Energy Policy Act of 2005, P.L. 109-58: Electricity Provisions

Order Code RL33248

CRS Report for Congress

Received through the CRS Web

Energy Policy Act of 2005, P.L. 109-58:

Electricity Provisions

January 24, 2006

-name redactedSpecialist in Energy Policy

Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

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 the first omnibus energy legislation enacted in more than a

decade. Major provisions include tax incentives for domestic energy production and

energy efficiency, a mandate to double the nation’s use of biofuels, faster procedures

for energy production on federal lands, and authorization of numerous federal energy

research and development programs. This report describes the electricity provisions.

It will not be updated.

Title XII authorizes the Federal Energy Regulatory Commission (FERC) to

certify a national electric reliability organization (ERO) to enforce mandatory

reliability standards for the bulk power system. All ERO standards must be approved

by FERC. The ERO can impose penalties on a user, owner, or operator of the bulk

power system for violations of any FERC-approved reliability standard.

The Secretary of Energy is required to conduct a study of electric transmission

congestion every three years and may designate a geographic area as being congested.

Under certain conditions, FERC is authorized to issue construction permits in

congested areas. Permit holders may petition in U.S. District Court to acquire rightsof-way through eminent domain. An applicant for federal authorization to site

transmission facilities on federal lands could request that the Department of Energy

be the lead agency to coordinate environmental review and other federal

authorization. If a federal agency has denied an authorization required by a

transmission or distribution facility, the denial could be appealed by the applicant or

relevant state to the President.

Section 210 of the Public Utility Regulatory Policies Act (PURPA) had required

utilities to purchase power from all qualifying facilities and small power producers

at a rate based on the utilities’ avoided cost. The Energy Policy Act repeals the

PURPA mandatory purchase requirement for new contracts if FERC finds that a

competitive electricity market exists and a qualifying facility has adequate access to

wholesale markets.

Also repealed is the Public Utility Holding Company Act of 1935 (PUHCA),

which restricted the structure of holding companies of investor-owned utilities and

provided for Securities and Exchange Commission (SEC) regulation of mergers and

diversification proposals. FERC and state regulatory bodies must be given access to

utility books and records.

FERC is directed to facilitate price transparency in wholesale electric markets,

relying on existing price publishers and providers of trade processing services to the

maximum extent possible. However, FERC may establish an electronic information

system if it determines that existing price information is not adequate. FERC is

given approval authority over the acquisition of securities and the merger, sale, lease,

or disposition of facilities under FERC’s jurisdiction with a value in excess of $10

million.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Title XII — Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Sec. 1201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Subtitle A — Reliability Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Summary of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Subtitle B — Transmission Infrastructure Modernization . . . . . . . . . . . . . . . 2

Siting of Interstate Electric Transmission Facilities (Sec. 1221) . . . . . . 2

Third-Party Finance (Sec. 1222) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Advanced Transmission Technologies (Sec. 1223) . . . . . . . . . . . . . . . . 3

Advanced Power System Technology Incentive Program

(Sec. 1224) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Subtitle C — Transmission Operation Improvements . . . . . . . . . . . . . . . . . . 4

Open Nondiscriminatory Access (Sec. 1231) . . . . . . . . . . . . . . . . . . . . 4

Federal Utility Participation in Regional Transmission Organizations

(Sec. 1232) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Native Load Service Obligation (Sec. 1233) . . . . . . . . . . . . . . . . . . . . . 4

Study on the Benefits of Economic Dispatch (Sec. 1234) . . . . . . . . . . . 5

Protection of Transmission Contracts in the Pacific Northwest

(Sec. 1235) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Sense of Congress Regarding Locational Installed Capacity

Mechanism (Sec. 1236) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Subtitle D — Transmission Rate Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Transmission Infrastructure Investment (Sec. 1241) . . . . . . . . . . . . . . . 5

Funding New Interconnection and Transmission Upgrades

(Sec. 1242) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Subtitle E — Amendments to the Public Utility Regulatory

Policies Act (PURPA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Net Metering and Additional Standards (Sec. 1251) . . . . . . . . . . . . . . . 6

Smart Metering (Sec. 1252) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Cogeneration and Small Power Production Purchase

and Sale Requirements (Sec. 1253) . . . . . . . . . . . . . . . . . . . . . . . . 6

Interconnection (Sec. 1254) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Subtitle F — Repeal of the Public Utility Holding Company Act

of 1935 (PUHCA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Short Title (Sec. 1261) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Definitions (Sec. 1262) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Repeal of the Public Utility Holding Company Act of 1935

(Sec. 1263) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Federal Access to Books and Records (Sec. 1264) . . . . . . . . . . . . . . . 11

State Access to Books and Records (Sec. 1265) . . . . . . . . . . . . . . . . . 11

Exemption Authority (Sec. 1266) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Affiliate Transactions (Sec. 1267) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Applicability (Sec. 1268) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Effect on Other Regulations (Sec. 1269) . . . . . . . . . . . . . . . . . . . . . . . 12

Enforcement (Sec. 1270) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Savings Provisions (Sec. 1271) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Implementation (Sec. 1272) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Transfer of Resources (Sec. 1273) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Effective Date (Sec. 1274) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Service Allocation (Sec. 1275) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Authorization of Appropriations (Sec. 1276) . . . . . . . . . . . . . . . . . . . 13

Conforming Amendments to the Federal Power Act (Sec. 1277) . . . . 13

Subtitle G — Market Transparency, Enforcement, and

Consumer Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Electricity Market Transparency (Sec. 1281) . . . . . . . . . . . . . . . . . . . 13

False Statements (Sec. 1282) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Market Manipulation (Sec. 1283) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Enforcement (Sec. 1284) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Refund Effective Date (Sec. 1285) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Refund Authority (Sec. 1286) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Consumer Privacy and Unfair Trade Practices (Sec. 1287) . . . . . . . . . 14

