Right to Timely Rehearings at FERC Act of 2020
This bill revises the rehearing process for petitioners aggrieved by an order issued by the Federal Energy Regulatory Commission with respect to licensing for projects under the Federal Power Act.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6963 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6963
To amend the Federal Power Act with respect to the rehearing process,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2020
Mr. Casten of Illinois (for himself, Mr. Malinowski, and Mr. Kennedy)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act with respect to the rehearing process,
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 ``Right to Timely Rehearings at FERC
Act of 2020''.
SEC. 2. FEDERAL POWER ACT REHEARINGS.
Section 313(a) of the Federal Power Act (16 U.S.C. 825l(a)) is
amended to read as follows:
``(a) Rehearings.--
``(1) In general.--Any person, electric utility, State,
municipality, or State commission aggrieved by an order issued
by the Commission in a proceeding under this Act to which such
person, electric utility, State, municipality, or State
commission is a party may apply for a rehearing within 30 days
after the issuance of such order. The application for rehearing
shall set forth specifically the ground or grounds upon which
such application is based. Upon such application the Commission
shall have power to grant or deny rehearing or to abrogate or
modify its order without further hearing. No proceeding to
review any orders of the Commission shall be brought by any
entity unless such entity shall have made application to the
Commission for a rehearing thereon. Until the record in a
proceeding shall have been filed in a court of appeals, as
provided in subsection (b), the Commission may at any time,
upon reasonable notice and in such manner as it shall deem
proper, modify or set aside, in whole or in part, any finding
or order made or issued by it under the provisions of this act.
``(2) Deadline.--
``(A) In general.--Except as provided in
subparagraph (B), the Commission shall act on the
merits of an application filed under paragraph (1) by
the date that is 120 days after the date on which the
applicable order is issued.
``(B) Exceptions.--
``(i) Finding.--If, by the date that is 120
days after the date on which the applicable
order is issued, the Commission issues a
finding that additional time for consideration
of an application filed under paragraph (1) is
necessary, the Commission shall act on the
merits of the application by the date that is
210 days after the date on which the applicable
order is issued. The Commission may not
delegate the authority to issue a finding under
this clause.
``(ii) Lack of quorum.--If the Commission
fails to act on the merits of an application
filed under paragraph (1) by the applicable
deadline under clause (i) or subparagraph (A)
because the Commission lacks a quorum on such
date, the Commission shall act on the merits of
the application by the date that is 30 days
after the date on which the Commission
establishes a quorum.
``(C) Failure to act.--If the Commission fails to
act on the merits of an application filed under
paragraph (1) by the applicable deadline under
subparagraph (A) or (B), the application shall be
deemed to be denied.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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