, and any rec-
ommended statutory and regulatory mechanisms for 
such development; and 
(4) any recommendations pertaining to the 
issues addressed in the report. 
(b) NATIONAL ACADEMY OF SCIENCES STUDY.—
(1) IN
GENERAL.—Within 90 days after the 
date of the enactment of this Act, the Secretary of 
the Interior shall contract with the National Acad-
emy of Sciences to—
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(A) study the potential for the development 
of wind, solar, and ocean energy on the Outer 
Continental Shelf; 
(B) assess existing Federal authorities for 
the development of such resources; and 
(C) recommend statutory and regulatory 
mechanisms for such development. 
(2) TRANSMITTAL OF RESULTS.—The results of 
the study shall be transmitted to the Congress with-
in 24 months after the date of the enactment of this 
Act.
SEC. 16074. ASSESSMENT OF RENEWABLE ENERGY RE-
SOURCES. 
(a) RESOURCE ASSESSMENT.—Not later than 3 
months after the date of enactment of this Act, and each 
year thereafter, the Secretary of Energy shall review the 
available assessments of renewable energy resources avail-
able within the United States, including solar, wind, bio-
mass, ocean, geothermal, and hydroelectric energy re-
sources, and undertake new assessments as necessary, 
taking into account changes in market conditions, avail-
able technologies, and other relevant factors. 
(b) CONTENTS OF REPORTS.—Not later than 1 year 
after the date of enactment of this Act, and each year 
thereafter, the Secretary shall publish a report based on
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the assessment under subsection (a). The report shall con-
tain—
(1) a detailed inventory describing the available 
amount and characteristics of the renewable energy 
resources; and 
(2) such other information as the Secretary be-
lieves would be useful in developing such renewable 
energy resources, including descriptions of sur-
rounding terrain, population and load centers, near-
by energy infrastructure, location of energy and 
water resources, and available estimates of the costs 
needed to develop each resource, together with an 
identification of any barriers to providing adequate 
transmission for remote sources of renewable energy 
resources to current and emerging markets, rec-
ommendations for removing or addressing such bar-
riers, and ways to provide access to the grid that do 
not unfairly disadvantage renewable or other energy 
producers. 
Subtitle G—Market Transparency, 
Round Trip Trading Prohibi-
tion, and Enforcement 
SEC. 16081. MARKET TRANSPARENCY RULES. 
Part II of the Federal Power Act is amended by add-
ing the following new section at the end thereof:
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‘‘SEC. 219. MARKET TRANSPARENCY RULES. 
‘‘(a) COMMISSION RULES.—Not later than 180 days 
after the date of enactment of this section, the Commis-
sion shall issue rules establishing an electronic information 
system to provide the Commission and the public with ac-
cess to such information as is necessary or appropriate 
to facilitate price transparency and participation in mar-
kets subject to the Commission’s jurisdiction. Such sys-
tems shall provide information about the availability and 
market price of sales of electric energy at wholesale in 
interstate commerce and transmission of electric energy 
in interstate commerce to the Commission, State commis-
sions, buyers and sellers of wholesale electric energy, users 
of transmission services, and the public on a timely basis. 
The Commission shall have authority to obtain such infor-
mation from any person, and any entity described in sec-
tion 201(f), who sells electric energy at wholesale in inter-
state commerce or provides transmission services in inter-
state commerce. 
‘‘(b) EXEMPTIONS.—The Commission shall exempt 
from disclosure information it determines would, if dis-
closed, (1) be detrimental to the operation of an effective 
market; or (2) jeopardize system security. This section 
shall not apply to an entity described in section 
212(k)(2)(B) with respect to transactions for the purchase
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or sale of wholesale electric energy and transmission serv-
ices within the area described in section 212(k)(2)(A).’’. 
SEC. 16082. PROHIBITION ON ROUND TRIP TRADING. 
Part II of the Federal Power Act is amended by add-
ing the following new section at the end thereof: 
‘‘SEC. 220. PROHIBITION ON ROUND TRIP TRADING. 
