I
107TH CONGRESS
1ST SESSION
H. R. 2204
To establish a Consumer Energy Commission to assess and provide rec-
ommendations regarding recent energy price spikes from the perspective
of consumers.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 2001
Mr. RUSH introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To establish a Consumer Energy Commission to assess and
provide recommendations regarding recent energy price
spikes from the perspective of consumers.
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 ‘‘Consumer Energy
Commission Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) there has been a sharp increase in the price
of gasoline, home heating oil, natural gas, and pro-
pane in the United States;
(2) electricity prices are expected to continue to
rise as a result of high natural gas prices, and cer-
tain regions have experienced price spikes in whole-
sale electricity costs;
(3) price spikes undermine the ability of low-in-
come families, the elderly, and small businesses (in-
cluding agricultural producers) to afford essential
energy services;
(4) the Department of Energy has determined
that the economy would be likely to perform better
with stable or predictable energy prices;
(5) price spikes can be caused by many factors,
including insufficient inventories, supply disruptions,
refinery capacity limits, insufficient infrastructure,
possible over-regulation or under-regulation, flawed
deregulation, excessive consumption, over-reliance on
foreign supplies, insufficient research and develop-
ment of alternative energy sources, opportunistic be-
havior by energy companies, and abuse of market
power;
(6) consumers and small businesses have few
options other than to pay higher energy costs when
prices spike; and
(7) the impact of price spikes, and possible re-
sponses to price spikes, on consumers and small
businesses should be examined.
SEC. 3. CONSUMER ENERGY COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Consumer Energy Commis-
sion’’.
(b) MEMBERSHIP.—
(1) IN
GENERAL.—The Commission shall be
comprised of 11 members.
(2) APPOINTMENTS
BY
THE
SENATE
AND
HOUSE.—The majority leader and minority leader of
the Senate and the majority leader and minority
leader of the House of Representatives shall each
appoint 2 members—
(A) 1 of whom shall represent consumer
groups focusing on energy issues; and
(B) 1 of whom shall represent the energy
industry.
(3) APPOINTMENTS BY THE PRESIDENT.—The
President shall appoint 1 member from each of—
(A) the Energy Information Administra-
tion of the Department of Energy;
(B) the Federal Energy Regulatory Com-
mission; and
(C) the Federal Trade Commission.
(4) DATE
OF
APPOINTMENTS.—The appoint-
ment of a member of the Commission shall be made
not later than 30 days after the date of enactment
of this Act.
(c) TERM.—A member shall be appointed for the life
of the Commission.
(d) INITIAL MEETING.—Not later than 20 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the initial
meeting of the Commission.
(e) CHAIRPERSON AND VICE CHAIRPERSON.—The
Commission shall select a Chairperson and Vice Chair-
person from among the members of the Commission.
(f) 
INFORMATION
AND
ADMINISTRATIVE
EX-
PENSES.—The Federal agencies specified in subsection
(b)(3) shall provide the Commission such information and
such administrative expenses as the Commission requires
to carry out this section.
(g) DUTIES.—
(1) STUDY.—
(A) IN GENERAL.—The Commission shall
conduct a nationwide study of significant price
spikes in major United States consumer energy
products during the 10 years preceding the date
of enactment of this Act.
(B) ENERGY
PRODUCTS.—The Commis-
sion shall study the prices of—
(i) electricity;
(ii) gasoline;
(iii) home heating oil;
(iv) natural gas; and
(v) propane.
(C) MATTERS TO BE STUDIED.—The study
shall—
(i) focus on the causes of the price
spikes, including insufficient inventories,
supply disruptions, refinery capacity limits,
insufficient infrastructure, possible over-
regulation or under-regulation, flawed de-
regulation, excessive consumption, over-re-
liance on foreign supplies, insufficient re-
search and development of alternative en-
ergy sources, opportunistic behavior by en-
ergy companies, and abuse of market
power; and
(ii) investigate market concentration,
potential misuse of market power, and any
other relevant market failures.
(2) REPORT.—Not later than 180 days after
the date of enactment of this Act, the Commission
shall submit to Congress a report that contains—
(A) a detailed statement of the findings
and conclusions of the Commission; and
(B) recommendations for legislation and
administrative actions to protect consumers
from future price spikes in consumer energy
products.
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