To amend section 203 of the Federal Power Act.

Bill: 115-hr-1109
Sponsor: full_name: Rep. Walberg, Tim [R-MI-7]
Introduced: 2017-02-16
Policy area: Energy
Subjects: Administrative law and regulatory procedures

Corporate finance and management

Electric power generation and transmission

Federal Energy Regulatory Commission (FERC)

Government information and archives

Public utilities and utility rates
Latest action: action_date: 2018-09-28
text: Became Public Law No: 115-247.

Summaries:
action_date: 2017-02-16
action_desc: Introduced in House
text: <p>This bill amends the Federal Power Act with respect to the prohibition regarding mergers or consolidations by a public utility. Any merger or consolidation of a public utility whose value exceeds $10 million must first be authorized by the Federal Energy Regulatory Commission (FERC).</p> <p>In addition, FERC is required to promulgate a rule within 180 days that mandates any public utility seeking to merge or consolidate to notify FERC, within 30 days of transaction consummation, if the value of such merger or consolidation exceeds $1 million but is less than $10 million.</p>

action_date: 2017-06-12
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p>(Sec.1)This bill amends the Federal Power Act with respect to the prohibition regarding mergers or consolidations by a public utility. Any merger or consolidation of a public utility whose value exceeds $10 million must first be authorized by the Federal Energy Regulatory Commission (FERC).</p> <p>(Sec.2) In addition, FERC is required to promulgate a rule within 180 days that mandates any public utility seeking to merge or consolidate to notify FERC, within 30 days of transaction consummation, if the value of such merger or consolidation exceeds $1 million but is less than $10 million.</p>

action_date: 2018-05-21
action_desc: Reported to Senate with amendment(s)
text: <p>This bill amends the Federal Power Act with respect to the prohibition regarding mergers or consolidations by a public utility. Any merger or consolidation of a public utility whose value exceeds $10 million must first be authorized by the Federal Energy Regulatory Commission (FERC).</p> <p>In addition, FERC is required to promulgate a rule within 180 days that mandates any public utility seeking to merge or consolidate to notify FERC, within 30 days of transaction consummation, if the value of such merger or consolidation exceeds $1 million but is less than $10 million.</p>

action_date: 2018-09-04
action_desc: Passed Senate amended
text: <p>(Sec.1)This bill amends the Federal Power Act with respect to the prohibition regarding mergers or consolidations by a public utility. Any merger or consolidation of a public utility whose value exceeds $10 million must first be authorized by the Federal Energy Regulatory Commission (FERC).</p> <p>(Sec.2)In addition, FERC is required to promulgate a rule within 180 days that mandates any public utility seeking to merge or consolidate to notify FERC, within 30 days of transaction consummation, if the value of such merger or consolidation exceeds $1 million but is less than $10 million.</p>

action_date: 2018-09-13
action_desc: House agreed to Senate amendment without amendment
text: <p>(Sec.1)This bill amends the Federal Power Act with respect to the prohibition regarding mergers or consolidations by a public utility. Any merger or consolidation of a public utility whose value exceeds $10 million must first be authorized by the Federal Energy Regulatory Commission (FERC).</p> <p>(Sec.2)In addition, FERC is required to promulgate a rule within 180 days that mandates any public utility seeking to merge or consolidate to notify FERC, within 30 days of transaction consummation, if the value of such merger or consolidation exceeds $1 million but is less than $10 million.</p>

action_date: 2018-09-28
action_desc: Public Law
text: <p>(Sec.1)This bill amends the Federal Power Act with respect to the prohibition regarding mergers or consolidations by a public utility. Any merger or consolidation of a public utility whose value exceeds $10 million must first be authorized by the Federal Energy Regulatory Commission (FERC).</p> <p>(Sec.2)In addition, FERC is required to promulgate a rule within 180 days that mandates any public utility seeking to merge or consolidate to notify FERC, within 30 days of transaction consummation, if the value of such merger or consolidation exceeds $1 million but is less than $10 million.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1109 IN THE HOUSE OF REPRESENTATIVES February 16, 2017 Mr. Walberg (for himself, Mrs. Dingell , Mr. Hudson , Mr. McNerney , and Mr. Mullin ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 203 of the Federal Power Act.

1. Clarification of facility merger authorization Section 203(a)(1)(B) of the Federal Power Act ( 16 U.S.C. 824b(a)(1)(B) ) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000 . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) such facilities, or any part thereof, are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

tv_txt: I 115th CONGRESS 1st Session H. R. 1109 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend section 203 of the Federal Power Act.

1. Clarification of facility merger authorization Section 203(a)(1)(B) of the Federal Power Act ( 16 U.S.C. 824b(a)(1)(B) ) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000 . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) such facilities, or any part thereof, are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

Passed the House of Representatives June 12, 2017. Karen L. Haas, Clerk.

tv_txt: IIB 115th CONGRESS 1st Session H. R. 1109 IN THE SENATE OF THE UNITED STATES June 13, 2017 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend section 203 of the Federal Power Act.

