Making Pipelines Accountable to Consumers and Taxpayers Act
Bill: S.3736 | Sponsor: Sen. Blumenthal, Richard (D-CT)
Policy area: Energy

Summary:
Making Pipelines Accountable to Consumers and Taxpayers Act or the MPACT Act
This bill revises the authority of the Federal Energy Regulatory Commission (FERC) regarding rates and charges in connection with the transportation or sale of natural gas. Specifically, the bill provides FERC the authority to set refund effective dates by which natural gas companies must pay refunds for changes in rates or charges that are unjust, unreasonable, unduly discriminatory, or preferential.

To amend the Natural Gas Act to protect consumers from excessive rates, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making Pipelines Accountable to 
Consumers and Taxpayers Act'' or the ``MPACT Act''.

SEC. 2. HEARING ON CHANGED RATES OR CHARGES.

    Section 4(e) of the Natural Gas Act (15 U.S.C. 717c(e)) is amended 
by striking the third and fourth sentences and inserting the following: 
``Where changes in rates or charges are thus made effective, the 
Commission may, by order, require the natural-gas company to furnish a 
bond, to be approved by the Commission, to refund any amounts ordered 
by the Commission, to keep accurate accounts in detail of all amounts 
received by reason of those changes, specifying by whom and in whose 
behalf those amounts were paid, and, on completion of the hearing and 
decision, to order the natural-gas company to refund, with interest, 
the portion of those rates or charges by its decision found not 
justified. At any hearing involving a rate or charge sought to be 
changed, the burden of proof to show that the changed rate or charge is 
just and reasonable shall be on the natural-gas company, and the 
Commission shall give to the hearing and decision of such questions 
preference over other questions pending before the Commission and 
decide the same as speedily as possible.''.

SEC. 3. REFUNDS.

    Section 5 of the Natural Gas Act (15 U.S.C. 717d) is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) inserting after subsection (a) the following:
    ``(b) Refunds.--
            ``(1) In general.--At the conclusion of any hearing under 
        this section in which refunds of amounts that have been paid 
        are required, the Commission shall order the natural-gas 
        company to make those refunds for the period beginning on the 
        refund effective date established under paragraph (3) and 
        ending on the date on which the new rate established by the 
        Commission under subsection (a) takes effect in amounts in 
        excess of those amounts that would have been paid under the 
        just and reasonable rate, charge, classification, rule, 
        regulation, practice, or contract that the Commission orders to 
        be observed and in force.
            ``(2) Requirement.--The refunds required under paragraph 
        (1) shall be made, with interest, to the persons who have paid 
        the rates or charges that are the subject of the hearing.
            ``(3) Effective date.--
                    ``(A) In general.--The Commission shall establish 
                the refund effective date in accordance with this 
                paragraph.
                    ``(B) Hearings initiated on complaint.--In the case 
                of a hearing initiated on a complaint, the refund 
                effective date shall be--
                            ``(i) not earlier than the date on which 
                        the complaint was filed; and
                            ``(ii) not later than 150 days after that 
                        date.
                    ``(C) Hearing initiated on motion of commission.--
                In the case of a hearing initiated by the Commission on 
                its own motion, the refund effective date shall be--
                            ``(i) not earlier than the date on which 
                        the Commission publishes notice of the intent 
                        to initiate the hearing; and
                            ``(ii) not later than 150 days after that 
                        date.
    ``(c) No Final Decision.--If the Commission has not rendered a 
final decision for a hearing under this section by the end of the 180-
day period beginning on the date on which the hearing is initiated, the 
Commission shall state--
            ``(1) the reasons why the Commission has failed to render a 
        decision; and
            ``(2) the best estimate of the Commission as to when the 
        Commission reasonably expects to render the decision.''.

SEC. 4. EFFECT.

    (a) In General.--The amendments made by sections 2 and 3 shall not 
apply to any proceeding under the Natural Gas Act (15 U.S.C. 717 et 
seq.) commenced before the date of enactment of this Act.
    (b) Refiling Without Prejudice.--A proceeding under the Natural Gas 
Act (15 U.S.C. 717 et seq.) commenced before the date of enactment of 
this Act may be withdrawn and refiled without prejudice.

SEC. 5. STUDY.

    (a) In General.--Not earlier than 3 years and not later than 4 
years after the date of enactment of this Act, the Federal Energy 
Regulatory Commission shall conduct a study on the effect of the 
amendments made by sections 2 and 3.
    (b) Requirements.--The study under subsection (a) shall include an 
analysis of--
            (1) the impact, if any, of the amendments made by sections 
        2 and 3 on the cost of capital paid by natural-gas companies 
        (as defined in section 2 of the Natural Gas Act (15 U.S.C. 
        717a));
            (2) any change in the average time taken to resolve 
        proceedings under sections 4 and 5 of the Natural Gas Act (15 
        U.S.C. 717c, 717d); and
            (3) such other matters as the Federal Energy Regulatory 
        Commission may determine to be appropriate and in the public 
        interest.
    (c) Report.--On completion of the study under subsection (a), the 
Federal Energy Regulatory Commission shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report describing the 
results of the study.
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