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1 S. 186, Fair RATES Act 1 (April 2, 2018)

handle is hein.congrec/cbomayau0001 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE COST ESTIMATE April 2, 2018 S. 186 Fair RATES Act As ordered reported by the Senate Committee on Energy and Natural Resources on March 8, 2018 Under the Federal Power Act (FPA), the Federal Energy Regulatory Commission (FERC) is responsible for ensuring that rates, terms, and conditions set by public utilities related to interstate transmission and sales of electricity are just and reasonable. Section 205 of that act requires public utilities to notify FERC of any changes to such rates, terms and conditions. Under current law, FERC has 60 days to review proposed changes and issue an order determining whether such changes can take effect. Affected parties can seek a rehearing of FERC's decision and a subsequent review by an appellate court. If, however, FERC fails to issue an order within 60 days, any proposed changes take effect automatically. In the absence of an official decision by FERC, affected parties cannot request a rehearing. S. 186 would amend section 205 of the FPA to specify circumstances under which a failure by FERC to issue an order related to a proposed change in rates or other terms would be considered an order to allow such changes. Thus, under the bill, affected parties could seek rehearing and appellate review. By expanding the number of cases in which proposed rate changes could result in rehearings, S. 186 could increase FERC's workload. However, using information from FERC about the small number of cases that would be affected by the proposed change, CBO estimates that any increased administrative costs to the agency would be insignificant in any given year. Furthermore, because FERC recovers 100 percent of its costs through user fees, any change in its costs (which are controlled through annual appropriation acts) would be offset by an equal change in fees, resulting in no net change in federal spending. Enacting S. 186 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates that enacting S. 186 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

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