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Federal Restructuring Legislation
                                         

107th Session of the U.S. Congress


Senate Bills




Bill Number: S. 26
Short Title: (No short title)
Introduced: January 22, 2001
Sponsor: Senator Dianne Feinstein (D-CA)

Purpose: To amend the Department of Energy Authorization Act to authorize the Secretary of Energy to impose interim limitations on the cost of electric energy to protect consumers from unjust and unreasonable prices in the electric energy market.

Summary: Amends the Department of Energy Organization Act to direct the Secretary of Energy to impose an interim regional price limitation, or cost-of-service based rate, upon sales of electric energy at wholesale rate in interstate commerce subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) whenever: (1) FERC determines that the pertinent rate charge, or classification is unduly preferential, unjust, or unreasonable, or the Secretary determines that it exceeds significantly the marginal cost of electric energy production; and (2) the continued existence of such rate, charge, or classification threatens public health and safety or regional economy, and FERC has otherwise failed to act to improve the situation. Authorizes the Governor of any State within such affected region to waive application of the price limitation. Exempts from the interim price limitations of this Act sales of electric energy generated by certain small power production or cogeneration facilities under the purview of the Public Utility Regulatory Policies Act of 1978.

 

Bill Number: S. 80
Short Title: California Electricity Consumers Relief Act of 2001
Introduced: January 22, 2001
Sponsor: Senator Barbara Boxer (D-CA)

Purpose: To require the Federal Energy Regulatory Commission to order refunds of unjust, unreasonable, unduly discriminatory or preferential rates or charges for electricity, and to establish cost-based rates for electricity sold at wholesale in the Western Systems Coordinating Council.

Summary: Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to: (1) order a refund (with interest) of that portion of electricity rates or charges that FERC finds to be in excess of market-based rates that are just, reasonable, and neither unduly discriminatory nor preferential; and (2) issue an order establishing the maximum price for electricity sold at wholesale in the Western System Coordinating Council after June 1, 2000, if it determines that rates charged for wholesale sales of electricity are unjust and unreasonable under the Federal Power Act. Prescribes guidelines governing: (1) FERC response to certain State petitions regarding such unjust rates; (2) FERC establishment of maximum electricity prices; (3) mandatory refunds of prices paid in excess of such maximum; and (4) civil penalties for violations of this Act.

 

Bill Number: S. 172
Short Title: Electric Reliability Act
Introduced: January 24, 2001
Sponsor: Senator Gordon Smith (R-OR)

Purpose: Amends the Federal Power Act to establish mandatory reliability standards for the bulk-power system.

Summary: Amends the Federal Power Act to establish mandatory reliability standards for the bulk-power system. Grants the Federal Energy Regulatory Corporation (FERC) jurisdiction, over: (1) the electric reliability organization (ERO, established by this Act); (2) Affiliated Regional Reliability Entities; (3) system operators; and (4) users of the bulk-power system. Mandates that: (1) ERO take appropriate steps to gain recognition in Canada and Mexico; and (2) the United States use its best efforts to enter into agreements with Canada and Mexico to effectuate compliance with ERO standards. Grants the ERO disciplinary and enforcement powers. Permits recovery of implementation and enforcement costs incurred by the ERO and each Affiliated Regional Reliability Entity, respectively. Instructs FERC to establish a regional advisory body upon the petition of certain State Governors. Limits ERO authority exclusively to bulk-power system reliability standards. Denies the ERO and FERC any authority to set and enforce compliance with adequacy or safety standards governing either electric facilities or services. Declares that nothing in this Act preempts State action that is not inconsistent with ERO standards.

 

Bill Number: S. 173
Short Title: Consumer Utilities Turnback (CUT) Trust Fund Act of 2001
Introduced: January 24, 2001
Sponsor: Senator Barbara Boxer (D-CA)

Purpose: To amend the Internal Revenue Code of 1986 to impose a windfall profits adjustment on the production of domestic electricity and to use the resulting revenues to fund rebates for individual and business electricity consumers.

Summary: Amends the Internal Revenue Code to impose an excise tax on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit. Establishes the Consumer Utilities Turnback Trust Fund into which shall be appropriated revenues from such tax. Provides that amounts in the Fund shall be available, without further appropriation, for specified rebates for individual and business electricity consumers.

 

Bill Number: S. 206
Short Title: Public Utility Holding Company Act of 2001
Introduced: January 30, 2001
Sponsor: Senator Richard Shelby (R-AL)

Purpose: To repeal the Public Utility Holding Company Act of 1935, to enact the Public Utility Holding Company Act of 2001, and for other purposes.

Summary: Repeals the Public Utility Holding Company Act of 1935. Prescribes procedural guidelines for both Federal Energy Regulatory Commission (FERC) and State access to records of a holding company (including subsidiaries, associates, and affiliates) of a public utility or natural gas company. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.