‘‘(a) PROHIBITION.—It shall be a violation of this Act 
for any person, and any entity described in section 201(f), 
willfully and knowingly to enter into any contract or other 
arrangement to execute a round-trip trade for the pur-
chase or sale of electric energy at wholesale. 
‘‘(b) DEFINITION OF ROUND-TRIP TRADE.—For the 
purposes of this section, the term ‘round-trip trade’ means 
a transaction, or combination of transactions, in which a 
person or other entity—
‘‘(1) enters into a contract or other arrange-
ment to purchase from, or sell to, any other person 
or other entity electric energy at wholesale; 
‘‘(2) simultaneously with entering into the con-
tract described in paragraph (1), arranges a finan-
cially offsetting trade with such other person or enti-
ty for the same quantity of electric energy so that, 
collectively, the purchase and sale transactions in 
themselves result in no financial gain or loss; and
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‘‘(3) has a specific intent to distort reported 
revenues, trading volumes, or prices.’’. 
SEC. 16083. CONFORMING CHANGES. 
Section 201(e) of the Federal Power Act is amended 
by striking ‘‘or 212’’ and inserting ‘‘212, 215, 216, 217, 
218, 219, or 220’’. Section 201(b)(2) of such Act is 
amended by striking ‘‘and 212’’ and inserting ‘‘212, 215, 
216, 217, 218, 219, and 220’’. 
SEC. 16084. ENFORCEMENT. 
(a) COMPLAINTS.—Section 306 of the Federal Power 
Act (16 U.S.C. 825e) is amended by—
(1) inserting ‘‘electric utility,’’ after ‘‘Any per-
son,’’; and 
(2) inserting ‘‘, transmitting utility,’’ after ‘‘li-
censee’’ each place it appears. 
(b) REVIEW
OF
COMMISSION
ORDERS.—Section 
313(a) of the Federal Power Act (16 U.S.C. 8251) is 
amended by inserting ‘‘electric utility,’’ after ‘‘person,’’ in 
the first place it appears and by striking ‘‘any person un-
less such person’’ and inserting ‘‘any entity unless such 
entity’’. 
(c) CRIMINAL PENALTIES.—Section 316 of the Fed-
eral Power Act (16 U.S.C. 825o) is amended—
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(1) in subsection (a), by striking ‘‘$5,000’’ and 
inserting ‘‘$1,000,000’’, and by striking ‘‘two years’’ 
and inserting ‘‘five years’’; 
(2) in subsection (b), by striking ‘‘$500’’ and 
inserting ‘‘$25,000’’; and 
(3) by striking subsection (c). 
(d) CIVIL PENALTIES.—Section 316A of the Federal 
Power Act (16 U.S.C. 825–1) is amended—
(1) in subsections (a) and (b), by striking ‘‘sec-
tion 211, 212, 213, or 214’’ each place it appears 
and inserting ‘‘Part II’’; and 
(2) in subsection (b), by striking ‘‘$10,000’’ 
and inserting ‘‘$1,000,000’’. 
Subtitle H—Consumer Protections 
SEC. 16091. REFUND EFFECTIVE DATE. 
Section 206(b) of the Federal Power Act (16 U.S.C. 
824e(b)) is amended by—
(1) striking ‘‘the date 60 days after the filing 
of such complaint nor later than 5 months after the 
expiration of such 60-day period’’ in the second sen-
tence and inserting ‘‘the date of the filing of such 
complaint nor later than 5 months after the filing of 
such complaint’’; 
(2) striking ‘‘60 days after’’ in the third sen-
tence and inserting ‘‘of’’;
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(3) striking ‘‘expiration of such 60-day period’’ 
in the third sentence and inserting ‘‘publication 
date’’; and 
(4) in the fifth sentence after ‘‘rendered by the’’ 
insert ‘‘date 60 days after the’’. 
SEC. 16092. JURISDICTION OVER INTERSTATE SALES. 
