Section 1 Short title
This Act may be cited as the “Stop PG&E Price Gouging During Emergencies Act”.
Stop PG&E Price Gouging During Emergencies Act
A BILL
To prohibit natural gas price gouging after a disaster, and for other purposes.
Sec. 2 Prohibition on unconscionable pricing of natural gas during a major disaster declaration
For the duration of a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and for 1 year after the end of such major disaster, it shall be unlawful for any utility company to charge a rate for the sale of natural gas, at wholesale or at retail, in any county to which the declaration applies that, as determined by the Federal Trade Commission, in collaboration with the Federal Energy Regulatory Commission—
is unconscionably excessive; and
indicates that the utility company is taking unfair advantage of the circumstances related to the declaration of a major disaster to increase prices unreasonably.
Sec. 3 Enforcement by the Federal Trade Commission
Enforcement by FTC— A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce a violation of section 2 in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning utility companies with total United States wholesale or retail sales of natural gas in excess of $2,000,000,000 per year.
Civil penalties—
In general— Notwithstanding the penalties set forth under the Federal Trade Commission Act, any utility company that knowingly violates section 2 shall be subject to—
a civil penalty of not more than 3 times the amount of profits gained by such utility company through such violation; or
a civil penalty of not more than $100,000,000 total.
Method— The penalties under paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
Multiple offenses; mitigating factors— In assessing the penalty provided by paragraph (1)—
each day of a continuing violation shall be considered a separate violation; and
the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the utility company committing the violation to remedy the harm caused by the violation in a timely manner.
Sec. 4 Criminal penalties
In general— In addition to any penalty applicable under section 3, any utility company that violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000.
Enforcement— The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General.
Sec. 5 Enforcement at retail level by State attorneys general
In general— An attorney general of a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act, involving a retail sale.
Notice— The attorney general of a State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action.
Limitation on State action while Federal action is pending— If the Federal Trade Commission or the Federal Energy Regulatory Commission has initiated a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the Federal Energy Regulatory Commission for any violation of this Act alleged in the complaint.
Rules of construction—
Civil action— For purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Enforcement of State law— Nothing in this section shall be construed to prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State.
Sec. 6 Effect on other laws
Other authority of Federal Trade Commission— Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission’s authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law.
State law— Nothing in this Act preempts any State law.
Sec. 7 Definitions
In this Act:
Natural gas— The term natural gas has the meaning given that term in section 2 of the Natural Gas Act (15 U.S.C. 717a).
Utility company— The term utility company means a gas utility company or a public-utility company, as such terms are defined in section 1262(7) of the Public Utility Holding Company Act of 2005 (42 U.S.C. 16451).