Authority of Court to Prohibit Individuals from Serving

As Officers, Directors, and Energy Traders (Sec. 1288) . . . . . . . 14

Merger Review Reform (Sec. 1289) . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Relief for Extraordinary Violations (Sec. 1290) . . . . . . . . . . . . . . . . . 15

Subtitle H — Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Definitions (Sec. 1291) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Subtitle I — Technical and Conforming Amendments . . . . . . . . . . . . . . . . 15

Conforming Amendments (Sec. 1295) . . . . . . . . . . . . . . . . . . . . . . . . 15

Subtitle J — Economic Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Economic Dispatch (Sec. 1298) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Title XVIII — Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Effect of Electrical Contaminants Unreliability of Energy

Production Systems (Sec. 1822) . . . . . . . . . . . . . . . . . . . . . . . . . 16

Final Action on Refunds for Excessive Charges (Sec. 1824) . . . . . . . 16

Study the Benefits of Economic Dispatch (Sec. 1832) . . . . . . . . . . . . 16

Transmission System Monitoring (Sec. 1839) . . . . . . . . . . . . . . . . . . . 16

Energy Policy Act of 2005, P.L. 109-58:

Electricity Provisions

Introduction

The Energy Policy Act of 2005 (P.L. 109-58), signed by President Bush on

August 8, 2005, was the first omnibus energy legislation enacted in more than a

decade. Major provisions include tax incentives for domestic energy production and

energy efficiency, a mandate to double the nation’s use of biofuels, faster procedures

for energy production on federal lands, and authorization of numerous federal energy

research and development programs. This report describes the electricity provisions.

Title XII — Electricity

Sec. 1201. Short title. This title may be cited as the “Electric Reliability Act

of 2005.”

Subtitle A — Reliability Standards

Summary of Provisions. This subtitle is intended to provide federal

jurisdiction over activities that are required to support reliability of the U.S. bulk

power system. Clarifying the Federal Energy Regulatory Commission’s (FERC)

authority to establish and regulate an electric reliability organization (ERO) is

intended to improve reliability as restructuring of the U.S. bulk power system

proceeds.

Electric Reliability Standards (Sec. 1211). This section requires FERC

to promulgate rules within 180 days of enactment to create a FERC-certified ERO.

The North American Electric Reliability Council (NERC) currently has responsibility

for reliability of the bulk power system. NERC has established reliability guidelines

but has no enforcement authority. Before enactment of P.L. 109-58, the Federal

Power Act1 gave FERC jurisdiction over unbundled transmission and authority to

regulate wholesale rates; however, no authority was provided to regulate reliability.

Under this section, the ERO will develop and enforce reliability standards for the

bulk power system, including cybersecurity protection. All ERO standards will be

approved by FERC. Under this title, the ERO can impose penalties on a user, owner,

or operator of a bulk power system that violates any FERC-approved reliability

standard. In addition, FERC can order compliance with a reliability standard and can

impose a penalty if FERC finds that a user, owner, or operator of a bulk power

1

16 U.S.C. 791a et seq.

CRS-2

system has engaged in or is about to engage in a violation of a reliability standard.

This provision does not give an ERO or FERC authorization to order construction of

additional generation or transmission capacity.

This provision also requires that FERC establish a regional advisory body if

requested by at least two-thirds of the states within a region that have more than half

of their electric load served within that region. The advisory body will be composed

of one member from each participating state in the region, appointed by the governor

of each state, and is able to provide advice to the ERO or FERC on reliability

standards, proposed regional entities, proposed fees, and any other responsibilities

requested by FERC. The entire reliability provision does not apply to Alaska or

Hawaii. The state of New York is authorized to develop rules that would result in

greater reliability for New York, as long as those rules do not result in lower

reliability for neighboring states.

If the penalties employed by the ERO are not successful, then FERC has the

authority to enforce penalties for entities that do not comply with reliability

standards. Establishing this new relationship between FERC and the ERO could

have the potential to improve coordination between market functions and reliability

functions.

Subtitle B — Transmission Infrastructure Modernization

Siting of Interstate Electric Transmission Facilities (Sec. 1221). The

Secretary of Energy is required to conduct a study of electric transmission congestion

every three years. Based on the findings, the Secretary of Energy may designate a

geographic area as being congested. Under certain conditions, FERC is authorized

to issue construction permits. Under new Section 216(d) of the Federal Power Act

(FPA), affected states, federal agencies, Indian tribes, property owners, and other

interested parties will have an opportunity to present their views and

recommendations with respect to the need for, and impact of, a proposed construction

permit. However, there is no requirement for a specific comment period. New FPA

Section 216(e) will allow permit holders to petition in U.S. District Court to acquire

rights-of-way through the exercise of the right of eminent domain. Any exercise of

eminent domain authority would be considered to be takings of private property for

which just compensation is due. New FPA Section 216(g) does not state whether

property owners would be required to reimburse compensation if the rights-of-way

were transferred back to the owner.

An applicant for federal authorization to site transmission facilities on federal

lands could request that the Department of Energy be the lead agency to coordinate

environmental review and other federal authorization. Once a completed application

is submitted, all related environmental reviews are required to be completed within

one year unless another federal law makes that impossible. FPA Section 216(h)

gives the Department of Energy (DOE) new authority to prepare environmental

documents and appears to give DOE additional decision-making authority for rightsof-way and siting on federal lands. This would appear to give DOE input into the

decision process for creating rights-of-way. Review under Section 503 of the Federal

CRS-3

Land Policy and Management Act2 could be streamlined by relying on prior analyses.