(a) SCOPE OF AUTHORITY.—Section 206 of the Fed-
eral Power Act (16 U.S.C. 824e) is amended by adding 
the following new subsection at the end thereof: 
‘‘(e)(1) If an entity that is not a public utility (includ-
ing an entity referred to in section 201(f)) voluntarily 
makes a spot market sale of electric energy and such sale 
violates Commission rules in effect at the time of such 
sale, such entity shall be subject to the Commission’s re-
fund authority under this section with respect to such vio-
lation. 
‘‘(2) This section shall not apply to any entity that 
is either—
‘‘(A) an entity described in section 201(f); or 
‘‘(B) a rural electric cooperative, 
that does not sell more than 4,000,000 megawatt hours 
of electricity per year. 
‘‘(3) For purposes of this subsection, the term ‘spot 
market sale’ means an agreement for the sale of electric 
energy at wholesale in interstate commerce that is for 24
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hours or less and that is entered into the day of, or the 
day prior to, delivery.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 206 of 
the Federal Power Act (16 U.S.C. 824e) is amended as 
follows: 
(A) In subsection (b), in the seventh sentence, 
by striking ‘‘the public utility to make’’. 
(B) In the first sentence of subsection (a), by 
striking ‘‘hearing had’’ and inserting ‘‘hearing held’’. 
(2) Section 201(b)(2) of such Act (16 U.S.C. 
824(b)(2)) is amended as follows: 
(A) In the first sentence by striking ‘‘sections 
210’’ and inserting ‘‘sections 206(f), 210’’. 
(B) In the second sentence by striking ‘‘section 
210’’ and inserting ‘‘section 206(f), 210,’’. 
(3) Section 201(e) of the Federal Power Act is 
amended by striking ‘‘section 210’’ and inserting ‘‘section 
206(f), 210’’. 
(c) UNIFORM INVESTIGATION AUTHORITY.—Section 
307(a) of the Federal Power Act (16 U.S.C. 825f(a)) is 
amended as follows: 
(1) By inserting ‘‘, electric utility, transmitting 
utility, or other entity’’ after ‘‘person’’ each time it 
appears.
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(2) By striking the period at the end of the 
first sentence and inserting the following: ‘‘or in ob-
taining information about the sale of electric energy 
at wholesale in interstate commerce and the trans-
mission of electric energy in interstate commerce.’’. 
(d) SANCTITY OF CONTRACT.—(1) The Federal En-
ergy Regulatory Commission shall have no authority to ab-
rogate or modify any provision of a contract, except upon 
a finding, after notice and opportunity for a hearing, that 
such action is necessary to protect the public interest, un-
less such contract expressly provides for a different stand-
ard of review. 
(2) For purposes of this subsection, a contract is any 
agreement, in effect and subject to the jurisdiction of the 
Commission—
(A) under section 4 of the Natural Gas Act or 
section 205 of the Federal Power Act; and 
(B) that is not for sales in an organized ex-
change or auction spot market. 
(3) This subsection shall not apply to any contract 
executed before the date of enactment of this section un-
less such contract is an interconnection agreement, nor 
shall this subsection affect the outcome in any proceeding 
regarding any contract for sales of electric power executed 
before the date of enactment of this section.
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SEC. 16093. CONSUMER PRIVACY. 
(a) IN GENERAL.—The Federal Trade Commission 
shall issue rules protecting the privacy of electric con-
sumers from the disclosure of consumer information ob-
tained in connection with the sale or delivery of electric 
energy to electric consumers. The Federal Trade Commis-
sion shall proceed in accordance with section 553 of title 
5, United States Code, when prescribing a rule under this 
section. 
(b) STATE AUTHORITY.—If the Federal Trade Com-
mission determines 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. 
SEC. 16094. UNFAIR TRADE PRACTICES. 
(a) SLAMMING.—The Federal Trade Commission 
shall 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. 
(b) CRAMMING.—The Federal Trade Commission 
shall issue rules prohibiting the sale of goods and services 
to an electric consumer unless expressly authorized by law 
or the electric consumer.
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(c) 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. 
(d) STATE AUTHORITY.—If the Federal Trade Com-
mission determines 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. 
