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H.R. 1038, Public Power Risk Management Act of 2013 1 (April 1, 2013)

handle is hein.congrec/cbo11020 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE
a                          COST ESTIMATE
April 1, 2013
H.R. 1038
Public Power Risk Management Act of 2013
As ordered reported by the House Committee on Agriculture on March 20, 2013
H.R. 1038 would change the way certain electric and natural gas utility contracts are
regulated by the Commodity Futures Trading Commission (CFTC). Under current law,
most firms that offer contracts to hedge or mitigate market risks are regulated as swap
dealers if the value of their transactions exceeds certain thresholds. H.R. 1038 would
direct the CFTC to exclude certain types of agreements with publicly owned utilities from
the calculation of the threshold for transactions with special entities, which includes
governmental or nonprofit entities. That change could make it easier for firms to enter into
hedging arrangements with public utilities without being regulated as a swap dealer.
Pay-as-you-go procedures apply to this bill because it could affect direct spending by the
Tennessee Valley Authority (TVA) and the Bonneville Power Administration (BPA).
CBO estimates, however, that the net effect on direct spending would not be significant in
any year. Enacting the legislation would not affect revenues. Based on information from
the CFTC, CBO estimates that implementing the bill would have a negligible effect on
spending subject to appropriation.
CBO estimates that implementing H.R. 1038 would have no significant effect on the
operations of TVA and BPA because most of their hedging agreements are with large firms
that already are regulated as swap dealers by the CFTC. In addition, any changes resulting
from the bill would have a negligible effect on net direct spending because TVA and BPA
routinely adjust their electricity prices and revenues to account for changes in their
operating expenses, as required by law.
H.R. 1038 contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal
governments.
The CBO staff contact for this estimate is Kathleen Gramp. The estimate was approved by
Theresa Gullo, Deputy Assistant Director for Budget Analysis.

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