I 
108TH CONGRESS 
1ST SESSION H. R. 1341
To prospectively repeal section 210 of the Public Utility Regulatory Policies 
Act of 1978, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2003
Mr. STEARNS (for himself, Mr. BURR, Mr. BILIRAKIS, Mr. TOWNS, Mr. 
DEUTSCH, Ms. CORRINE BROWN of Florida, Mr. MICA, and Mr. FER-
GUSON) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To prospectively repeal section 210 of the Public Utility 
Regulatory Policies Act of 1978, 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 ‘‘Ratepayer Protection 
Act’’. 
SEC. 2. FINDINGS. 
The Congress finds that—
(1) implementation of section 210 of the Public 
Utility Regulatory Policies Act of 1978 (16 U.S.C.
824a–3) resulted in many consumers paying exces-
sive rates for electricity; 
(2) the Energy Policy Act of 1992 gives non-
regulated producers of electricity additional access to 
the wholesale electric market through transmission 
access and exemption from the Public Utility Hold-
ing Company Act of 1935; and 
(3) in light of the competitive wholesale electric 
marketplace brought about by the Energy Policy Act 
of 1992, and Federal Energy Regulatory Commis-
sion Orders No. 888 and 889, section 210 of the 
Public Utility Regulatory Policies Act of 1978 need 
no longer exist. 
SEC. 3. PROSPECTIVE REPEAL. 
(a) NEW CONTRACTS.—After the date of enactment 
of this Act, no electric utility shall be required to enter 
into a new contract or obligation to purchase or to sell 
electric energy or capacity pursuant to section 210 of the 
Public Utility Regulatory Policies Act of 1978. 
(b) EXISTING RIGHTS
AND REMEDIES
NOT AF-
FECTED.—Nothing in this section affects the rights or 
remedies of any party with respect to the purchase or sale 
of electric energy or capacity from or to a facility deter-
mined to be a qualifying small power production facility 
or a qualifying cogeneration facility under section 210 of
the Public Utility Regulatory Policies Act of 1978 pursu-
ant to any contract or obligation to purchase or to sell 
electric energy or capacity in effect on the date of enact-
ment of this Act including the right to recover the costs 
of purchasing such electric energy or capacity. 
(c) INTERPRETATIONS AND ACTIONS TAKEN.—Noth-
ing in this Act may be deemed or construed as implying 
congressional ratification of any interpretation of, or any 
action taken pursuant to, the Public Utility Regulatory 
Policies Act of 1978. 
SEC. 4. RECOVERY OF COSTS. 
In order to assure recovery by electric utilities pur-
chasing electric energy or capacity from a qualifying facil-
ity pursuant to any legally enforceable obligation entered 
into or imposed pursuant to section 210 of the Public Util-
ity Regulatory Policies Act of 1978 prior to the date of 
enactment of this Act of all costs associated with such pur-
chases, the Commission shall promulgate and enforce such 
regulations as may be required to assure that no utility 
shall be required directly or indirectly to absorb the costs 
associated with such purchases from a qualifying facility. 
Such regulations shall be treated as a rule enforceable 
under the Federal Power Act (16 U.S.C. 791a–825r). 
SEC. 5. DEFINITIONS. 
For purposes of this Act:
(1) The term ‘‘Commission’’ means the Federal 
Energy Regulatory Commission. 
(2) The term ‘‘electric utility’’ means any per-
son, State agency, or Federal agency, which sells 
electric energy. 
(3) The term ‘‘qualifying small power produc-
tion facility’’ has the same meaning as provided in 
section 3(17)(C) of the Federal Power Act. 
(4) The term ‘‘qualifying cogeneration facility’’ 
has the same meaning as provided in section 
3(18)(A) of the Federal Power Act. 
(5) The term ‘‘qualifying facility’’ means either 
a small power production facility or a qualifying co-
generation facility.
Æ