 

Bill Number: S. 221
Short Title: State Electricity Reserve Fund Act of 2001
Introduced: January 30, 2001
Sponsor: Senator Barbara Boxer (D-CA)

Purpose: To authorize the Secretary of Energy to make loans through a revolving loan fund for States to construct electricity generation facilities for use in electricity supply emergencies.

Summary: Establishes in the Treasury the State Electricity Reserve Loan Fund. Authorizes the Secretary of Energy to make loans to a State from such Fund, without further appropriation, for electricity generating facilities capable of meeting intermittent deficiencies in electricity supply that the State may expect during any period over the next ten years. Mandates that such facilities: (1) be State-owned and operated; and (2) be operated to supply electricity to the electricity transmission grid only during periods of electricity emergencies declared by the Governor of the State. Makes appropriations to the Fund for FY2002 through 2006.

 

Bill Number: S. 286
Short Title: Small Business Assistance Act of 2001
Introduced: February 8, 2001
Sponsor: Senator Dianne Feinstein (D-CA)

Purpose: To direct the Secretary of Commerce to establish a program to make no-interest loans to eligible small business concerns to address economic harm resulting from shortages of, and increases in the prices of, electricity and natural gas.

Summary: Directs the Secretary of Commerce to establish a program to make no-interest loans to certain small businesses that: (1) are not covered by a State program limiting retail electricity rates; and (2) are located in California, are business customers of specified utilities, and have specified electric or natural gas usage rates; or (3) are located in other states and have experienced an increase in electricity or natural gas costs of not less than 100 percent. Establishes the Small Business Energy Expense Assistance Fund to fund such loans.

 

Bill Number: S. 287
Short Title: (No short title)
Introduced: February 8, 2001
Sponsor: Senator Dianne Feinstein (D-CA)

Purpose: To direct the Federal Energy Regulatory Commission to impose cost-of-service based rates on sales by public utilities of electric energy at wholesale in the western energy market.

Summary: Directs the Federal Energy Regulatory Commission (FERC) to impose cost-of- service based rates on sales by public utilities of electric energy at wholesale in the western energy market. Mandates that such imposed cost-of-service based electric energy rates remain in effect until the market for electric energy in the western energy market reflects just and reasonable rates as determined by FERC.

 

Bill Number: S. 388
Short Title: National Energy Security Act of 2001
Introduced: February 26, 2001
Sponsor: Senator Frank H. Murkowski (R-AK)

Purpose: To protect the energy and security of the United States and decrease America’s dependency on foreign oil sources to 50 percent by the year 2011 by enhancing the use of renewable energy resources, conserving energy resources, improving energy efficiencies, and increasing domestic energy supplies; improve environmental quality by reducing emissions of air pollutants and greenhouse gases; mitigate the effect of increases in energy prices on the American consumer, including the poor and the elderly; and for other purposes.

Summary: Mandates Federal studies and reports to Congress regarding specified national energy needs and resources. Prescribes research and development programs pertaining to designated energy technologies. Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate the royalty or net profit share set forth in leases in the Western, Eastern and Central Planning Areas of the Gulf of Mexico. Mandates that: (1) Federal oil or gas royalties accruing to the United States under any lease or permit be paid in kind in oil or gas; and (2) such royalty-in-kind oil be transferred to the Secretary of Energy to fill the Strategic Petroleum Reserve. Mandates transfer to a State, upon its request, of Federal authority over oil and gas lease operations on Federal land within the State. Directs the Secretary, when the price of West Texas Intermediate crude oil or natural gas reach certain levels, to grant a specified credit against the payment of royalties on oil and gas exploration and development on Federal land and the Outer Continental Shelf in order to encourage those activities. Establishes Federal grant programs for incentive payments for nuclear energy technology and research. Arctic Coastal Plain Domestic Energy Security Act of 2001 - Prescribes leasing guidelines for the Arctic Coastal Plain (Arctic National Wildlife Refuge) for private sector oil and gas exploration, development, and production, including rights-of-way and easements for oil and gas transportation. Establishes Federal grant programs for: (1) local governmental use of alternative fuel vehicles; and (2) residential renewable energy. Delineates mandatory factors for consideration by Federal agencies in connection with hydroelectric power licensing procedures. Amends the Federal Power Act to direct the Federal Energy Regulatory Commission to approve an Electric Reliability Organization, which shall adopt standards for the reliable operation of a bulk power system. Amends the Public Utility Regulatory Practices Act of 1978 to repeal the requirement that an electric utility enter into a new contract to purchase or sell electric energy or capacity pursuant to requirements governing cogeneration and small power production. Repeals the Public Utility Holding Company Act of 1935. Deems State actions to support emission-free electricity sources to be control measures meeting Clean Air Act requirements and included in a State Implementation Plan.