If a federal agency has denied an authorization required by a transmission or

distribution facility, the denial could be appealed by the applicant or relevant state to

the President. The President is required to issue a decision within 90 days of the

appeal’s filing. With congressional approval, states may enter into interstate

compacts for the purposes of siting transmission facilities and the Secretary of

Energy could provide technical assistance. This section does not apply to the Electric

Reliability Council of Texas (ERCOT).

Third-Party Finance (Sec. 1222). The Western Area Power Administration

(WAPA) and the Southwestern Power Administration (SWPA) are able either to

continue to design, develop, construct, operate, maintain, or own transmission

facilities within their regions or to participate with other entities for the same

purposes if the Secretary of Energy designates the area as a National Interest Electric

Transmission Corridor and if the facility will reduce congestion or is needed to

accommodate projected increases in demand for transmission capacity. The project

is required to be consistent with the needs identified by the appropriate Regional

Transmission Organization or Independent System Operator. Under certain

circumstances, the Secretary of Energy, acting through WAPA and/or SWPA, may

design, develop, construct, operate, maintain, or own an electric power transmission

facility in the WAPA and SWPA region. No more than $100 million from thirdparty financing may be used during fiscal years 2006 through 2015. Before

enactment, the enabling statutes for power marketing administrations could have

restricted third-party financing, construction, operation, and maintenance of

transmission facilities.3

Advanced Transmission Technologies (Sec. 1223). FERC is directed

to encourage deployment of advanced transmission technologies.

Advanced Power System Technology Incentive Program (Sec.

1224). A program is established to provide incentive payments to owners or

operators of advanced power generation systems. Subject to the availability of funds,

1.8 cents per kilowatt-hour will be paid to the owner or operator of a qualifying

advanced power system technology facility. For facilities that the Secretary of

Homeland Security and the Secretary of Energy determine are “qualifying security

and assured power facilities,” an additional 0.7 cents per kilowatt-hour will be paid

to the owner or operator of such a facility. Under the incentive program, the first

10,000,000 kilowatt-hours produced in any facility in a fiscal year are eligible for the

incentives. Eligible systems include advanced fuel cells, turbines, or hybrid power

systems. For FY2006 through FY2012, an annual appropriation of $10 million is

authorized.

2

43 U.S.C. 1763.

3

16 U.S.C. 460 (SWPA) and 43 U.S.C. 485 (WAPA).

CRS-4

Subtitle C — Transmission Operation Improvements

Open Nondiscriminatory Access (Sec. 1231). FERC is authorized to

require, by rule or order, unregulated transmitting utilities (power marketing

administrations, state entities, and rural electric cooperatives) to charge rates

comparable to what they charge themselves and require that the terms and conditions

of the sales be comparable to those required of other utilities. Before enactment of

P.L. 109-58, under the Federal Power Act (Section 201(f)), federal power marketing

administrations, state entities, and rural electric cooperatives were not subject to

FERC’s rate-making. Under this provision, exemptions are established for utilities

selling less than 4 million megawatt-hours of electricity per year, for distribution

utilities, and for utilities that own or operate transmission facilities that are not

necessary to facilitate a nationwide interconnected transmission system. This

exemption can be revoked to maintain transmission system reliability. FERC is not

authorized to order states or municipalities to take action under this section if such

action would constitute a private use under Section 141 of the Internal Revenue Code

of 1986. FERC may remand transmission rates to an unregulated transmitting utility

if the rates do not comply with this section. FERC is not authorized to order an

unregulated transmitting utility to join a Regional Transmission Organization or other

FERC-approved independent transmission organization. (This section is often

referred to as “FERC-lite.”)

Federal Utility Participation in Regional Transmission

Organizations (Sec. 1232). Federal utilities (power marketing administrations

or the Tennessee Valley Authority) are authorized to participate in regional

transmission organizations. A law allowing federal utilities to study formation and

operation of a regional transmission organization is repealed (16 U.S.C. 824n).

Native Load Service Obligation (Sec. 1233). This section amends the

Federal Power Act to clarify that a load-serving entity is entitled to use its

transmission facilities or firm transmission rights to serve its existing customers

before it is obligated to make its transmission capacity available for other uses.

FERC is not able to change any approved allocation of transmission rights by an

Regional Transmission Organization (RTO) or Independent System Operator (ISO)

approved prior to January 1, 2005. A government entity that owns transmission

facilities used predominantly to support its own water pumping facilities is provided

protections for transmission service to such facilities comparable to protections

provided to load-serving entities. This section does not apply to ERCOT and does

apply to load-serving entities located within the service area of the Tennessee Valley

Authority. Within one year of enactment, FERC is required to issue a rule or order

on long-term transmission rights and organized markets.

Section 201 of the Federal Power Act gives FERC jurisdiction over “the

transmission of electric energy in interstate commerce and the sale of such energy at

wholesale in interstate commerce.” Section 205 of the Federal Power Act prohibits

utilities from granting “undue preference or advantage to any person or subject any

person to any undue prejudice or disadvantage” (16 U.S.C. 824). The new language

of this section is intended to clarify that reserving transmission for existing customers

(native load) is not considered unduly discriminatory.

CRS-5

Study on the Benefits of Economic Dispatch (Sec. 1234). The

Secretary of Energy, in consultation with the states, is required to issue an annual

report to Congress and the states on the current status of economic dispatch.

Economic dispatch is defined as “the operation of generation facilities to produce

energy at the lowest cost to reliably serve consumers, recognizing any operational

limits of generation and transmission facilities.”

Protection of Transmission Contracts in the Pacific Northwest (Sec.

1235). FERC does not have the authority to require electric utilities in the Pacific

Northwest to convert firm transmission rights to tradable or financial rights. The

area of the Pacific Northwest is the region defined in Section 3 of the Pacific

Northwest Electric Power Planning and Conservation Act (16 U.S.C.839a) or a

portion of a state included in the geographic area proposed for a Regional

Transmission Organization in FERC Docket No. RT01-35.

