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(2) by inserting ‘‘, transmitting utility,’’ after 
‘‘licensee’’ each place it appears. 
(b) INVESTIGATIONS.—Section 307(a) of the Federal 
Power Act (16 U.S.C. 825f(a)) is amended— 
(1) by inserting ‘‘, electric utility, transmitting 
utility, or other entity’’ after ‘‘person’’ each place it 
appears; and 
(2) in the first sentence, by inserting before the 
period at the end the following: ‘‘, or in obtaining in-
formation about the sale of electric energy at whole-
sale in interstate commerce and the transmission of 
electric energy in interstate commerce’’. 
(c) REVIEW OF COMMISSION ORDERS.—Section 313(a) 
of the Federal Power Act (16 U.S.C. 825l) is amended by 
inserting ‘‘electric utility,’’ after ‘‘person,’’ in the first 2 
places it appears and by striking ‘‘any person unless such 
person’’ and inserting ‘‘any entity unless such entity’’. 
(d) CRIMINAL PENALTIES.—Section 316 of the Federal 
Power Act (16 U.S.C. 825o) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘$5,000’’ and inserting 
‘‘$1,000,000’’; and 
(B) by striking ‘‘two years’’ and inserting 
‘‘5 years’’;
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(2) in subsection (b), by striking ‘‘$500’’ and in-
serting ‘‘$25,000’’; and 
(3) by striking subsection (c). 
(e) CIVIL PENALTIES.—Section 316A of the Federal 
Power Act (16 U.S.C. 825o–1) is amended— 
(1) by striking ‘‘section 211, 212, 213, or 214’’ 
each place it appears and inserting ‘‘part II’’; and 
(2) in subsection (b), by striking ‘‘$10,000’’ and 
inserting ‘‘$1,000,000’’. 
SEC. 1265. REFUND EFFECTIVE DATE. 
Section 206(b) of the Federal Power Act (16 U.S.C. 
824e(b)) is amended— 
(1) by striking ‘‘the date 60 days after the filing 
of such complaint nor later than 5 months after the 
expiration of such 60-day period’’ in the second sen-
tence and inserting ‘‘the date of the filing of such 
complaint nor later than 5 months after the filing of 
such complaint’’; 
(2) by striking ‘‘60 days after’’ in the third sen-
tence and inserting ‘‘of’’; 
(3) by striking ‘‘expiration of such 60-day pe-
riod’’ in the third sentence and inserting ‘‘publication 
date’’; and 
(4) by striking the fifth sentence and inserting 
the following: ‘‘If no final decision is rendered by the
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conclusion of the 180-day period commencing upon 
initiation of a proceeding pursuant to this section, 
the Commission shall state the reasons why it has 
failed to do so and shall state its best estimate as to 
when it reasonably expects to make such decision.’’. 
SEC. 1266. REFUND AUTHORITY. 
Section 206 of the Federal Power Act (16 U.S.C. 824e) 
is amended by adding at the end the following: 
‘‘(e)(1) In this subsection: 
‘‘(A) The term ‘short-term sale’ means an agree-
ment for the sale of electric energy at wholesale in 
interstate commerce that is for a period of 48 hours 
or less. 
‘‘(B) The term ‘applicable Commission rule’ 
means a Commission rule applicable to sales at 
wholesale by public utilities that the Commission de-
termines after notice and comment should also be ap-
plicable to entities subject to this subsection. 
‘‘(2) If an entity described in section 201(f) volun-
tarily makes a short-term sale of electric energy through an 
organized market in which the rates for the sale are estab-
lished by Commission-approved tariff (rather than by con-
tract) and the sale violates the terms of the tariff or applica-
ble Commission rules in effect at the time of the sale, the
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entity shall be subject to the refund authority of the Com-
mission under this section with respect to the violation. 
‘‘(3) This section shall not apply to— 
‘‘(A) any entity that sells in total (including af-
filiates of the entity) less than 8,000,000 megawatt 
hours of electricity per year; or 
‘‘(B) any electric cooperative. 
‘‘(4)(A) The Commission shall have refund authority 
under paragraph (2) with respect to a voluntary short-term 
sale of electric energy by the Bonneville Power Administra-
tion only if the sale is at an unjust and unreasonable rate. 
‘‘(B) The Commission may order a refund under sub-
paragraph (A) only for short-term sales made by the Bonne-
ville Power Administration at rates that are higher than 
the highest just and reasonable rate charged by any other 
entity for a short-term sale of electric energy in the same 
geographic market for the same, or most nearly comparable, 
period as the sale by the Bonneville Power Administration. 
‘‘(5) In the case of any Federal power marketing agen-
cy or the Tennessee Valley Authority, the Commission shall 
not assert or exercise any regulatory authority or power 
under paragraph (2) other than the ordering of refunds to 
achieve a just and reasonable rate.’’.
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SEC. 1267. CONSUMER PRIVACY AND UNFAIR TRADE PRAC-
TICES. 
(a) DEFINITIONS.—In this section: 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Trade Commission. 
(2) STATE REGULATORY AUTHORITY.—The term 
‘‘State regulatory authority’’ has the meaning given 
the term in section 3 of the Federal Power Act (16 
U.S.C. 796). 
(3) ELECTRIC CONSUMER; ELECTRIC UTILITY.— 
The terms ‘‘electric consumer’’ and ‘‘electric utility’’ 
have the meanings given those terms in section 3 of 
the Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2602). 
(b) PRIVACY.—The Commission may issue rules pro-
tecting the privacy of electric consumers from the disclosure 
of consumer information obtained in connection with the 
sale or delivery of electric energy to electric consumers. 
(c) SLAMMING.—The Commission may issue rules pro-
hibiting the change of selection of an electric utility except 
with the informed consent of the electric consumer or if ap-
proved by the appropriate State regulatory authority. 
(d) CRAMMING.—The Commission may issue rules pro-
hibiting the sale of goods and services to an electric con-
sumer unless expressly authorized by law or the electric con-
sumer.