1. Clarification of facility merger authorization Section 203(a)(1)(B) of the Federal Power Act ( 16 U.S.C. 824b(a)(1)(B) ) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000 . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) such facilities, or any part thereof, are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

Passed the House of Representatives June 12, 2017. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 112 115th CONGRESS 1st Session H. R. 1109 [Report No. 115–167] IN THE HOUSE OF REPRESENTATIVES February 16, 2017 Mr. Walberg (for himself, Mrs. Dingell , Mr. Hudson , Mr. McNerney , and Mr. Mullin ) introduced the following bill; which was referred to the Committee on Energy and Commerce June 12, 2017 Additional sponsors: Mr. Olson , Mr. McKinley , Mr. Long , and Mr. Johnson of Ohio June 12, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend section 203 of the Federal Power Act.

1. Clarification of facility merger authorization Section 203(a)(1)(B) of the Federal Power Act ( 16 U.S.C. 824b(a)(1)(B) ) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000 . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) such facilities, or any part thereof, are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

June 12, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: II Calendar No. 420 115th CONGRESS 2d Session H. R. 1109 [Report No. 115–253] IN THE SENATE OF THE UNITED STATES June 13, 2017 Received; read twice and referred to the Committee on Energy and Natural Resources May 21, 2018 Reported by Ms. Murkowski , with an amendment Strike out all after the enacting clause and insert the part printed in italic AN ACT To amend section 203 of the Federal Power Act.

1. Clarification of facility merger authorization Section 203(a)(1)(B) of the Federal Power Act ( 16 U.S.C. 824b(a)(1)(B) ) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000 . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) such facilities, or any part thereof, are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

1. Clarification of facility merger authorization Section 203(a)(1) of the Federal Power Act ( 16 U.S.C. 824b(a)(1) ) is amended by striking subparagraph (B) and inserting the following: (B) merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with the facilities of any other person, or any part thereof, that are subject to the jurisdiction of the Commission and have a value in excess of $10,000,000, by any means whatsoever; . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) the facilities, or any part thereof, to be acquired are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act. 4. Federal Energy Regulatory Commission report (a) In general Not later than 2 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to Congress a report that assesses the effects of the amendment made by section 1. (b) Requirements In preparing the report under subsection (a), the Federal Energy Regulatory Commission shall— (1) take into account any information collected under paragraph (7) of section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) (as added by section 2); and (2) provide for public notice and comment with respect to the report.

May 21, 2018 Reported with an amendment

tv_txt: 115th CONGRESS 2d Session H.R. 1109 In the Senate of the United States, September 4, 2018. Amendment:

That the bill from the House of Representatives (H.R. 1109) entitled An Act to amend section 203 of the Federal Power Act. , do pass with the following Strike out all after the enacting clause and insert: 1. Clarification of facility merger authorization Section 203(a)(1) of the Federal Power Act ( 16 U.S.C. 824b(a)(1) ) is amended by striking subparagraph (B) and inserting the following: (B) merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with the facilities of any other person, or any part thereof, that are subject to the jurisdiction of the Commission and have a value in excess of $10,000,000, by any means whatsoever; . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) the facilities, or any part thereof, to be acquired are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act. 4. Federal Energy Regulatory Commission report (a) In general Not later than 2 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to Congress a report that assesses the effects of the amendment made by section 1. (b) Requirements In preparing the report under subsection (a), the Federal Energy Regulatory Commission shall— (1) take into account any information collected under paragraph (7) of section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) (as added by section 2); and (2) provide for public notice and comment with respect to the report.

Secretary

tv_txt: I One Hundred Fifteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen H. R. 1109 AN ACT To amend section 203 of the Federal Power Act.

1. Clarification of facility merger authorization Section 203(a)(1) of the Federal Power Act ( 16 U.S.C. 824b(a)(1) ) is amended by striking subparagraph (B) and inserting the following: (B) merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with the facilities of any other person, or any part thereof, that are subject to the jurisdiction of the Commission and have a value in excess of $10,000,000, by any means whatsoever; . 2. Notification for certain transactions Section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) is amended by adding at the end the following new paragraph: (7) (A) Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if— (i) the facilities, or any part thereof, to be acquired are of a value in excess of $1,000,000; and (ii) such public utility is not required to secure an order of the Commission under paragraph (1)(B). (B) In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information. . 3. Effective date The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act. 4. Federal Energy Regulatory Commission report (a) In general Not later than 2 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to Congress a report that assesses the effects of the amendment made by section 1. (b) Requirements In preparing the report under subsection (a), the Federal Energy Regulatory Commission shall— (1) take into account any information collected under paragraph (7) of section 203(a) of the Federal Power Act ( 16 U.S.C. 824b(a) ) (as added by section 2); and (2) provide for public notice and comment with respect to the report.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.