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title 5 of the United States Code for obtaining the consent
of a retail electric consumer for purchase of goods and
services other than those expressly authorized by law or
any agreement for the purchase of electric energy or re-
lated services entered into by the electric consumer and
for the assessment of penalties for violation of these rules.
(2) A person shall not charge a retail electric con-
sumer for a particular good or service if such submission
or change is prohibited by law or Federal Trade Commis-
sion rules established under paragraph (1).
(3) It shall be unlawful for any person to charge a
retail electric consumer for electric energy or related serv-
ices unless expressly authorized by law or by agreement
for the purchase of electric energy or related services en-
tered into by the electric consumer.
(c) FEDERAL TRADE COMMISSION ENFORCEMENT.—
Violation of a rule promulgated under this section shall
be treated as a violation of a rule under section 18 of the
Federal Trade Commission Act (15 U.S.C. 57a) regarding
unfair and deceptive acts or practices. All functions and
powers of the Federal Trade Commission under such Act
are available to the Federal Trade Commission to enforce
compliance with this section notwithstanding any jurisdic-
tional limitations in such Act.
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(d) STATE AUTHORITY.—(1) This section does not
preclude a State or State commission from prescribing and
enforcing additional laws, regulations, or procedures re-
garding the practices which are the subject of this section,
so long as such laws, regulations, or procedures are not
inconsistent with the provisions of this section or with any
rule prescribed by the Federal Trade Commission pursu-
ant to it.
(2) If the Federal Trade Commission determines that
a State’s regulations provide equivalent or greater protec-
tion than the provisions of this section, such State regula-
tions shall apply in that State in lieu of the regulations
issued by the Commission under this section.
(e) OTHER REMEDIES.—The remedies provided by
this section are in addition to any other remedies available
by law.
(f) ENFORCEMENT BY STATES.—(1) Whenever an at-
torney general of any State has reason to believe that the
interests of the residents of that State have been or are
being threatened or adversely affected because any person
has engaged or is engaging in a pattern or practice which
violates any rule of the Commission under this section or
section 602, the State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district
court of the United States to enjoin such violation, to en-
117
force compliance with such rule of the Commission, to ob-
tain damages, restitution, or other compensation on behalf
of residents of such State, or to obtain such further and
other relief as the court may deem appropriate.
(2) The State shall serve prior written notice of any
civil action under paragraph (1) or paragraph (6)(B) of
this subsection upon the Commission and provide the
Commission with a copy of its complaint, except that if
it is not feasible for the State to provide such prior notice,
the State shall serve such notice immediately upon insti-
tuting such action. Upon receiving a notice respecting a
civil action, the Commission shall have the right—
(A) to intervene in such action,
(B) upon so intervening, to be heard on all
matters arising therein, and
(C) to file petitions for appeal.
(3) For purposes of bringing any civil action under
paragraph (1) of this subsection, nothing in this chapter
shall prevent an attorney general from exercising the pow-
ers conferred on the attorney general by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or
the production of documentary and other evidence.
(4) Whenever a civil action has been instituted by or
on behalf of the Commission for violation of any rule pre-
118
scribed under this section or section 602, no State may,
during the pendency of such action instituted by or on
behalf of the Commission, institute a civil action under
paragraph (1) or paragraph (6)(B) of this subsection
against any defendant named in the complaint in such ac-
tion for violation of any rule as alleged in such complaint.
(5) Any civil action brought under paragraph (1) of
this subsection in a district court of the United States may
be brought in the district in which the defendant is found,
is an inhabitant, or transacts business or wherever venue
is proper under section 1391 of title 28 of the United
States Code. Process in such an action may be served in
any district in which the defendant is an inhabitant or
in which the defendant may be found.
(6)(A) Nothing contained in this subsection shall pro-
hibit an authorized State official from proceeding in State
court on the basis of an alleged violation of any civil or
criminal statute of such State.
