HR 681 IH
101st CONGRESS
1st Session
 H. R. 681
To clarify standards governing bankruptcies and reorganizations of public
utility companies under title 11 of the United States Code.
IN THE HOUSE OF REPRESENTATIVES
January 27, 1989
Mr. DOUGLAS (for himself, Mr. SMITH of New Hampshire, and Mr. SMITH of
Vermont) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To clarify standards governing bankruptcies and reorganizations of public
utility companies under title 11 of the United States Code.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act may be cited as the
  `Electric Utility Bank- ruptcy Clarification Act'.
  SEC. 2. (a) Chapter 1 of title 11, United States Code, is amended by adding
  at the end thereof the following new section:
`Sec. 110. Electric utility debtors
  `(a) In cases in which the debtor is an electric utility, the prior
  approval of any State regulatory authority vested with jurisdiction
  over the electric utility operations, transactions, properties, or rates
  of a debtor shall be obtained before the court may confirm any plan of
  adjustment or reorganization or take any other action pertaining to the
  debtor which would terminate or restrict the existing jurisdiction of such
  State regulatory authority.
  `(b) The pendency of any proceeding under this title shall not be construed
  to nullify the jurisdiction or authority of any State regulatory authority
  which would otherwise apply to the operations, transactions, properties,
  or rates of a debtor which is an electric utility.
  `(c) For purposes of this section, the term `electric utility' means
  any entity which owns or operates facilities used for the generation,
  transmission, or distribution of electric energy for sale, other than sale
  to tenants or employees of the entity operating such facilities for their
  own use and not for resale.'.
  (b) The table of sections for chapter 1 of title 11, United States Code,
  is amended by adding at the end thereof the following:
`110. Electric utility debtors.'.
  (c) This Act and the amendments made by this Act shall become effective
  on the date of enactment and shall apply to any case pending on such date.