Subtitle I—Merger Review Reform 
and Accountability 
SEC. 16101. MERGER REVIEW REFORM AND ACCOUNT-
ABILITY. 
(a) MERGER REVIEW REFORM.—Within 180 days 
after the date of enactment of this Act, the Secretary of 
Energy, in consultation with the Federal Energy Regu-
latory Commission and the Department of Justice, shall 
prepare, and transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
each of the following: 
(1) A study of the extent to which the authori-
ties vested in the Federal Energy Regulatory Com-
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mission under section 203 of the Federal Power Act 
are duplicative of authorities vested in—
(A) other agencies of Federal and State 
government; and 
(B) the Federal Energy Regulatory Com-
mission, including under sections 205 and 206 
of the Federal Power Act. 
(2) Recommendations on reforms to the Fed-
eral Power Act that would eliminate any unneces-
sary duplication in the exercise of regulatory author-
ity or unnecessary delays in the approval (or dis-
approval) of applications for the sale, lease, or other 
disposition of public utility facilities. 
(b) MERGER REVIEW ACCOUNTABILITY.—Not later 
than 1 year after the date of enactment of this Act and 
annually thereafter, with respect to all orders issued with-
in the preceding year that impose a condition on a sale, 
lease, or other disposition of public utility facilities under 
section 203(b) of the Federal Power Act, the Federal En-
ergy Regulatory Commission shall transmit a report to the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate explaining each of the fol-
lowing: 
(1) The condition imposed.
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(2) Whether the Commission could have im-
posed such condition by exercising its authority 
under any provision of the Federal Power Act other 
than under section 203(b). 
(3) If the Commission could not have imposed 
such condition other than under section 203(b), why 
the Commission determined that such condition was 
consistent with the public interest.
Subtitle J—Study of Economic 
Dispatch 
SEC. 16111. STUDY ON THE BENEFITS OF ECONOMIC DIS-
PATCH. 
(a) STUDY.—The Secretary of Energy, in coordina-
tion and consultation with the States, shall conduct a 
study on—
(1) the procedures currently used by electric 
utilities to perform economic dispatch; 
(2) identifying possible revisions to those proce-
dures to improve the ability of nonutility generation 
resources to offer their output for sale for the pur-
pose of inclusion in economic dispatch; and 
(3) the potential benefits to residential, com-
mercial, and industrial electricity consumers nation-
ally and in each state if economic dispatch proce-
dures were revised to improve the ability of non-
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utility generation resources to offer their output for 
inclusion in economic dispatch. 
(b) DEFINITION.—The term ‘‘economic dispatch’’ 
when used in this section means the operation of genera-
tion facilities to produce energy at the lowest cost to reli-
ably serve consumers, recognizing any operational limits 
of generation and transmission facilities. 
(c) REPORT TO CONGRESS AND THE STATES.—Not 
later than 90 days after the date of enactment of this Act, 
and on a yearly basis following, the Secretary of Energy 
shall submit a report to the Congress and the States on 
the results of the study conducted under subsection (a), 
including recommendations to the Congress and the States 
for any suggested legislative or regulatory changes.
TITLE VII—MOTOR FUELS 
Subtitle A—General Provisions 
SEC. 17101. RENEWABLE CONTENT OF MOTOR VEHICLE 
FUEL. 
(a) IN GENERAL.—Section 211 of the Clean Air Act 
(42 U.S.C. 7545) is amended—
(1) by redesignating subsection (o) as sub-
section (q); and 
(2) by inserting after subsection (n) the fol-
lowing: 
‘‘(o) RENEWABLE FUEL PROGRAM.—
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‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) CELLULOSIC
BIOMASS
ETHANOL.—
The term ‘cellulosic biomass ethanol’ means 
ethanol derived from any lignocellulosic or 
hemicellulosic matter that is available on a re-
newable or recurring basis, including—
‘‘(i) dedicated energy crops and trees; 
‘‘(ii) wood and wood residues; 
‘‘(iii) plants; 
‘‘(iv) grasses; 
‘‘(v) agricultural residues; 
‘‘(vi) fibers; 
‘‘(vii) animal wastes, including poultry 
fats and poultry wastes, and other waste 
materials; and 
‘‘(viii) municipal solid waste. 
