H.R. 5751 — CPUC Act

This section adds a new standard (paragraph (22)) to the list of ratemaking standards under section 111(d) of the Public Utility Regulatory Policies Act of 1978 (PURPA) that each state regulatory authority (for electric utilities over which it has ratemaking authority) and each nonregulated electric utility must consider and determine whether to implement. (As background: PURPA section 111 requires states to consider specified standards related to electric utility planning, rates, and operations to promote energy efficiency, renewables, and consumer protections, with implementation at state discretion consistent with otherwise applicable state law.) The new standard requires public disclosure on the state regulatory authority's website of each meeting between (i) an employee or board member of the authority and (ii) a lobbyist, executive, or other representative of an electric utility. It further requires states to make this consideration and determination (1) in accordance with PURPA section 111(a) and (b) without regard to any prior proceedings (notwithstanding PURPA sections 112(a)(1)-(2) and 124) and (2) not later than one year after enactment (notwithstanding PURPA section 112(b)-(c)).