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S. Rept. 115-278 1 (2018-06-18)

handle is hein.congrecreports/crptxabmj0001 and id is 1 raw text is: AUT-ENTICATED
US. GOVERNMENT
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                                                            Calendar No. 469

                    115TH CONGRESS                                        REPORT
                       2d Session  JSENATE                            1   115-278







                       FAIR  RATEPAYER ACCOUNTABILITY, TRANSPARENCY,
                                 AND   EFFICIENCY STANDARDS ACT



                                      JUNE 18, 2018.-Ordered to be printed



                           Ms. MURKOWSKI,   from the Committee   on Energy and
                                Natural Resources, submitted  the following


                                             REPORT

                                             [To accompany S. 186]

                              [Including cost estimate of the Congressional Budget Office]

                      The  Committee  on Energy  and Natural  Resources, to which was
                    referred the bill (S. 186) to amend the Federal Power Act to provide
                    that any  inaction by the Federal  Energy  Regulatory Commission
                    that allows a rate change  to go into effect shall be treated as an
                    order by the  Commission  for purposes  of rehearing and court re-
                    view, having considered  the same, reports favorably thereon  with
                    an  amendment,   and  recommends   that the  bill, as amended,  do
                    pass.
                      The amendment is   as follows:
                      Strike all after the end of Section 1, the Short Title, and insert
                    the following:
                    SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT.
                      Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by adding at
                    the end the following:
                      (g) INACTION OF COMMISSIONERS.-
                         (1) IN GENERAL.-If the Commission permits the expiration of the 60-day pe-
                       riod established under the first sentence of subsection (d) because the members
                       of the Commission are divided two against two as to the lawfulness of the
                       change, as a result of vacancy, incapacity, or recusal on the Commission-
                            (A) the failure to act by the Commission shall be considered to be an
                            order issued by the Commission accepting the change for purposes of sec-
                            tion 313(a); and
                            (B) there shall be added to the record of the proceeding of the Commis-
                            sion-
                                (i) the proposed order;
                                (ii) notice of the division of the Commissioners with respect to the
                              proposed order; and
                       79-010

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