Sense of Congress Regarding Locational Installed Capacity

Mechanism (Sec. 1236). It is the sense of Congress that FERC should carefully

consider the objections of the states to a proposed locational installed capacity

mechanism in New England. The objections include that a locational installed

capacity mechanism would not provide adequate assurance that necessary electric

generation capacity or reliability will be provided and it would impose a high cost on

consumers.

Subtitle D — Transmission Rate Reform

Transmission Infrastructure Investment (Sec. 1241). Within one year

of enactment, FERC is required to establish a rule to create incentive-based,

including performance-based, transmission rates. The rule is to promote reliable and

economically efficient electric transmission and generation, provide for a return on

equity that attracts new investment in transmission, encourage use of technologies

that increase the transfer capacity of existing transmission facilities, and allow for the

recovery of all prudently incurred costs that are necessary to comply with mandatory

reliability standards and those that would result from transmission siting and

construction on a National Interest Electric Transmission Corridor. FERC is directed

to implement incentive rate-making for utilities that join a Regional Transmission

Organization.

Funding New Interconnection and Transmission Upgrades (Sec.

1242). FERC may approve a participant funding plan for new transmission or for

new generator interconnection if the plan results in rates that are just and reasonable,

not unduly discriminatory or preferential, and otherwise consistent with sections 205

and 206 of the Federal Power Act.

CRS-6

Subtitle E — Amendments to the Public Utility Regulatory

Policies Act (PURPA)4

Net Metering and Additional Standards (Sec. 1251). For states that

have not considered implementation and adoption of net metering standards, within

two years of enactment, state regulatory authorities are required to begin considering

whether to implement net metering. This process must be completed within three

years of enactment. Net metering service is defined as service to an electric

consumer under which electric energy generated by that electric consumer from an

eligible on-site generating facility (e.g., solar or small generator) and delivered to

local distribution facilities may be used to offset electric energy provided by the

electric utility to the electric consumer during the applicable billing period. During

the same time frame, states must consider whether to implement a standard to require

electric utilities to develop a plan to minimize dependence on one fuel source. In

addition, states must consider whether to implement a requirement that electric

utilities develop and implement a 10-year plan to increase the efficiency of fossil fuel

generation.

Smart Metering (Sec. 1252). For states that have not considered

implementation and adoption of a smart metering standard, state regulatory

authorities are required issue a decision within 18 months of enactment on whether

to implement a standard for time-based rate schedules for electric utility customers.

Customers using time-based rate schedules must be provided with a time-based meter

capable of allowing utility customer to receive the time-based rate. This section

amends the Public Utility Regulatory Policies Act of 19785 (PURPA) and requires

the Secretary of Energy to provide consumer education on advanced metering and

communications technologies, to identify and address barriers to adoption of demand

response programs, and to issue a report to Congress not later than 180 days after

enactment that identifies and quantifies the benefits of demand response. The

Secretary of Energy must provide technical assistance to regional organizations to

identify demand response potential and to develop demand response programs to

respond to peak demand or emergency needs. FERC is directed to issue an annual

report, by region, to assess demand response resources.

Cogeneration and Small Power Production Purchase and Sale

Requirements (Sec. 1253). Section 210 of PURPA required utilities to purchase

power from qualifying facilities and small power producers at a rate based on the

utilities’ avoided cost, the cost they would have incurred to generate the additional

power themselves, as determined by utility regulators.6 This section repeals the

mandatory purchase requirement under Section 210 of PURPA for new contracts if

FERC finds that a competitive electricity market exists and a qualifying facility has

access to independently administered, auction-based, day-ahead, real-time wholesale

markets and long-term wholesale markets. Qualifying facilities also need to have

access to transmission and interconnection services provided by a FERC-approved

4

P.L. 95-617

5

P.L. 95-617.

6

16 U.S.C. 824a-3.

CRS-7

regional transmission entity that provides nondiscriminatory treatment for all

customers. Ownership limitations under PURPA are repealed.

Background and Analysis. The oil embargoes of the 1970s created

concerns about the security of the nation’s electricity supply and led to enactment of

the Public Utility Regulatory Policies Act of 1978. For the first time, utilities were

required to purchase power from outside sources, or “qualifying facilities.” The

purchase price was set at the utilities’ avoided cost. PURPA was established in part

to augment electric utility generation with more efficiently produced electricity and

to provide equitable rates to electric consumers.

In addition to PURPA, the Fuel Use Act of 1978 (FUA) helped qualifying

facilities (QFs) become established.7 Under FUA, utilities were not permitted to use

natural gas to fuel new generating facilities. QFs, which are by definition not

utilities, were able to take advantage of then-abundant natural gas as well as new

generating technology, such as combined-cycle plants that use hot gases from

combustion turbines to generate additional power. These technologies lowered the

financial threshold for entrance into the electricity generation business and shortened

the lead time for constructing new plants. FUA was repealed in 1987, but by that

time, QFs and small power producers had gained a portion of the total electricity

supply.

This influx of QF power challenged the cost-based rates that previously guided

wholesale transactions. Before implementation of PURPA, FERC approved

wholesale interstate electricity transactions based on the seller’s costs to generate and

transmit the power. Because nonutility generators typically do not have enough

market power to influence the rates they charge, FERC began approving certain

wholesale transactions whose rates were a result of a competitive bidding process.

These rates are called market-based rates.

This first incremental change to traditional electricity regulation started a

movement toward a market-oriented approach to electricity supply. Following the

enactment of PURPA, two basic issues stimulated calls for further change: whether

to encourage nonutility generation and whether to permit utilities to diversify into

nonregulated activities.

The Energy Policy Act of 1992 (EPACT)8 removed several regulatory barriers

for entry into electricity generation to increase competition of electricity supply.

