Public Engagement at FERC Act

II 116TH CONGRESS 1ST SESSION S. 1477 To amend the Federal Power Act to establish an Office of Public Participation and Consumer Advocacy. IN THE SENATE OF THE UNITED STATES MAY 15, 2019 Mrs. SHAHEEN (for herself, Mr. VAN HOLLEN, Mr. WYDEN, Mr. WARNER, Ms. WARREN, Mr. SANDERS, Ms. HASSAN, Mr. BLUMENTHAL, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to establish an Office of Public Participation and Consumer Advocacy. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Public Engagement 4 at FERC Act’’. 5 SEC. 2. OFFICE OF PUBLIC PARTICIPATION AND CON- 6 SUMER ADVOCACY. 7 Section 319 of the Federal Power Act (16 U.S.C. 8 825q–1) is amended to read as follows: 9 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 2 •S 1477 IS ‘‘SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CON- 1 SUMER ADVOCACY. 2 ‘‘(a) DEFINITIONS.—In this section: 3 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi- 4 sory Committee’ means the Public and Consumer 5 Advocacy Advisory Committee established under 6 subsection (f)(1). 7 ‘‘(2) DIRECTOR.—The term ‘Director’ means 8 the Director of the Office appointed under sub- 9 section (c)(1). 10 ‘‘(3) ENERGY CUSTOMER.—The term ‘energy 11 customer’ means a residential customer or a small 12 commercial customer that receives products or serv- 13 ices from— 14 ‘‘(A) a public utility or natural gas com- 15 pany under the jurisdiction of the Commission; 16 or 17 ‘‘(B) an electric cooperative. 18 ‘‘(4) NATURAL GAS COMPANY.—The term ‘nat- 19 ural gas company’ has the meaning given the term 20 ‘natural-gas company’ in section 2 of the Natural 21 Gas Act (15 U.S.C. 717a), as modified by section 22 601(a)(1)(C) of the Natural Gas Policy Act of 1978 23 (15 U.S.C. 3431(a)(1)(C)). 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 3 •S 1477 IS ‘‘(5) OFFICE.—The term ‘Office’ means the Of- 1 fice of Public Participation and Consumer Advocacy 2 established by subsection (b). 3 ‘‘(b) ESTABLISHMENT.—There is established within 4 the Commission an office, to be known as the ‘Office of 5 Public Participation and Consumer Advocacy’. 6 ‘‘(c) DIRECTOR.— 7 ‘‘(1) IN GENERAL.—The Office shall be headed 8 by a Director, to be appointed by the Secretary of 9 Energy from among individuals who— 10 ‘‘(A) are licensed attorneys admitted to the 11 bar of— 12 ‘‘(i) any State; or 13 ‘‘(ii) the District of Columbia; and 14 ‘‘(B) have experience relating to public 15 utility proceedings. 16 ‘‘(2) DUTIES.—The Director shall coordinate 17 assistance made available to— 18 ‘‘(A) the public, with respect to authorities 19 exercised by the Commission; and 20 ‘‘(B) individuals and entities intervening or 21 participating, or proposing to intervene or par- 22 ticipate, in proceedings before the Commission. 23 ‘‘(3) COMPENSATION AND POWERS.— 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 4 •S 1477 IS ‘‘(A) COMPENSATION.—The Director shall 1 be compensated at a rate equal to the daily 2 equivalent of the annual rate of basic pay pre- 3 scribed for level IV of the Executive Schedule 4 under section 5315 of title 5, United States 5 Code. 6 ‘‘(B) POWERS.—The Director may— 7 ‘‘(i) employ at the Office— 8 ‘‘(I) not more than 125 full-time 9 professional employees at appropriate 10 levels of the General Schedule; and 11 ‘‘(II) such additional support 12 personnel as the Director determines 13 to be necessary; and 14 ‘‘(ii) procure for the Office such tem- 15 porary and intermittent services as the Di- 16 rector determines to be necessary. 17 ‘‘(d) POWERS OF OFFICE.—The Office may— 18 ‘‘(1) intervene, appear, and participate, in ac- 19 cordance with this section, in administrative, regu- 20 latory, or judicial proceedings on behalf of energy 21 customers with respect to any matter concerning 22 natural gas siting and infrastructure development 23 under the jurisdiction of the Commission or the 24 rates, charges, prices, tariffs, or service of public 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 5 •S 1477 IS utilities and natural gas companies under the juris- 1 diction of the Commission by representing the inter- 2 ests of the energy customers— 3 ‘‘(A) on any matter before the Commission 4 concerning rates or service of such a public util- 5 ity or natural gas company; or 6 ‘‘(B) as amicus curiae in— 7 ‘‘(i) a review in any United States 8 court of a ruling by the Commission in 9 such a matter; or 10 ‘‘(ii) a hearing or proceeding in any 11 other Federal regulatory agency or com- 12 mission relating to such a matter; 13 ‘‘(2) support public participation in the siting 14 and permitting of natural gas storage and distribu- 15 tion infrastructure under the jurisdiction of the 16 Commission; 17 ‘‘(3) monitor and review energy customer com- 18 plaints and grievances on matters concerning rates 19 or service of public utilities and natural gas compa- 20 nies under the jurisdiction of the Commission; 21 ‘‘(4) employ means, such as public dissemina- 22 tion of information, consultative services, and tech- 23 nical assistance, to ensure, to the maximum extent 24 practicable, that the interests of energy customers 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 6 •S 1477 IS are adequately represented in the course of any 1 hearing or proceeding described in paragraph (1); 2 ‘‘(5) collect data concerning rates or service of 3 public utilities and natural gas companies under the 4 jurisdiction of the Commission; 5 ‘‘(6) prepare and issue reports and rec- 6 ommendations; and 7 ‘‘(7) take such other actions as the Director de- 8 termines to be necessary to ensure just and reason- 9 able rates for energy customers. 