Section 1 Short title
This Act may be cited as the “Energy Consumer Protection Act of 2023”.
Energy Consumer Protection Act of 2023
A BILL
To amend the Federal Power Act and the Natural Gas Act with respect to the enforcement of certain provisions, and for other purposes.
Sec. 2 Prohibitions and suspensions for violations
Amendments to the Federal Power Act—
Enforcement of certain provisions— Section 316A of the Federal Power Act (16 U.S.C. 825o–1) is amended by adding at the end the following:
“(c) Prohibition or suspension for violations—The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 221 or 222 (and related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling—
“(1) electric energy;
“(2) electric energy products, including financial transmission rights; or
“(3) transmission services subject to the jurisdiction of the Commission.”
in the matter preceding paragraph (1)—
by striking “individual” and inserting “person”; and
by inserting “or 222” after “section 221”;
in paragraph (1), by inserting “with respect to a person who is an individual,” before “acting”; and
in paragraph (2)—
in the matter preceding subparagraph (A), by inserting “, directly or indirectly,” after “engaging”;
in subparagraph (A), by striking “; or” and inserting a semicolon;
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following:
“(B) electric energy products, including financial transmission rights; or”
Amendments to Natural Gas Act—
Prohibition on filing false information— The Natural Gas Act (15 U.S.C. 717 et seq.) is amended by inserting after section 4A the following:
“4B. Prohibition on filing false information
“No person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting.”
Civil penalty authority— Section 22 of the Natural Gas Act (15 U.S.C. 717t–1) is amended by adding at the end the following:
“(d) Prohibition or suspension for violations—The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 4A or 4B (including related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling—
“(1) natural gas; or
“(2) transmission services subject to the jurisdiction of the Commission.”
in the matter preceding paragraph (1), by striking “individual” and inserting “person”;
in paragraph (1), by inserting “with respect to a person who is an individual,” before “acting”; and
in paragraph (2), in the matter preceding subparagraph (A), by inserting “, directly or indirectly,” after “engaging”.