‘‘(B) RENEWABLE FUEL.—
‘‘(i) IN GENERAL.—The term ‘renew-
able fuel’ means motor vehicle fuel that—
‘‘(I)(aa) is produced from grain, 
starch, oilseeds, or other biomass; or 
‘‘(bb) is natural gas produced 
from a biogas source, including a 
landfill, sewage waste treatment plant,
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feedlot, or other place where decaying 
organic material is found; and 
‘‘(II) is used to replace or reduce 
the quantity of fossil fuel present in a 
fuel mixture used to operate a motor 
vehicle. 
‘‘(ii) INCLUSION.—The term ‘renew-
able fuel’ includes cellulosic biomass eth-
anol and biodiesel (as defined in section 
312(f) of the Energy Policy Act of 1992 
(42 U.S.C. 13220(f)) and any blending 
components derived from renewable fuel 
(provided that only the renewable fuel por-
tion of any such blending component shall 
be considered part of the applicable volume 
under the renewable fuel program estab-
lished by this subsection). 
‘‘(C) SMALL REFINERY.—The term ‘small 
refinery’ means a refinery for which average ag-
gregate daily crude oil throughput for the cal-
endar year (as determined by dividing the ag-
gregate throughput for the calendar year by the 
number of days in the calendar year) does not 
exceed 75,000 barrels. 
‘‘(2) RENEWABLE FUEL PROGRAM.—
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‘‘(A) IN GENERAL.—Not later than 1 year 
from enactment of this provision, the Adminis-
trator shall promulgate regulations ensuring 
that gasoline sold or dispensed to consumers in 
the contiguous United States, on an annual av-
erage basis, contains the applicable volume of 
renewable fuel as specified in subparagraph 
(B). Regardless of the date of promulgation, 
such regulations shall contain compliance provi-
sions for refiners, blenders, and importers, as 
appropriate, to ensure that the requirements of 
this section are met, but shall not restrict where 
renewables can be used, or impose any per-gal-
lon obligation for the use of renewables. If the 
Administrator does not promulgate such regula-
tions, the applicable percentage, on a volume 
percentage of gasoline basis, shall be 1.62 in 
2005. 
‘‘(B) APPLICABLE VOLUME.—
‘‘(i) CALENDAR YEARS 2005 THROUGH 
2015.—For the purpose of subparagraph 
(A), the applicable volume for any of cal-
endar years 2005 through 2015 shall be 
determined in accordance with the fol-
lowing table:
Applicable volume of renewable fuel
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‘‘Calendar year: 
(In billions of gallons) 
2005 .....................................................................................
2.7
2006 .....................................................................................
2.7
2007 .....................................................................................
2.9
2008 .....................................................................................
2.9
2009 .....................................................................................
3.4
2010 .....................................................................................
3.4
2011 .....................................................................................
3.4
2012 .....................................................................................
4.2
2013 .....................................................................................
4.2
2014 .....................................................................................
4.2
2015 .....................................................................................
5.0.
‘‘(ii) CALENDAR
YEAR
2016
AND 
THEREAFTER.—For the purpose of sub-
paragraph (A), the applicable volume for 
calendar year 2016 and each calendar year 
thereafter shall be equal to the product ob-
tained by multiplying—
‘‘(I) the number of gallons of 
gasoline that the Administrator esti-
mates will be sold or introduced into 
commerce in the calendar year; and 
‘‘(II) the ratio that—
‘‘(aa) 5.0 billion gallons of 
renewable fuels; bears to 
‘‘(bb) the number of gallons 
of gasoline sold or introduced 
into commerce in calendar year 
2015. 
