[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4171 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4171
To amend the Natural Gas Act to protect consumers from excessive rates,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Natural Gas Act to protect consumers from excessive rates,
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 ``Making Pipelines Accountable to
Consumers and Taxpayers Act'' or the ``MPACT Act''.
SEC. 2. HEARING ON CHANGED RATES OR CHARGES.
Section 4(e) of the Natural Gas Act (15 U.S.C. 717c(e)) is amended
by striking the third and fourth sentences and inserting the following:
``Where changes in rates or charges are thus made effective, the
Commission may, by order, require the natural-gas company to furnish a
bond, to be approved by the Commission, to refund any amounts ordered
by the Commission, to keep accurate accounts in detail of all amounts
received by reason of those changes, specifying by whom and in whose
behalf those amounts were paid, and, on completion of the hearing and
decision, to order the natural-gas company to refund, with interest,
the portion of those rates or charges by its decision found not
justified. At any hearing involving a rate or charge sought to be
changed, the burden of proof to show that the changed rate or charge is
just and reasonable shall be on the natural-gas company, and the
Commission shall give to the hearing and decision of such questions
preference over other questions pending before the Commission and
decide the same as speedily as possible.''.
SEC. 3. REFUNDS.
Section 5 of the Natural Gas Act (15 U.S.C. 717d) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) inserting after subsection (a) the following:
``(b) Refunds.--
``(1) In general.--At the conclusion of any hearing under
this section in which refunds of amounts that have been paid
are required, the Commission shall order the natural-gas
company to make those refunds for the period beginning on the
refund effective date established under paragraph (3) and
ending on the date on which the new rate established by the
Commission under subsection (a) takes effect in amounts in
excess of those amounts that would have been paid under the
just and reasonable rate, charge, classification, rule,
regulation, practice, or contract that the Commission orders to
be observed and in force.
``(2) Requirement.--The refunds required under paragraph
(1) shall be made, with interest, to the persons who have paid
the rates or charges that are the subject of the hearing.
``(3) Effective date.--
``(A) In general.--The Commission shall establish
the refund effective date in accordance with this
paragraph.
``(B) Hearings initiated on complaint.--In the case
of a hearing initiated on a complaint, the refund
effective date shall be--
``(i) not earlier than the date on which
the complaint was filed; and
``(ii) not later than 150 days after that
date.
``(C) Hearing initiated on motion of commission.--
In the case of a hearing initiated by the Commission on
its own motion, the refund effective date shall be--
``(i) not earlier than the date on which
the Commission publishes notice of the intent
to initiate the hearing; and
``(ii) not later than 150 days after that
date.
``(c) No Final Decision.--If the Commission has not rendered a
final decision for a hearing under this section by the end of the 180-
day period beginning on the date on which the hearing is initiated, the
Commission shall state--
``(1) the reasons why the Commission has failed to render a
decision; and
``(2) the best estimate of the Commission as to when the
Commission reasonably expects to render the decision.''.
SEC. 4. EFFECT.
(a) In General.--The amendments made by sections 2 and 3 shall not
apply to any proceeding under the Natural Gas Act (15 U.S.C. 717 et
seq.) commenced before the date of enactment of this Act.
(b) Refiling Without Prejudice.--A proceeding under the Natural Gas
Act (15 U.S.C. 717 et seq.) commenced before the date of enactment of
this Act may be withdrawn and refiled without prejudice.
SEC. 5. STUDY.
(a) In General.--Not earlier than 3 years and not later than 4
years after the date of enactment of this Act, the Federal Energy
Regulatory Commission shall conduct a study on the effect of the
amendments made by sections 2 and 3.
(b) Requirements.--The study under subsection (a) shall include an
analysis of--
(1) the impact, if any, of the amendments made by sections
2 and 3 on the cost of capital paid by natural-gas companies
(as defined in section 2 of the Natural Gas Act (15 U.S.C.
717a));
(2) any change in the average time taken to resolve
proceedings under sections 4 and 5 of the Natural Gas Act (15
U.S.C. 717c, 717d); and
(3) such other matters as the Federal Energy Regulatory
Commission may determine to be appropriate and in the public
interest.
(c) Report.--On completion of the study under subsection (a), the
Federal Energy Regulatory Commission shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report describing the
results of the study.
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