10 ‘‘(e) INFORMATION FROM FEDERAL DEPARTMENTS 11 AND AGENCIES.— 12 ‘‘(1) IN GENERAL.—The Director may secure 13 directly from a Federal department or agency such 14 information as the Director considers to be nec- 15 essary to carry out this section. 16 ‘‘(2) PROVISION OF INFORMATION.—On request 17 of the Director under paragraph (1), the head of a 18 Federal department or agency shall, to the extent 19 practicable and authorized by law, provide the infor- 20 mation to the Office. 21 ‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVISORY 22 COMMITTEE.— 23 ‘‘(1) ESTABLISHMENT.—The Director shall es- 24 tablish an advisory committee, to be known as the 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 7 •S 1477 IS ‘Public and Consumer Advocacy Advisory Com- 1 mittee’— 2 ‘‘(A) to review rates, services, and dis- 3 putes; and 4 ‘‘(B) to make recommendations to the Di- 5 rector. 6 ‘‘(2) COMPOSITION.—The Advisory Committee 7 shall— 8 ‘‘(A) be composed of such members as the 9 Director determines to be appropriate; but 10 ‘‘(B) include not fewer than— 11 ‘‘(i) 2 individuals representing State 12 utility consumer advocates; and 13 ‘‘(ii) 1 individual representing a non- 14 governmental organization that represents 15 consumers. 16 ‘‘(3) MEETINGS.—The Advisory Committee 17 shall meet at such frequency as is required to carry 18 out the duties of the Advisory Committee. 19 ‘‘(4) REPORTS.—The Director shall publish the 20 recommendations of the Advisory Committee on the 21 public internet website established for the Office. 22 ‘‘(5) DURATION.—Notwithstanding any other 23 provision of law, the Advisory Committee shall con- 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 8 •S 1477 IS tinue in operation during the period for which the 1 Office exists. 2 ‘‘(6) APPLICATION OF FACA.—Except as other- 3 wise specifically provided, the Advisory Committee 4 shall be subject to the Federal Advisory Committee 5 Act (5 U.S.C. App.). 6 ‘‘(g) REPORTS AND GUIDANCE.—As the Director de- 7 termines to be appropriate, the Office shall issue to the 8 Commission and entities subject to regulation by the Com- 9 mission reports and guidance— 10 ‘‘(1) regarding market practices; 11 ‘‘(2) proposing improvements in Commission 12 monitoring of market practices; and 13 ‘‘(3) addressing potential improvements to in- 14 dustry and Commission practices. 15 ‘‘(h) OUTREACH.—The Office shall promote, through 16 outreach, publications, and, as appropriate, direct commu- 17 nication with entities regulated by the Commission— 18 ‘‘(1) improved compliance with Commission 19 rules and orders; and 20 ‘‘(2) public participation in the siting and per- 21 mitting of natural gas storage and distribution infra- 22 structure under the jurisdiction of the Commission. 23 ‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS FOR 24 INTERVENTION OR PARTICIPATION.— 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 9 •S 1477 IS ‘‘(1) DEFINITION OF ELIGIBLE RECIPIENT.—In 1 this subsection, the term ‘eligible recipient’ means 2 an individual or entity— 3 ‘‘(A) that intervenes or participates in any 4 proceeding before the Commission; 5 ‘‘(B) the intervention or participation of 6 which substantially contributed to the approval, 7 in whole or in part, of a position advocated by 8 the individual or entity in the proceeding; and 9 ‘‘(C) that is— 10 ‘‘(i) an individual; 11 ‘‘(ii) an energy customer; or 12 ‘‘(iii) a representative of the interests 13 of energy customers. 14 ‘‘(2) COMPENSATION.—Subject to paragraph 15 (3), the Commission, in accordance with regulations 16 promulgated by the Commission, may provide to any 17 eligible recipient compensation for reasonable attor- 18 ney fees, expert witness fees, and other costs of in- 19 tervening or participating in the applicable pro- 20 ceeding before the Commission. 21 ‘‘(3) REQUIREMENT.—The Commission may 22 only provide compensation under paragraph (2) if 23 the Commission determines that— 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 10 •S 1477 IS ‘‘(A) the applicable proceeding is signifi- 1 cant; 2 ‘‘(B) the compensation is approved by the 3 Advisory Committee; and 4 ‘‘(C) the intervention or participation by 5 the eligible recipient in the proceeding without 6 receipt of compensation constitutes a significant 7 financial hardship to the eligible recipient. 8 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section re- 9 stricts or otherwise affects— 10 ‘‘(1) any right or obligation of an intervenor, 11 participant, State utility consumer advocate, energy 12 customer, or group of energy customers under any 13 other applicable provision of law (including regula- 14 tions); or 15 ‘‘(2) the work of Commission trial staff in rep- 16 resenting the public interest and pursuing appro- 17 priate resolutions in contested matters before the 18 Commission. 19 ‘‘(k) FUNDING.—Of the amounts received by the 20 Commission for fiscal year 2020 and each fiscal year 21 thereafter as a result of any fee imposed by the Commis- 22 sion, the Commission shall use such sums as are necessary 23 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS 11 •S 1477 IS to establish and provide for the operation of the Office 1 under this section.’’. 2 Æ VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1477.IS S1477 kjohnson on DSK79L0C42 with BILLS