[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9042 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9042
To amend the Federal Power Act and the Tennessee Valley Authority Act
of 1933 to reform the Tennessee Valley Authority's ratemaking
authorities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Cohen introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Power Act and the Tennessee Valley Authority Act
of 1933 to reform the Tennessee Valley Authority's ratemaking
authorities, 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 ``TVA Reform and Consumer Protection
Act''.
SEC. 2. TENNESSEE VALLEY AUTHORITY REFORMS.
(a) Federal Power Act Amendments.--
(1) Applicability of part.--Section 201(f) of the Federal
Power Act (16 U.S.C. 824(f)) is amended by inserting ``(other
than the Tennessee Valley Authority)'' after
``instrumentality''.
(2) Certain wheeling authority.--Section 211 of the Federal
Power Act (16 U.S.C. 824j) is amended by adding at the end the
following:
``(f) Transfer of Control of Transmitting Facilities.--Nothing in
this section authorizes the Commission to require the Tennessee Valley
Authority to transfer control or operational control of its
transmitting facilities to a Transmission Organization that is
designated to provide nondiscriminatory transmission access.''.
(3) Provisions regarding certain orders requiring
interconnection or wheeling.--Section 212(j) of the Federal
Power Act (16 U.S.C. 824k(j)) is repealed.
(b) Tennessee Valley Authority Act of 1933 Amendments.--
(1) Duties of the board of directors.--Section 2(g)(1)(L)
of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831a(g)(1)(L)) is amended by inserting ``, subject to approval
by the Federal Energy Regulatory Commission'' before the
semicolon.
(2) Sale of surplus power.--Section 10 of the Tennessee
Valley Authority Act of 1933 (16 U.S.C. 831i) is amended--
(A) by striking ``for a term not exceeding twenty
years'';
(B) by striking ``all contracts made with private
companies or individuals for the sale of power, which
power is to be resold for a profit, shall contain a
provision authorizing the Board to cancel said contract
upon five years' notice in writing, if the Board needs
said power to supply the demands of States, counties,
or municipalities. In order'' and inserting ``in
order'';
(C) by striking ``at reasonable rates and to make
such rules and regulations governing such sale and
distribution of such electric power as in its judgment
may be just and equitable'' and inserting ``at just and
reasonable rates, and to make rules and regulations
governing such sale and distribution of such electric
power that are just and reasonable, subject to approval
by the Federal Energy Regulatory Commission''; and
(D) by striking ``and in case the purchaser shall
fail to comply with any such terms and conditions, or
violate any such rules and regulations, said contract
may provide that it shall be voidable at the election
of the Board'' and inserting ``subject to approval by
the Federal Energy Regulatory Commission''.
(3) Rates when sold for resale at profit.--Section 12 of
the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831k) is
amended by striking ``as reasonable, just, and fair; and in
case of any such sale, if an amount is charged the ultimate
consumer which is in excess of the price so deemed to be just,
reasonable, and fair by the Board, the contract for such sale
between the Board and such distributor of electricity shall be
voidable at the election of the Board'' and inserting ``as just
and reasonable, subject to approval by the Federal Energy
Regulatory Commission''.
(4) Restriction on contracts for sale or delivery of
power.--Section 15d(a) of the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831n-4(a)) is amended--
(A) by striking ``Unless otherwise specifically
authorized by Act of Congress the Corporation shall
make no contracts for the sale or delivery of power
which would have the effect of making the Corporation
or its distributors, directly or indirectly, a source
of power supply outside the area for which the
Corporation or its distributors were the primary source
of power supply on July 1, 1957, and such additional
area extending not more than five miles around the
periphery of such area as may be necessary to care for
the growth of the Corporation and its distributors
within said area: Provided, however, That such
additional area shall not in any event increase by more
than 2\1/2\ per centum (or two thousand square miles,
whichever is the lesser) the area for which the
Corporation and its distributors were the primary
source of power supply on July 1, 1957: And provided
further, That no part of such additional area may be in
a State not now served by the Corporation or its
distributors or in a municipality receiving electric
service from another source on or after July 1, 1957,
and no more than five hundred square miles of such
additional area may be in any one State now served by
the Corporation or its distributors.'';
(B) by striking ``Nothing in this subsection shall
prevent the Corporation or its distributors from
supplying electric power to any customer within any
area in which the Corporation or its distributors had
generally established electric service on July 1, 1957,
and to which electric service was not being supplied
from any other source on the effective date of this
Act.''; and
(C) by striking ``Nothing in this subsection shall
prevent the Corporation, when economically feasible,
from making exchange power arrangements with other
power-generating organizations with which the
Corporation had such arrangements on July 1, 1957'' and
inserting ``Nothing in this Act shall prevent the
Corporation or its distributors from supplying electric
power to any customer within any area, nor prevent the
Corporation, when economically feasible, from making
exchange power arrangements with other power-generating
organizations''.
<all>