However, EPACT does not permit FERC to mandate that utilities transmit exempt

wholesale generator (EWG) power to retail consumers (commonly called “retail

wheeling” or “retail competition”), an activity that remains under the jurisdiction of

state public utility commissions. PURPA began to shift more regulatory

responsibilities to the federal government, and EPACT continued that shift away

from the states by creating new options for utilities and regulators to meet electricity

demand.

7

P.L. 95-620.

8

P.L. 102-486.

CRS-8

Proponents of the PURPA repeal — primarily investor-owned utilities (IOUs)

located in the Northeast and in California — argued that their state regulators’

“misguided” implementation of PURPA in the early 1980s had forced them to pay

contractually high prices for power they did not need. They argued that, given the

current environment for cost-conscious competition, PURPA was outdated. Investorowned utility interests strongly supported the repeal of Section 210 of PURPA,

contending that PURPA’s mandatory purchase obligation was anticompetitive and

anticonsumer.9

Opponents of mandatory purchase requirement repeal (independent power

producers, industrial power customers, most segments of the natural gas industry, the

renewable energy industry, and environmental groups) had many reasons to support

PURPA as it stood. Mainly, their argument was that PURPA introduced competition

in the electric generating sector and, at the same time, helped promote wider use of

cleaner, alternative fuels to generate electricity. Since the electric-generating sector

is not yet fully competitive, they argued, repealing PURPA would decrease

competition and impede the development of the renewable energy industry.

Additionally, opponents of the PURPA repeal argued that it would result in less

competition and greater utility monopoly control over the electric industry. Some

state regulators had expressed concern that repealing Section 210 would prevent them

from deciding matters currently under their jurisdiction.

Interconnection (Sec. 1254). Each state regulatory authority, if it has not

already done so, and each nonregulated utility must consider establishing an

interconnection standard for on-site generating facilities that request to be connected

to the local distribution facilities. Interconnection services will be offered according

to the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547 for

Interconnecting Distributed Resources with Electric Power Systems. Consideration

of the standard is to commence not later than one year after enactment and be

completed not later than two years after the date of enactment.

Subtitle F — Repeal of the Public Utility Holding Company

Act of 1935 (PUHCA)10

Short Title (Sec. 1261). This subtitle is to be cited as the “Public Utility

Holding Company Act of 2005.”

Definitions (Sec. 1262). This section establishes definitions for the following

terms: affiliate, associate company, commission, company, electric utility company,

exempt wholesale generator and foreign utility company, gas utility company,

holding company, holding company system, jurisdictional rates, natural gas company,

person, public utility, public-utility company, state commission, subsidiary company,

and voting security.

9

U.S. Congress. House of Representatives. The Energy Policy Act of 2005. Hearings

before the Committee on Energy and Commerce, Subcommittee on Energy and Air Quality.

Serial No. 109-1. February 10 and February 16, 2005.

10

15 U.S.C. 79 et seq.

CRS-9

Repeal of the Public Utility Holding Company Act of 1935 (Sec.

1263). The Public Utility Holding Company Act of 1935 (PUHCA) is repealed.

Background and Analysis. In general, PUHCA set forth the structure of

holding companies by prohibiting all holding companies that were more than twice

removed from the operating subsidiaries. It also federally regulated holding

companies of investor-owned utilities and provided for Securities and Exchange

Commission (SEC) regulation of mergers and diversification proposals. Registered

holding companies of subsidiaries were required to have SEC approval prior to

issuing securities; all loans in intercompany financial transactions were regulated by

the SEC. A holding company could have been exempt from PUHCA if its business

operations and those of its subsidiaries occurred within one state or with a contiguous

state.

Historically, electricity service was defined as a natural monopoly, meaning that

the industry has (1) an inherent tendency toward declining long-term costs, (2) high

threshold investment, and (3) technological conditions that limit the number of

potential entrants. In addition, many regulators have considered unified control of

generation, transmission, and distribution as the most efficient means of providing

service. As a result, most people (about 75%) are currently served by a vertically

integrated, investor-owned utility.

As the electric utility industry has evolved, however, there has been a growing

belief that the historic classification of electric utilities as natural monopolies has

been overtaken by events and that market forces can and should replace some of the

traditional economic regulatory structure. For example, the existence of utilities that

do not own all of their generating facilities, primarily cooperatives and publicly

owned utilities, has provided evidence that vertical integration has not been necessary

for providing efficient electric service. Moreover, recent changes in electric utility

regulation and improved technologies have allowed additional generating capacity

to be provided by independent firms rather than utilities.

The Public Utility Holding Company Act and the Federal Power Act of 1935

(Title I and Title II of the Public Utility Act) established a regime of regulating

electric utilities that gave specific and separate powers to the states and the federal

government. A regulatory bargain was made between the government and utilities.

In exchange for an exclusive franchise service territory, utilities must provide

electricity to all users at reasonable, regulated rates.

State regulatory commissions address intrastate utility activities, including

wholesale and retail rate-making. State authority currently tends to be as broad and

as varied as the states are diverse. At the least, a state public utility commission will

have authority over retail rates, and often over investment and debt. At the other end

of the spectrum, the state regulatory body will oversee many facets of utility

operation. Despite this diversity, the essential mission of the state regulator in states

that have not restructured is the establishment of retail electric prices. This is

accomplished through an adversarial hearing process. The central issues in such

cases are the total amount of money the utility will be permitted to collect and how

the burden of the revenue requirement will be distributed among the various

customer classes (residential, commercial, and industrial).

CRS-10

Under the FPA, federal economic regulation addresses wholesale transactions

and rates for electric power flowing in interstate commerce. Federal regulation

follows state regulation and is premised on the need to fill the regulatory vacuum

resulting from the constitutional inability of states to regulate interstate commerce.

