I
106TH CONGRESS
1ST SESSION
H. R. 1138
To prospectively repeal section 210 of the Public Utility Regulatory Policies
Act of 1978.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1999
Mr. STEARNS (for himself, Mr. TOWNS, Mr. HOUGHTON, Mr. ENGLISH, Mr.
MURTHA, Mr. BILBRAY, Mr. PETERSON of Pennsylvania, Mr. BOEHLERT,
Ms. DUNN, Mr. PACKARD, Mr. BOYD, Mr. LEWIS of California, Mr.
MICA, and Mrs. THURMAN) introduced the following bill; which was re-
ferred to the Committee on Commerce
A BILL
To prospectively repeal section 210 of the Public Utility
Regulatory Policies Act of 1978.
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, 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 January 6, 1999,
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 production
facility’’ has the same meaning as provided in sec-
tion 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; and
(5) the term ‘‘qualifying facility’’ means either
a small power production facility or a qualifying co-
generation facility.
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