836 
HR 6 PAP 
‘‘(5)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State regulatory authority has ratemaking 
authority) and each nonregulated utility shall, with 
respect to the standard established by section 
111(d)(15)— 
‘‘(i) commence the consideration under sec-
tion 111(a); or 
‘‘(ii) set a hearing date for the consider-
ation. 
‘‘(B) Not later than 2 years after the date of en-
actment of this paragraph, each State regulatory au-
thority (with respect to each electric utility for which 
the State regulatory authority has ratemaking au-
thority) and each nonregulated electric utility shall, 
with respect to the standard established by section 
111(d)(15), complete the consideration and make the 
determination under section 111(a).’’. 
(2) FAILURE TO COMPLY.—Section 112(c) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2622(c)) (as amended by section 1252(h)) is 
amended by adding at the end the following: ‘‘In the 
case of the standard established by paragraph (15), 
the reference contained in this subsection to the date
837 
HR 6 PAP 
of enactment of this Act shall be considered to be a 
reference to the date of enactment of paragraph 
(15).’’. 
(3) PRIOR STATE ACTIONS.— 
(A) IN
GENERAL.—Section 112(e) of the 
Public Utility Regulatory Policies Act of 1978 
(as added by section 1252(i)(1)) is amended by 
striking ‘‘paragraph 14’’ and inserting ‘‘para-
graph (14) or (15)’’. 
(B) 
CONFORMING
AMENDMENT.—Section 
124 of the Public Utility Regulatory Policies Act 
of 1978 (16 U.S.C. 2634) (as amended by section 
1252(i)(2)) is amended by adding at the end the 
following: ‘‘In the case of each standard estab-
lished by section 111(d)(15), the reference con-
tained in this section to the date of enactment of 
the Act shall be considered to be a reference to 
the date of enactment of paragraph (15).’’. 
Subtitle F—Market Transparency, 
Enforcement, 
and 
Consumer 
Protection 
SEC. 1261. MARKET TRANSPARENCY RULES. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) (as amended by section 1241) is amended by adding 
at the end the following:
838 
HR 6 PAP 
‘‘SEC. 221. MARKET TRANSPARENCY RULES. 
‘‘(a) IN GENERAL.—The Commission may issue such 
rules as the Commission considers to be appropriate to es-
tablish an electronic information system to provide the 
Commission and the public with access to such information 
as is necessary or appropriate to facilitate price trans-
parency and participation in markets for the sale in inter-
state commerce of electric energy at wholesale. 
‘‘(b) INFORMATION TO BE MADE AVAILABLE.—(1) The 
system under subsection (a) shall provide, on a timely basis, 
information about the availability and market price of 
wholesale electric energy and transmission services to the 
Commission, State commissions, buyers and sellers of 
wholesale electric energy, users of transmission services, and 
the public. 
‘‘(2) In determining the information to be made avail-
able under the system and the time at which to make such 
information available, the Commission shall seek to ensure 
that consumers and competitive markets are protected from 
the adverse effects of potential collusion or other anti-
competitive behaviors that can be facilitated by untimely 
public disclosure of transaction-specific information. 
‘‘(c) AUTHORITY
TO
OBTAIN
INFORMATION.—The 
Commission shall have authority to obtain information de-
scribed in subsections (a) and (b) from any electric utility
839 
HR 6 PAP 
or transmitting utility (including any entity described in 
section 201(f)). 
‘‘(d) EXEMPTIONS.—The rules of the Commission, if 
adopted, shall exempt from disclosure information that the 
Commission determines would, if disclosed— 
‘‘(1) be detrimental to the operation of an effec-
tive market; or 
‘‘(2) jeopardize system security. 
‘‘(e) COMMODITY FUTURES TRADING COMMISSION.— 
(1) This section shall not affect the exclusive jurisdiction 
of the Commodity Futures Trading Commission with re-
spect to accounts, agreements, contracts, or transactions in 
commodities under the Commodity Exchange Act (7 U.S.C. 
1 et seq.). 
‘‘(2) Any request by the Commission for information 
to a designated contract market, registered derivatives 
transaction execution facility, board of trade, exchange, or 
market involving an account, agreement, contract, or trans-
action in a commodity (including natural gas, electricity 
and other energy commodities) within the exclusive juris-
diction of the Commodity Futures Trading Commission 
shall be directed to the Commodity Futures Trading Com-
mission, which shall cooperate in responding to any infor-
mation request by the Commission.
840 
HR 6 PAP 
‘‘(f) SAVINGS PROVISION.—In exercising authority 
under this section, the Commission shall not— 
‘‘(1) compete with, or displace from the market 
place, any price publisher (including any electronic 
price publisher); or 
‘‘(2) regulate price publishers (including any 
electronic price publisher) or impose any require-
ments on the publication of information by price pub-
lishers (including any electronic price publisher). 
‘‘(g) ERCOT.—This section shall not apply to a trans-
action for the purchase or sale of wholesale electric energy 
or transmission services within the area described in section 
212(k)(2)(A).’’. 
SEC. 1262. FALSE STATEMENTS. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) (as amended by section 1261) is amended by adding 
at the end the following: 
‘‘SEC. 222. PROHIBITION ON FILING FALSE INFORMATION. 
‘‘No entity (including an entity described in section 
201(f)) shall willfully and knowingly report any informa-
tion relating to the price of electricity sold at wholesale or 
the availability of transmission capacity, which informa-
tion the person or any other entity knew to be false at the 
time of the reporting, to a Federal agency with intent to
841 
HR 6 PAP 
fraudulently affect the data being compiled by the Federal 
agency.’’. 
SEC. 1263. MARKET MANIPULATION. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) (as amended by section 1262) is amended by adding 
at the end the following: 
‘‘SEC. 223. PROHIBITION OF ENERGY MARKET MANIPULA-
TION. 
‘‘It shall be unlawful for any entity (including an enti-
ty described in section 201(f)), directly or indirectly, to use 
or employ, in connection with the purchase or sale of elec-
tric energy or the purchase or sale of transmission services 
subject to the jurisdiction of the Commission, any manipu-
lative or deceptive device or contrivance (as those terms are 
used in section 10(b) of the Securities Exchange Act of 1934 
(15 U.S.C. 78j(b))), in contravention of such rules and regu-
lations as the Commission may prescribe as necessary or 
appropriate in the public interest or for the protection of 
electric ratepayers.’’. 
SEC. 1264. ENFORCEMENT. 
(a) COMPLAINTS.—Section 306 of the Federal Power 
Act (16 U.S.C. 825e) is amended— 
(1) by inserting ‘‘electric utility,’’ after ‘‘Any 
person,’’; and