In this bifurcation of regulatory jurisdiction, federal regulation is limited and

conceived to supplement state regulation. FERC has the principal functions at the

federal level for the economic regulation of the electric utility industry, including

financial transactions, wholesale rate regulation, transactions involving transmission

of unbundled retail electricity, interconnection and wheeling of wholesale electricity,

and ensuring adequate and reliable service. Before enactment of P.L. 109-58, in

order to prevent a recurrence of the abusive practices of the 1920s (e.g.,

cross-subsidization, self-dealing, pyramiding), SEC regulated utilities’ corporate

structure and business ventures under PUHCA.

The electric utility industry has been in the process of transformation. During

the past two decades, there has been a major change in direction concerning

generation. First, improved technologies have reduced the cost of generating

electricity as well as the size of generating facilities. Prior preference for large-scale

— often nuclear or coal-fired — powerplants has been supplanted by a preference for

small-scale production facilities that can be brought on-line more quickly and

cheaply, with fewer regulatory impediments. Second, technological advances have

lowered the entry barrier to electricity generation and permitted nonutility entities to

build profitable facilities.

One argument for additional PUHCA change was made by electric utilities that

wanted to further diversify their assets. Under PUHCA, a holding company could

acquire securities or utility assets only if the SEC found that such a purchase would

improve the economic efficiency and service of an integrated public utility system.

It was argued that reform to allow diversification would improve the risk profile of

electric utilities in much the same way as in other businesses: the risk of any one

investment is diluted by the risk associated with all investments. Utilities also argued

that diversification would lead to better use of underutilized resources (due to the

seasonal nature of electric demand). Utility holding companies that were exempt

from SEC regulation argued that PUHCA discouraged diversification because the

SEC could have repealed their exempt status if exemption would be “detrimental to

the public interest.”11

State regulators expressed concerns that increased diversification could lead to

abuses, including cross-subsidization — a regulated company subsidizing an

unregulated affiliate. Cross-subsidization was a major argument against the creation

of exempt wholesale generators (EWGs) and reemerged as an argument against

further PUHCA change. In the case of electric and gas companies, nonutility

ventures that are undertaken as a result of diversification may benefit from the

regulated utilities’ allowed rate of return. Moneymaking nonutility enterprises would

contribute to the overall financial health of a holding company. However,

11

U.S. Congress. House of Representatives. The Energy Policy Act of 2005. Hearings

before the Committee on Energy and Commerce, Subcommittee on Energy and Air Quality.

Serial No. 109-1. February 10 and February 16, 2005.

CRS-11

unsuccessful ventures could harm the entire holding company, including utility

subsidiaries. In this situation, opponents feared that utilities would not be penalized

for failure in terms of reduced access to new capital, because they could increase

retail rates.

Several consumer and environmental public interest groups, as well as state

legislators, expressed concerns about the PUHCA repeal. Such groups argued that the

repeal could only exacerbate market power abuses in what they viewed as a

monopolistic industry where true competition does not yet exist.

Federal Access to Books and Records (Sec. 1264). Holding

companies and their affiliates are required to make available to FERC books and

records of affiliate transactions that FERC determines are relevant to costs incurred

by a public utility or natural gas company within the holding company system to

protect ratepayers with respect to FERC jurisdictional rates. Federal officials are

required to maintain confidentiality of such books and records. Before enactment,

registered holding companies and subsidiary companies were required to preserve

accounts, cost-accounting procedures, correspondence, memoranda, papers, and

books that the SEC deemed necessary or appropriate in the public interest or for the

protection of investors and consumers.

State Access to Books and Records (Sec. 1265). A jurisdictional state

commission may make a reasonably detailed written request to a holding company

or any associate company for access to specific books and records. The states must

safeguard against unwarranted disclosure to the public of any trade secrets or

sensitive commercial information. Response to such a request is mandatory.

Compliance with this section is enforceable in U.S. District Court. This section does

not apply to an entity that is considered to be a holding company solely by reason of

ownership of one or more qualifying facilities.

Before enactment, the Federal Power Act allowed state commissions to examine

the books, accounts, memoranda, contracts, and records of a jurisdictional electric

utility company, an exempt wholesale generator that sells to such electric utility, and

an electric utility company or holding company that is an associate company or

affiliate of an exempt wholesale generator. In issuing such an order for information,

a state commission was not required to specify which books, accounts, memoranda,

contracts, and records it was requesting.

Exemption Authority (Sec. 1266). FERC is directed to promulgate rules

within 90 days from the effective date of this section to exempt qualifying facilities,

exempt wholesale generators, and foreign utilities from the federal access to books

and records provision (Section 1264). FERC is also required to exempt books,

accounts, memoranda, and other records that are not relevant to the jurisdictional

rates of a public utility or natural gas company. Any class of transactions that is not

relevant to the jurisdictional rates of a public utility or natural gas company is also

exempt.

Affiliate Transactions (Sec. 1267). FERC retains the authority to prevent

cross-subsidization and to assure that jurisdictional rates are just and reasonable.

FERC and state commissions retain jurisdiction to determine whether associate

CRS-12

company activities could be recovered in rates. Before enactment of the new energy

law, the Federal Power Act required that jurisdictional rates were just and reasonable

and prohibited cross-subsidization.12

Applicability (Sec. 1268). Except as specifically noted, this subtitle does not

apply to the U.S. government, a state, or any political subdivision of the state, or

foreign governmental authority operating outside the United States.

Effect on Other Regulations (Sec. 1269). FERC or state commissions are

not precluded from exercising their jurisdiction under otherwise applicable laws to

protect utility customers.

