I 
111TH CONGRESS 
1ST SESSION H. R. 1921 
To establish an Office of Public Advocate within the Department of Justice 
to provide services and guidance to citizens in dealing with concerns 
involving the Federal Energy Regulatory Commission, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2009 
Mr. GERLACH introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To establish an Office of Public Advocate within the Depart-
ment of Justice to provide services and guidance to citi-
zens in dealing with concerns involving the Federal En-
ergy Regulatory Commission, 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 ‘‘Energy Regulatory 
Public Protection Act’’. 
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SEC. 2. FINDINGS. 
The Congress finds that: 
(1) The Federal Energy Regulatory Commis-
sion is not adequately informing property owners 
and local officials on the certificate application ap-
proval process. 
(2) The current certificate application approval 
process at the Commission does not include ade-
quate State and local participation. 
(3) The current certificate application approval 
process at the Commission does not provide ade-
quate protections for local environmental resources. 
(4) An office of public advocate is necessary to 
properly represent the interests of property owners 
and other affected parties during the certificate ap-
plication approval process, and to properly inform 
property owners and other parties of their rights 
during the process, and to provide proper guidance 
to State and local officials during the process. 
SEC. 3. ESTABLISHMENT AND DUTIES. 
(a) ESTABLISHMENT AND DUTIES.—There is hereby 
established within the Department of Justice an office to 
be known as the ‘‘Office of Public Advocate’’. The office 
shall represent the interests of members of the general 
public affected by regulatory matters before the Federal 
Energy Regulatory Commission, other Commission-related 
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matters before (1) other Federal regulatory agencies, or 
(2) any court of competent jurisdiction. 
(b) SPECIFIC DUTIES.—The specific duties of the of-
fice are as follows: 
(1) To receive and assess comments from all in-
terested parties with respect to project applications 
before the Federal Energy Regulatory Commission. 
For purposes of this Act, the term ‘‘interested par-
ties’’ includes but shall not be limited to, individuals, 
municipalities, counties, States, or any other for- 
profit or non-profit entity affected by any proposed 
project for which an application has been filed with 
the Commission. 
(2) To submit all such relevant and pertinent 
comments to the Federal Energy Regulatory Com-
mission, together with its findings and recommenda-
tions, regarding the outcome, terms, and conditions 
of an application for approval. 
(3) To review and assess applicant compliance 
with orders of the Federal Energy Regulatory Com-
mission and seek full compliance of such orders 
through the Federal Energy Regulatory Commission, 
or a court competent jurisdiction, where the appli-
cant fails to comply and such noncompliance is 
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harmful to the health, safety, and welfare of affected 
parties. 
(4) Within its sole discretion, undertake appeal 
of any Federal Energy Regulatory Commission order 
it deems appropriate where the order is harmful to 
the heath, safety, or welfare of affected parties. 
(5) Submit an annual report to the Attorney 
General, the Federal Energy Regulatory Commis-
sion, and Congress regarding its actions and activi-
ties in the prior year, together with any rec-
ommendations for regulatory or statutory changes to 
more effectively achieve the goals, purposes, and 
functions of the office and the Federal Energy Reg-
ulatory Commission. 
Æ 
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