I 
110TH CONGRESS 
2D SESSION 
H. R. 7230 
To amend the Federal Power Act to provide for enforcement, including 
criminal penalties, by the Federal Energy Regulatory Commission of 
electric reliability standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2008 
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee on Transportation and Infrastructure, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Power Act to provide for enforcement, 
including criminal penalties, by the Federal Energy Reg-
ulatory Commission of electric reliability standards, and 
for other purposes. 
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 ‘‘Save America’s Utility 
Infrastructure and Secure America Now Act of 2008’’. 
SEC. 2. FINDINGS. 
The Congress finds that: 
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(1) The blackout of August 2003 in the North-
east, Midwest, and adjoining parts of Canada high-
lighted the need for infrastructure and operating im-
provements. 
(2) In 2005 Hurricane Wilma destroyed power 
in most of southern Florida, and within 6 months, 
Florida utility regulators inserted requirements that 
utilities harden their system over time and create a 
regular schedule of clearing vegetation from power 
lines to ensure electric reliability. 
(3) In Iowa, in 2008, over two dozen people 
were killed and 148 injured as a result of flooding. 
Flood warnings covered a span of about 325 miles 
from Dubuque, Iowa to St. Louis, Missouri with 
over 35,000 families evacuated from their homes. 
(4) The devastation from Hurricane Katrina 
and its calamitous results can still be seen across the 
Gulf Coast. Hurricane Katrina cost over 1,800 lives, 
billions of dollars in damage and catastrophic loss 
and the largest single loss in the history of insurance 
at $40.6 billion with more than 1.7 million claims 
across 6 States (Louisiana, Mississippi, Alabama, 
Florida, Tennessee, and Georgia). 
(5) Early estimates of Hurricane Ike’s destruc-
tion are $9.8 billion in insured damages, which 
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would make it the 4th most expensive hurricane in 
the history of the United States, according to the In-
surance Information Institute. Hurricane Katrina 
caused $43 billion in damages. 
(6) Cedric Delane passed away September 14, 
2008, due in part to a lack of electricity and not 
being identified as part of the vulnerable class of 
people that needed assistance immediately. Cedric 
was a 5th grade student at Blackshear Elementary 
in Houston, Texas. Cedric was an asthmatic and 
suffered a severe attack during Hurricane Ike. The 
lack of electrical power prevented the use of his 
breathing machine, which could possibly have saved 
his life. The paramedics were called and Cedric was 
transported to the hospital, but he did not survive. 
(7) There have been more than 370,000 over-
night shelter stays, over 8.77 million meals served, 
and over 190,000 clean-up kits and comfort kits dis-
tributed in the Houston-Galveston area of Texas 
after Hurricanes Gustav and Ike. 
(8) The Texas Public Utility Commissioners did 
not require electric companies on the coast to ensure 
reliability in their distribution systems against hurri-
canes after the Texas Public Utility Commission 
staff recommended aggressive tree-trimming pro-
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grams and major upgrades, including replacing 
wooden electric polls with metal or concrete polls in 
2005 after Hurricane Rita. 
(9) Texas Public utility companies fought the 
recommendations on the grounds that upgrading the 
distribution system would cost far more than repair-
ing it after a storm, however the Texas Public Util-
ity Commission ordered a cost-benefit analysis of 
only one recommendation: moving electric sub-
stations out of flood zones. 
(10) There were 28 Houston-area deaths attrib-
uted to Hurricane Ike with over a half a million peo-
ple without electrical power for more than a week in-
cluding many elderly, disabled, and medically-de-
pendent persons. 
(11) Without criminal enforcement of reliability 
standards with penalties by FERC and cost-benefit 
studies that include United States Census and Fed-
eral Emergency Management Agency data on vulner-
able populations and loss of electricity on those pop-
ulations, greater loss of property and life will occur. 
SEC. 3. FERC ENFORCEMENT AUTHORITY. 
Section 215(e) of the Federal Power Act (16 U.S.C. 
824o) is amended as follows: 
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(1) In paragraph (1) by striking ‘‘ERO may 
impose, subject to paragraph (2),’’ and inserting 
‘‘Commission may impose’’ and by striking ‘‘if the 
ERO’’ and inserting ‘‘if the Commission’’. 
(2) Paragraph (2) is amended to read as fol-
lows: 
‘‘(2) Any person who violates any standard ap-
proved by the Commission under subsection (d) 
shall, upon conviction, be fined in accordance with 
title 18, United States Code, or imprisoned not more 
than 5 years, or both.’’. 
(3) Paragraph (4) is repealed. 
(4) In paragraph (6) by striking ‘‘penalty im-
posed under this section’’ and inserting ‘‘civil pen-
alty imposed under paragraph (1) of this section’’. 
SEC. 4. DISTURBANCES LASTING LONGER THAN 5 DAYS. 
Within 180 days after the enactment of this Act the 
Federal Energy Regulatory Commission shall issue a rule 
under section 215 of the Federal Power Act amending the 
reliability standards under that section to prohibit disturb-
ances (other than planned maintenance) lasting greater 
than 5 days at substations subject to section 215. 
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