{ "id": "RL33248", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33248", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 311796, "date": "2006-01-24", "retrieved": "2016-04-07T19:18:28.604029", "title": "Energy Policy Act of 2005, P.L. 109-58: Electricity Provisions", "summary": "The Energy Policy Act of 2005 ( P.L. 109-58 ), signed by President Bush on August 8, 2005, was\nthe\nfirst omnibus energy legislation enacted in more than a decade. Major provisions include tax\nincentives for domestic energy production and energy efficiency, a mandate to double the nation's\nuse of biofuels, faster procedures for energy production on federal lands, and authorization of\nnumerous federal energy research and development programs. This report describes the electricity\nprovisions. It will not be updated.\n Title XII authorizes the Federal Energy Regulatory Commission (FERC) to certify a national\nelectric reliability organization (ERO) to enforce mandatory reliability standards for the bulk power\nsystem. All ERO standards must be approved by FERC. The ERO can impose penalties on a user,\nowner, or operator of the bulk power system for violations of any FERC-approved reliability\nstandard.\n The Secretary of Energy is required to conduct a study of electric transmission congestion every\nthree years and may designate a geographic area as being congested. Under certain conditions, FERC\nis authorized to issue construction permits in congested areas. Permit holders may petition in U.S.\nDistrict Court to acquire rights-of-way through eminent domain. An applicant for federal\nauthorization to site transmission facilities on federal lands could request that the Department of\nEnergy be the lead agency to coordinate environmental review and other federal authorization. If\na federal agency has denied an authorization required by a transmission or distribution facility, the\ndenial could be appealed by the applicant or relevant state to the President.\n Section 210 of the Public Utility Regulatory Policies Act (PURPA) had required utilities to\npurchase power from all qualifying facilities and small power producers at a rate based on the\nutilities' avoided cost. The Energy Policy Act repeals the PURPA mandatory purchase requirement\nfor new contracts if FERC finds that a competitive electricity market exists and a qualifying facility\nhas adequate access to wholesale markets.\n Also repealed is the Public Utility Holding Company Act of 1935 (PUHCA), which restricted\nthe structure of holding companies of investor-owned utilities and provided for Securities and\nExchange Commission (SEC) regulation of mergers and diversification proposals. FERC and state\nregulatory bodies must be given access to utility books and records.\n FERC is directed to facilitate price transparency in wholesale electric markets, relying on\nexisting price publishers and providers of trade processing services to the maximum extent possible. \nHowever, FERC may establish an electronic information system if it determines that existing price\ninformation is not adequate. FERC is given approval authority over the acquisition of securities and\nthe merger, sale, lease, or disposition of facilities under FERC's jurisdiction with a value in excess\nof $10 million.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33248", "sha1": "340cd03e238c45c1100534861a15d95e67a5f7c8", "filename": "files/20060124_RL33248_340cd03e238c45c1100534861a15d95e67a5f7c8.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33248", "sha1": "2d5b9e159a8ce3d36e3364369096a75510731c2b", "filename": "files/20060124_RL33248_2d5b9e159a8ce3d36e3364369096a75510731c2b.pdf", "images": null } ], "topics": [] } ], "topics": [ "Energy Policy" ] }