(B) In addition to actions brought by an attorney
general of a State under paragraph (1) of this subsection,
such an action may be brought by officers of such State
who are authorized by the State to bring actions in such
State on behalf of its residents.
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SEC. 602. CONSUMER PRIVACY.
(a) PROHIBITION.—The Federal Trade Commission
may promulgate rules regarding the disclosure of or access
to consumer information in connection with the sale or
delivery of electric energy to a retail electric consumer.
Such rules shall be promulgated in accordance with sec-
tion 553 of title 5 of the United States Code.
(b) PERMITTED USE.—The rules under subsection
(a) shall not prohibit any person from using, disclosing,
or permitting access to consumer information referred to
in subsection (a) for any of the following purposes:
(1) To facilitate a retail electric consumer’s
change in selection of a retail electric supplier under
procedures approved by the State or State commis-
sion.
(2) To initiate, render, bill, or collect for the
sale or delivery of electric energy to retail electric
consumers or for related services.
(3) To protect the rights or property of the per-
son obtaining such information.
(4) To protect retail electric consumers from
fraud, abuse, and unlawful subscription in the sale
or delivery of electric energy to such consumers.
(5) For law enforcement purposes.
(6) For purposes of compliance with any Fed-
eral, State, or local law or regulation authorizing
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disclosure of information to a Federal, State, or
local agency.
(c) AGGREGATE
CONSUMER
INFORMATION.—The
rules under subsection (a) shall permit any person to use,
disclose, and permit access to aggregate consumer infor-
mation and shall require local distribution companies to
make such information available to retail electric suppliers
upon request and payment of a reasonable fee.
(d) 
FEDERAL
TRADE
COMMISSION
ENFORCE-
MENT.—Violation of a rule promulgated under this section
shall be treated as a violation of a rule under section 18
of the Federal Trade Commission Act (15 U.S.C. 57a) re-
garding unfair and deceptive acts or practices. All func-
tions and powers of the Federal Trade Commission under
such Act are available to the Federal Trade Commission
to enforce compliance with this section notwithstanding
any jurisdictional limitations in such Act.
(e) STATE AUTHORITY.—(1) If the Federal Trade
Commission determines that a State’s regulations provide
equivalent or greater protection than the provisions of this
section, such State regulations shall apply in that State
in lieu of the regulations issued by the Commission under
this section.
(2) The remedies provided by this section are in addi-
tion to any other remedies available by law.
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(f) DEFINITIONS.—As used in this section:
(1) AGGREGATE
CONSUMER
INFORMATION.—
The term ‘‘aggregate consumer information’’ means
collective data that relates to a group or category of
retail electric consumers, from which individual con-
sumer identities and characteristics have been re-
moved.
(2) CONSUMER INFORMATION.—The term ‘‘con-
sumer information’’ means information that relates
to the electric energy delivered to any retail electric
consumer.
SEC. 603. AGGREGATION.
Part II of the Federal Power Act (16 U.S.C. 824 and
following) is amended by adding the following new section
after section 217, as added by this Act:
‘‘SEC. 218. PURCHASE OF ELECTRIC ENERGY BY RETAIL
ELECTRIC CONSUMERS.
‘‘Subject to not unduly discriminatory or preferential
State requirements, each retail electric consumer may des-
ignate any entity that aggregates consumers to negotiate
on the consumer’s behalf the purchase of retail electric
energy on an aggregate basis if the consumer is served
by a local distribution company whose local distribution
facilities are subject to open access, and no State may pro-
hibit any political subdivision of a State or any electric
122
cooperative from serving as an entity that aggregates con-
sumers, if such entity provides open access to any local
distribution facilities it may own or operate.’’.
SEC. 604. STATE PUBLIC PURPOSE CHARGES.