Enforcement (Sec. 1270). FERC is given the authority to enforce

provisions under sections 306-317 of the Federal Power Act. Before enactment, the

Securities and Exchange Commission had the authority to investigate and enforce

provisions of the Public Utility Holding Company Act of 1935.

Savings Provisions (Sec. 1271). Persons may continue to participate in

legal activities in which they have been engaged or are authorized to engage in on the

effective date of this act. This subtitle would not limit the authority of FERC under

the Federal Power Act or the Natural Gas Act.13 Tax treatment for exchanges of

stock or securities under section 1081 of the Internal Revenue Service Code,

Nonrecognition of Gain or Loss on Exchanges or Distributions in Obedience to

Orders of the SEC, is not affected due to the repeal of PUHCA.

Implementation (Sec. 1272). Not later than four months after enactment,

FERC is required to promulgate regulations necessary to implement this subtitle

(excluding section 1265, which relates to state access to books and records) and

submit to Congress recommendations for technical or conforming amendments to

federal law necessary to carry out this subtitle.

Transfer of Resources (Sec. 1273). The Securities and Exchange

Commission is required to transfer all applicable books and records to FERC.

Effective Date (Sec. 1274). Six months after enactment, this subtitle will

take effect. This effective date does not apply to Section 1282 (implementation). If

any FERC rule-making that modifies the standards of conduct governing entities that

own, operate, or control facilities for transmission of electricity in interstate

commerce or transportation of natural gas in interstate commerce takes effect prior

to the effective date of this section, any action taken by a public utility company or

utility holding company to comply with the FERC requirements will not subject these

companies to any regulatory requirement under PUHCA.

Service Allocation (Sec. 1275). FERC is required to review and authorize

cost allocations for nonpower goods or administrative or management services

provided by an associate company that was organized specifically for the purpose of

12

16 U.S.C. 791a et seq.

13

15 U.S.C. 717 et seq.

CRS-13

providing such goods or services. This section does not preclude FERC or state

commissions from exercising their jurisdiction under other applicable laws with

respect to review or authorization of any costs. FERC is required to issue rules

within four months of enactment to exempt from the section any company and

holding company system if operations are confined substantially to a single state.

Authorization of Appropriations (Sec. 1276). Necessary funds to carry

out this subtitle are authorized to be appropriated.

Conforming Amendments to the Federal Power Act (Sec. 1277). The

Federal Power Act is amended to reflect the changes to the Public Utility Holding

Company Act of 1935.

Subtitle G — Market Transparency, Enforcement, and

Consumer Protection

Electricity Market Transparency (Sec. 1281). FERC is directed to

facilitate price transparency in wholesale electric markets. FERC may prescribe rules

to provide on a timely basis information about the availability and prices of

wholesale electric energy and transmission service to FERC, state commissions,

buyers and sellers of wholesale electric energy, users of transmission services, and

the public. FERC is directed to rely on existing price publishers and providers of

trade processing services the maximum extent possible. However, FERC may

establish an electronic information system if it determines that existing price

information is not adequate. Any rules promulgated by FERC will exempt from

disclosure any information that would be detrimental to the operation of an effective

market or jeopardize system security. Within 180 days of enactment, FERC must

enter into a memorandum of understanding (MOU) with the Commodity Futures

Trading Commission to ensure coordination of information requests to markets.

Entities with a de minimis market presence are not required to comply with the

reporting requirements of the section. No one will be subject to civil penalties for

any violation of the reporting requirements that occur more than three years before

the date on which the person has provided notice of the proposed penalty. This

would not apply to entities that have engaged in fraudulent market manipulation

activities. The section does not apply to the area of the Electric Reliability Council

Texas.

False Statements (Sec. 1282). The Federal Power Act is amended to

expressly prohibit any entity from willingly and knowingly reporting false

information to a federal agency relating to the price of electricity sold at wholesale

or the availability of transmission capacity.

Existing mail fraud laws, in part, apply to use of the mail for the purpose of

executing, or attempting to execute, a scheme or artifice to defraud, or for obtaining

money or property by false or fraudulent pretenses, representations, or promises.

Wire fraud statutes cover use of wire, radio, or television communication in interstate

or foreign commerce to transmit or to cause to be transmitted, any writings, science,

signals, pictures, or sounds for the purpose of executing a scheme or artifice to

CRS-14

defraud, or to obtain money or property by means of false or fraudulent pretenses,

representations, or promises.

Market Manipulation (Sec. 1283). Amends the Federal Power Act to

expressly prohibit any entity, in connection with the purchase or sale of FERC

jurisdictional electric energy or transmission services, from directly or indirectly

using any manipulative or deceptive device or contrivance.

Enforcement (Sec. 1284). The Federal Power Act is amended to allow

electric utilities to file complaints with FERC and to allow complaints to be filed

against transmitting utilities. Criminal and civil penalties under the Federal Power

Act are increased. Criminal penalties may not exceed $1 million and/or five years’

imprisonment. In addition, a fine of $25,000 may be imposed. A civil penalty not

exceeding $1 million per day per violation may be assessed for violations of sections

211, 212, 213, or 214 of the Federal Power Act. Before enactment of the new energy

law, criminal penalties could not have exceeded $5,000 and/or two years’

imprisonment. An additional fine of $500 could have been imposed. A civil penalty

not exceeding $10,000 per day per violation could have been assessed for violations

of sections 211, 212, 213, or 214 of the Federal Power Act.

Refund Effective Date (Sec. 1285). Section 206(b) of the Federal Power

Act is amended to allow the effective date for refunds to begin at the time of the

filing of a complaint with FERC, but not later than five months after such a filing.

If FERC does not make its decision within the time frame provided, FERC would be

required to state its reasons for not acting in the provided time frame for the decision.