‘‘(3) APPLICABLE
PERCENTAGES.—Not later 
than October 31 of each calendar year after 2002, 
the Administrator of the Energy Information Ad-
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ministration shall provide the Administrator an esti-
mate of the volumes of gasoline sales in the United 
States for the coming calendar year. Based on such 
estimates, the Administrator shall, by November 30 
of each calendar year after 2003, determine and 
publish in the Federal Register, the renewable fuel 
obligation, on a volume percentage of gasoline basis, 
applicable to refiners, blenders, and importers, as 
appropriate, for the coming calendar year, to ensure 
that the requirements of paragraph (2) are met. For 
each calendar year, the Administrator shall establish 
a single applicable percentage that applies to all par-
ties, and make provision to avoid redundant obliga-
tions. In determining the applicable percentages, the 
Administrator shall make adjustments to account for 
the use of renewable fuels by exempt small refineries 
during the previous year. 
‘‘(4) CELLULOSIC BIOMASS ETHANOL.—For the 
purpose of paragraph (2), 1 gallon of cellulosic bio-
mass ethanol shall be considered to be the equivalent 
of 1.5 gallon of renewable fuel. 
‘‘(5) CREDIT PROGRAM.—
‘‘(A) IN GENERAL.—The regulations pro-
mulgated to carry out this subsection shall pro-
vide for the generation of an appropriate
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amount of credits by any person that refines, 
blends, or imports gasoline that contains a 
quantity of renewable fuel that is greater than 
the quantity required under paragraph (2). 
Such regulations shall provide for the genera-
tion of an appropriate amount of credits for 
biodiesel fuel. If a small refinery notifies the 
Administrator that it waives the exemption pro-
vided by this Act, the regulations shall provide 
for the generation of credits by the small refin-
ery beginning in the year following such notifi-
cation. 
‘‘(B) USE
OF
CREDITS.—A person that 
generates credits under subparagraph (A) may 
use the credits, or transfer all or a portion of 
the credits to another person, for the purpose 
of complying with paragraph (2). 
‘‘(C) LIFE
OF
CREDITS.—A credit gen-
erated under this paragraph shall be valid to 
show compliance: 
‘‘(i) in the calendar year in which the 
credit was generated or the next calendar 
year, or 
‘‘(ii) in the calendar year in which the 
credit was generated or next two consecu-
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able fuel at competitive prices to fulfill the re-
quirement in paragraph (2); 
‘‘(B) the potential of the requirement in 
paragraph (2) to significantly raise the price of 
gasoline, food or heating oil for consumers in 
any significant area or region of the country 
above the price that would otherwise apply to 
such commodities in the absence of the require-
ment; 
‘‘(C) the potential of the requirement in 
paragraph (2) to interfere with the supply of 
fuel in any significant gasoline market or region 
of the country, including interference with the 
efficient operation of refiners, blenders, import-
ers, wholesale suppliers, and retail vendors of 
gasoline, and other motor fuels; and 
‘‘(D) the potential of the requirement to 
cause or promote exceedences of Federal, State, 
or local air quality standards. 
If the Secretary determines, after public notice and 
the opportunity for comment, that the requirement 
of paragraph (2) would have significant and mean-
ingful adverse impact on the supply of fuel and re-
lated infrastructure or on the economy, environment, 
public health or environment of any significant area
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or region of the country, the Secretary may waive, 
in whole or in part, the requirement of paragraph 
(2) in any one year or period of years as well as re-
duce the applicable volume of renewable fuel con-
tained in paragraph (2)(B) in any one year or period 
of years. 
‘‘(10) SMALL REFINERIES.—
‘‘(A) IN
GENERAL.—The requirement of 
paragraph (2) shall not apply to small refineries 
until the first calendar year beginning more 
than 5 years after the first year set forth in the 
table in paragraph (2)(B)(i). Not later than De-
cember 31, 2006, the Secretary of Energy shall 
complete for the Administrator a study to de-
termine whether the requirement of paragraph 
(2) would impose a disproportionate economic 
hardship on small refineries. For any small re-
finery that the Secretary of Energy determines 
would experience a disproportionate economic 
hardship, the Administrator shall extend the 
small refinery exemption for such small refinery 
for no less than two additional years. 
‘‘(B) ECONOMIC HARDSHIP.—
‘‘(i) EXTENSION OF EXEMPTION.—A 
small refinery may at any time petition the