Section 201(b) of the Federal Power Act is amended
by adding the following new paragraph after paragraph
(3):
‘‘(4) This Act shall not affect the authority of a State
or municipality to require as a charge for delivery of elec-
tric energy to, or as a condition for the purchase or receipt
of electric energy by, any retail electric consumer located
in such State the payment of any charge deemed necessary
by such State or municipality for any purpose, including
any of the following:
‘‘(A) To recover transition costs.
‘‘(B) To ensure that adequate electric service is
available to all retail electric consumers served by a
local distribution company.
‘‘(C) To ensure and enhance the reliability of
retail electric service.
‘‘(D) To fund assistance to low-income retail
electric consumers.
‘‘(E) To encourage environmental, emerging en-
ergy technology, energy efficiency, or energy con-
servation programs.
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‘‘(F) To provide for transition costs of electric
utility workers.
Nothing in this paragraph shall require a State or munici-
pality to impose any such charges.’’.
SEC. 605. STATE AUTHORITY TO ORDER RETAIL ELECTRIC
COMPETITION.
Section 201(b) of the Federal Power Act is amended
by adding the following new paragraph after paragraph
(2):
‘‘(3) This Act shall not affect the authority of a State
or municipality to require retail electric competition or to
require the unbundling of transmission and local distribu-
tion service for the delivery of electric energy directly to
a retail electric consumer.’’.
SEC. 606. UNIVERSAL AND AFFORDABLE SERVICE.
It is the sense of the Congress that—
(1) every retail electric consumer should have
access to electric energy at reasonable and afford-
able rates; and
(2) the States should ensure that retail electric
competition does not result in the loss of service to
rural, residential, or low-income consumers.
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TITLE VII—INVESTIGATION AND
CORRECTION 
OF 
ANTI-
COMPETITIVE CONDUCT
SEC. 701. UNIFORM INVESTIGATION AUTHORITY.
Section 307(a) of the Federal Power Act (16 U.S.C.
825f(a)) is amended as follows:
(1) By inserting ‘‘electric utility, or transmit-
ting utility’’ after ‘‘person’’ each time it appears.
(2) By striking the period at the end of the
first sentence and inserting the following: ‘‘or in ob-
taining information about the sale of electric energy
at wholesale in interstate commerce and the trans-
mission of electric energy in interstate commerce.’’.
SEC. 702. UNIFORM FERC REFUND AUTHORITY.
(a) SCOPE OF AUTHORITY.—Section 206 of the Fed-
eral Power Act (16 U.S.C. 824e) is amended as follows:
(1) In subsection (a), strike ‘‘public utility for
any transmission or sale subject to’’ and insert ‘‘en-
tity for any transmission or sale by or to a public
utility subject to’’.
(2) In subsection (b), in the seventh sentence,
strike ‘‘the public utility to make’’.
(b) CONFORMING AMENDMENTS.—Section 201(b)(2)
of such Act (16 U.S.C. 824(b)(2)) is amended as follows:
125
(1) In the first sentence, strike ‘‘The provisions
of section 210’’ and insert ‘‘Notwithstanding sub-
section (f), the provisions of section 206, 210’’.
(2) In the second sentence strike ‘‘section 210’’
and insert ‘‘section 206, 210’’.
SEC. 703. CRIMINAL AND CIVIL PENALTIES.
(a) CRIMINAL PENALTIES.—(1) Section 316(a) of the
Federal Power Act (16 U.S.C. 825o(a)) is amended by
striking ‘‘$5,000’’ and inserting ‘‘$1,000,000’’, and by
striking ‘‘two years’’ and inserting ‘‘five years’’;
(2) Section 316(b) of the Federal Power Act (16
U.S.C. 825o(b)) is amended by striking ‘‘$500’’ and in-
serting ‘‘$25,000’’.
(b) CIVIL PENALTIES.—Subsections (a) and (b) of
section 316A of the Federal Power Act (16 U.S.C. 825o–
1) are amended by striking ‘‘section 211, 212, 213, or
214’’ each place it appears and inserting ‘‘part II’’.
Æ