Refund Authority (Sec. 1286). Any entity that is not a public utility

(including an entity referred to under Section 201(f) of the Federal Power Act) and

enters into a short-term sale of electricity is subject to the FERC refund authority. A

short-term sale includes any agreement to the sale of electric energy at wholesale that

is for a period of 31 days or less. This section does not apply to electric cooperatives

or any entity that sells less than 8 million megawatt-hours of electricity per year.

FERC is given refund authority over voluntary short-term sales of electricity by

Bonneville Power Administration if the rates charged are unjust and unreasonable.

FERC is given authority over all power marketing administrations and the Tennessee

Valley Authority to order refunds to achieve just and reasonable rates. Before

enactment, Section 201(f) of the Federal Power Act exempted government entities

from FERC rate regulation.

Consumer Privacy and Unfair Trade Practices (Sec. 1287). The

Federal Trade Commission is authorized to issue rules to prohibit slamming and

cramming. Slamming occurs when an electric utility switches a customer’s electric

provider without the consumer’s knowledge. Cramming occurs when an electric

utility adds additional services and charges to a customer’s account without

permission of the customer. If the Federal Trade Commission determines that a

state’s regulations provide equivalent or greater protection, then the state regulations

would apply in lieu of regulations issued by the Federal Trade Commission.

Authority of Court to Prohibit Individuals from Serving As Officers,

Directors, and Energy Traders (Sec. 1288). The court is allowed to prohibit

CRS-15

any person who is found to have violated Section 221 of the Federal Power Act

(Prohibition on Filing False Information) from acting as an officer or director of an

electric utility or engaging in the business of purchasing or selling FERC

jurisdictional electric energy or transmission services.

Merger Review Reform (Sec. 1289). The Federal Power Act is amended

to give FERC approval authority over the acquisition of securities and the merger,

sale, lease, or disposition of facilities under FERC’s jurisdiction with a value in

excess of $10 million. FERC is required to give state public utility commissions and

governors reasonable notice in writing of the acquisition of securities and the

merger, sale, lease, or disposition of facilities under FERC’s jurisdiction. FERC

must approve the proposed change of control, acquisition, disposition, or

consolidation if it finds that the proposed transaction is consistent with the public

interest and will not result in cross-subsidization of a nonutility associate company

or the pledge or encumbrance of utility assets for the benefit of an associate company,

unless it is consistent with the public interest. If FERC does not act within 180 days

of an application, the application will be deemed granted unless FERC finds that

further consideration is required. This section takes effect six months after

enactment. Before enactment, under section 203(a) of the Federal Power Act, FERC

review of asset transfers applied to transactions valued at $50,000 or more.

Relief for Extraordinary Violations (Sec. 1290). This section applies to

contracts for wholesale electricity within the Western Interconnection prior to June

20, 2001, for which FERC has found that the wholesale power sellers manipulated

that electricity market, resulting in unjust and unreasonable rates, and FERC has

revoked the seller’s authority to sell at market-based rates. For these contracts, FERC

may determine whether termination payments for power not delivered by the seller

are unlawful on the grounds that the contract is unjust and unreasonable or contrary

to the public interest. This applies only to cases still pending before FERC and not

previously settled.

Subtitle H — Definitions

Definitions (Sec. 1291). The definitions for electric utility and transmitting

utility under the Federal Power Act are amended. Definitions for the following terms

are added to the Federal Power Act: electric cooperative, regional transmission

organization, independent system operator, and transmission organization.

Section 201(f) of the Federal Power Act is amended to add that, in addition to

a political subdivision of a state, an electric cooperative that receives financing under

the Rural Electrification Act of 1936 or an electric cooperative that sells less than

4,000,000 MW-hours of electricity per year is not subject to FERC rate regulation.

Subtitle I — Technical and Conforming Amendments

Conforming Amendments (Sec. 1295).

amended to conform with this section.

The Federal Power Act is

CRS-16

Subtitle J — Economic Dispatch

Economic Dispatch (Sec. 1298). FERC is directed to convene regional

boards to study “security constrained economic dispatch.” A member of FERC will

chair each regional joint board, composed of a representative from each state. Within

one year of enactment, FERC is required to submit a report to Congress on the

recommendations of the joint regional boards. This section does not define “security

constrained economic dispatch,” but it generally means a dispatch system that

ensures that all normal and contingency limits of the system are simultaneously met

under a base case with one contingency: the loss of a critical network element (n-1

security analysis).

Title XVIII — Studies

Effect of Electrical Contaminants Unreliability of Energy Production

Systems (Sec. 1822). Within 180 days after enactment, the Secretary of Energy

will enter into a contract with the National Academy of Sciences (Academy), under

which the Academy will determine the effect that electrical contaminants may have

on the reliability of energy production systems, including nuclear energy.

Final Action on Refunds for Excessive Charges (Sec. 1824). FERC

is directed to complete its investigation into the unjust and unreasonable charges

incurred by California during the 2000-2001 electricity crisis. A report to Congress

will be submitted by December 31, 2005, that describes FERC’s actions and a

timetable for further actions. This was submitted to Congress on December 27,

2005.14

Study the Benefits of Economic Dispatch (Sec. 1832). The Secretary

of Energy, in consultation with the states, must study economic dispatch and issue

an annual report to Congress and the states. Economic dispatch is defined as “the

operation of generation facilities to produce energy at the lowest cost to reliably serve

consumers, recognizing any operational limits of generation and transmission

facilities.”

Transmission System Monitoring (Sec. 1839). Within six months after

enactment, the Secretary of Energy and FERC will study and report to Congress on

what would be involved in providing all transmission system owners and Regional

Transmission Organizations with real-time transmission line operating status.

14

This report is available at [http://www.ferc.gov/legal/maj-ord-reg/fed-sta/ene-pol-act.asp].

Website last checked by CRS on January 24, 2006.

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

copyright on any CRS report we have republished.