 

Bill Number: S. 389
Short Title: The National Energy Security Act of 2001
Introduced: February 26, 2001
Sponsor: Senator Frank H. Murkowski (R-AK)

This bill is the same as the preceding bill, S. 388, except that it includes a provision to amend the Internal Revenue Code of 1986 to establish tax incentives, including tax credits, with respect to: (1) oil and gas production; (2) offshore oil and gas vessels and structures; (3) emission reductions and efficiency improvements in coal-based electricity generation facilities; (4) early commercial applications of advanced clean coal technologies; (5) prepayments for natural gas; (6) electric power; (7) spent nuclear fuel storage; (8) energy efficiency; (9) alternative fuels; and (10) renewable energy.

 

Bill Number: S. 408
Short Title: Small Business Electricity Emergency Relief Act of 2001
Introduced: February 27, 2001
Sponsor: Senator Barbara Boxer (D-CA)

Purpose: To provide emergency relief to small businesses affected by the significant increases in the price of electricity.

Summary: Amends the Small Business Act to authorize the Small Business Administration (SBA) to make disaster loans to assist small businesses that have suffered or are likely to suffer substantial economic injury as the result of a sharp and significant increase in the price of electricity. Prohibits any such loan from being made if the total amount outstanding and committed to the borrower would exceed $1.5 million, unless the applicant is a major source of employment in its surrounding area. Requires, for such assistance: (1) a declaration of a disaster by the President or the SBA Administrator; or (2) a certification from the governor of the State that its small businesses have suffered such economic injury and are in need of assistance which is not otherwise available.

 

Bill Number: S. 517
(As reported in the Senate - S. 1766 was inserted into this bill as Senate Amendment 2917 on February 15, 2002)
Short Title: Energy Security Policy bill
Introduced: March 12, 2001
Sponsor: Senator Jeff Bingaman (D-NM)

Purpose: A bill to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes.

Summary: (S. 517 Summary Only - See S. 1766 for Summary of Senate Amendment 2917) Instructs the Secretary of Energy to: (1) establish a Technology Infrastructure Pilot Program to improve the ability of the National Laboratories to support department missions by stimulating technology cluster development, improving Laboratory ability to leverage and benefit from commercial research, technology, and services, and encouraging the exchange of scientific and technological expertise between such Laboratories and other specified institutions; (2) provide specified maximum funding among up to ten National Laboratories selected to conduct those Programs; (3) authorize each National Laboratory Director to implement such Pilot Program; (4) require each such Director to establish a small business advocacy program (organizationally independent of National Laboratory procurement function) to increase small business participation in procurement, collaborative research, and technology licensing and transfer; and (5) establish a technology partnership ombudsman program and a small business assistance program. Directs the Secretary to report to Congress on whether implementation should continue beyond the pilot stage. Requires the Secretary to direct the Laboratory Operations Board to study and report on improvements to mission effectiveness, partnerships, and technology transfer at National Laboratories. Amends the Department of Energy Organization Act to authorize the Secretary, in addition to specified authorities already granted, to enter into other transactions with public and private entities for research projects. Mandates that, with respect to National Laboratories and National Nuclear Security Administration (NNSA) facilities, all actions taken by the Secretary in implementing this Act shall be through the Administrator for Nuclear Security in conformance with the National Defense Authorization Act for Fiscal Year 2000. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to reflect the provisions of this Act with respect to strategic plans, experimental Federal waivers, and time required for approval. States that it shall be an objective of the Administrator of NNSA each fiscal year, for cooperative research and development agreements or similar cooperative, cost-shared research partnerships with non-Federal organizations, to obligate funds in an amount at least equal to the percentage of the total amount appropriated for the NNSA for such fiscal year.

 

Bill Number: S. 552
Short Title: Transition to Competition in the Electric Industry Act
Introduced: March 15, 2001
Sponsor: Senator Bob Graham (D-FL)

Purpose: To provide that no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under Section 210 of the Public Utility Regulatory Policies Act of 1978.

Summary: States that no electric utility shall be required, under the Public Utility Regulatory Policies Act of 1978 (PURPA), to enter into a new contract or obligation to purchase or sell electricity or capacity from or to qualifying cogeneration and small power production facilities. Requires the Federal Energy Regulatory Commission to promulgate and enforce regulations designed to ensure that no electric utility shall be required to absorb the costs associated with purchases of electric power or capacity from a qualifying facility pursuant to PURPA obligations before enactment of this Act.

 

Bill Number: S. 556
Short Title: Clean Power Act of 2001
Introduced: March 15, 2001
Sponsor: Senator James Jeffords (I-VT)

Purpose: To amend the Clean Air Act to reduce emissions from electric powerplants, and for other purposes.

Summary: Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to promulgate regulations to achieve specified reductions in emissions of sulfur dioxide, nitrogen oxide, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or greater that use a combustion device to generate electricity for sale) by January 1, 2007. Sets forth additional compliance requirements for outdated powerplants.