Ed Whitfield: “As we begin consideration of this legislation, I thank the gentleman from Massachusetts (Mr. Kennedy) for bringing this…”

“As we begin consideration of this legislation, I thank the gentleman from Massachusetts (Mr. Kennedy) for bringing this matter to the attention of our committee. The Federal Power Act sets forth processes to set rates for electricity, including opportunities for the public to protest a rate change filed with FERC. New rates take effect if FERC approves them or if FERC fails to issue an order approving or denying the filed rate within 60 days. The failure to approve or deny a rate may result from agency delay or, in some limited cases, from a vote that results in a deadlocked Commission, for example, a 2-2 vote. In such cases, the rates become effective by operation of law even when these rates were not approved by a majority of Commissioners. The Federal Power Act provides administrative redress for members of the public to protest Commission rate decisions. However, if these rates become effective by operation of law--for example, a deadlock, 2- 2--the administrative processes are not available to the public because FERC did not actually issue an order for the public to protest. The public literally gets shut out. I don't want to speak for the gentleman from Massachusetts, but I think some of his constituents recently experienced this firsthand. As a result of that and of the hard work of Mr.…”