[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10018 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10018
To require retail electric utilities to notify electric consumers of
rate increases, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 18, 2024
Mr. Van Drew introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require retail electric utilities to notify electric consumers of
rate increases, 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 ``Protecting Our Wallets from
Excessive Rates Act'' or the ``POWER Act''.
SEC. 2. NOTIFICATION REQUIREMENTS FOR PLANNED RATE INCREASES.
(a) Public Notification and Justification Requirement.--
(1) Notification to electric consumers.--A retail electric
utility that intends to increase any rate applicable to
electric consumers shall, in accordance with this subsection,
provide notification to electric consumers that will be
impacted by the rate increase at least 30 days prior to
implementing the rate increase.
(2) Content of notification.--A notification provided under
paragraph (1) shall include the following:
(A) A clear statement of the percentage of the rate
increase.
(B) A detailed breakdown of the reasons and
justifications for the rate increase.
(C) An explanation of how the increased rate will
impact the average electric consumer's bill.
(D) Information on how electric consumers can
provide feedback or file a complaint regarding the rate
increase.
(3) Methods of notification.--A retail electric utility
shall provide notification under paragraph (1) using multiple
communication channels to ensure, to the extent feasible, that
all impacted electric consumers are provided such notification,
including by providing notification by direct mail or email to
such electric consumers, posting the notification on the retail
electric utility's official website, and publishing the
notification in local newspapers and other local media outlets.
(4) Penalties for non-compliance.--
(A) In general.--A retail electric utility that
violates or fails or refuses to comply with the
notification requirement under paragraph (1)--
(i) shall be subject to a civil penalty in
an amount not to exceed $10,000; and
(ii) may not implement the applicable rate
increase until such notification requirement is
met.
(B) Assessment.--A penalty under subparagraph (A)
shall be assessed by the Federal Energy Regulatory
Commission after notice and opportunity for public
hearing. In determining the amount of such a penalty,
the Commission shall take into consideration the nature
and seriousness of the violation, failure, or refusal
and the efforts of the retail electric utility to
remedy the violation, failure, or refusal in a timely
manner.
(b) Department of Energy Notification Requirement.--
(1) Notification.--A retail electric utility shall submit
to the Secretary of Energy a notification of any planned rate
increase of 5 percent or more for any rate applicable to
electric consumers, at least 60 days prior to the
implementation of such rate increase.
(2) Content of notification.--A notification submitted
under paragraph (1) shall include--
(A) identification of the percentage by which the
rate will be increased;
(B) a comprehensive justification for such rate
increase, including cost drivers and financial impact;
(C) an assessment of the potential impacts on
electric consumers; and
(D) any proposed mitigation measures to be taken by
the retail electric utility.
(3) Pre-implementation review by doe.--The Secretary of
Energy shall--
(A) upon receiving a notification under this
subsection, review the justification described in
paragraph (2)(B); and
(B) not later than 30 days after receiving a
notification under this subsection, publish a report on
the Secretary's findings regarding the applicable
planned rate increase, including--
(i) an assessment of the potential impacts
on electric consumers; and
(ii) any recommendations--
(I) for adjustments to the planned
rate increase;
(II) on ways to mitigate the
impacts of the rate increase on
electric consumers, including--
(aa) phasing in price
increases; and
(bb) financial aid options
for electric consumers; and
(III) for how the retail electric
utility can improve or increase
efficiency to avoid future rate
increases.
(4) Monitoring by doe.--The Secretary of Energy shall,
after a rate increase described in paragraph (1) is
implemented, monitor the impacts of such rate increase on the
market and on electric consumers to evaluate if the rate
increase has had the impacts described in paragraph (3)(B) and
if further action is needed.
(c) Definitions.--In this section:
(1) Electric consumer.--The term ``electric consumer'' has
the meaning given such term in section 3(5) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(5)).
(2) Electric utility.--The term ``electric utility'' has
the meaning given such term in section 3(4) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)).
(3) Retail electric utility.--The term ``retail electric
utility'' means an electric utility that sells electric energy
for purposes other than resale.
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