On the recordMarch 13, 2001
I ask unanimous consent reading of the amendment be dispensed. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: (Purpose: To provide for the nondischargeability of debts arising from the exchange of electric energy) After section 419, insert the following: SEC. 420. NONDISCHARGEABILITY OF DEBTS ARISING FROM THE EXCHANGE OF ELECTRIC ENERGY. (a) In General.--Section 1141(d) of title 11, United States Code, as amended by this Act, is amended by adding at the end the following: ``(6) The confirmation of a plan does not discharge a debtor-- ``(A) in the case of a debtor that is a corporation, from any debt for wholesale electric power received that is incurred by that debtor under an order issued by the Secretary of Energy (or any amendment of or attachment to that order) under section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) and requested by the California Independent System Operator; or ``(B) in the case of debt owed to a Federal, State, or local government agency named in an order referred to in subparagraph (A) for wholesale electric power received by the debtor except to the extent the rate charged for power traded by the California Power Exchange delivered to the California Independent System Operator is determined by the Federal Energy Regulatory Commission to be unjust and immeasurable, in which case this subpargraph should only apply to debt for the actual cost of production and distribution of energy.''.…
Source
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