S.Amdt. 1466

1. Inserts new text at the end of the bill

   Inserts

   In S. 14 · Placed on Calendar Senate

   (c) Section 315 of the Federal Power Act (16 U.S.C. 825n) is amended by striking "subsection" and inserting "section".

   Inserted: TITLE____--MISCELLANEOUS

   Inserted: SEC. ____. FERC RULES REGARDING EX PARTE COMMUNICATIONS.

   Inserted: (a) Existing Rule.--Section 385.2201 of title 18, United States Code, is vacated.

   Inserted: (b) Standards of Conduct.--Part I of the Federal Power Act is amended by inserting after the first section (16 U.S.C. 792) the following:

   Inserted: "SEC. 1A. STANDARDS OF CONDUCT.

   Inserted: "(a) Ex Parte Communications.--Unless required for the disposition of ex parte matters authorized by law, members of the commission or administrative law judges assigned to render a decisions or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of law or fact with any agency, person, party, or their representatives, except on notice and opportunity for all parties to participate. Members of the commission or administrative law judges assigned to render a decision or to make findings of fact or conclusions of law in a contested case may communicate ex parte with employees of the commission who have not participated in any hearing in the case for the purpose of utilizing the special skills or knowledge of the commission and its staff in evaluating the evidence.

   Inserted: "(b) Standards for Recusal of Commissioners.--A commissioner shall recuse himself or herself from sitting in a proceeding, or from deciding one or more issues in a proceeding, in which any one or more of the following circumstances exist:

   Inserted: "(1) the commissioner in fact lacks impartiality, or the commissioner's impartiality has been reasonably questioned;

   Inserted: "(2) the commissioner, or any relative of the commissioner, is a party or has a financial interest in the subject matter of the issue or in one of the parties, or the commissioner has any other interest that could be substantially affected by the determination of the issue; or

   Inserted: "(3) the commissioner or a relative of the commissioner has participated as counsel, advisor, or witness in the proceeding or matter in controversy.

   Inserted: "(c) Motions for Disqualification or Recusal of a Commissioner.--

   Inserted: "(1) Any party may move for disqualification or recusal of a commissioner stating with particularity grounds why the commissioner should not sit. Such a motion must be filed prior to the date the commission is scheduled to consider the matter unless the information upon which the motion is based was not known or discoverable with reasonable effort prior to that time. The grounds may include any disability or matter not limited to those set forth in subsection (d) of this section. The motion shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall be verified by affidavit.

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   Inserted: "(2) Subject to the provisions of paragraph (1) of this subsection the motion shall be filed within 10 working days after the facts that are the basis of the motion become know to the party or within 15 days of the commencement of the proceeding, whichever is later. The motion shall be served on all parties by hand delivery, facsimile transmission, or overnight courier delivery.

   Inserted: "(3) Parties may file written responses to the motion within 7 working days from the date of filing the motion. The commission may require that responses be made orally at an open meeting.

   Inserted: "(4) The commissioner sought to be disqualified shall issue a decision as to whether he or she agrees that recusal or disqualification is appropriate or required before the commission is scheduled to act on the matter for which recusal is sought, or within 15 days after filing of the motion, whichever occurs first.

   Inserted: "(5) The parties to a proceeding may waive any ground for recusal or disqualification after it is fully disclosed on the record, either expressly or by their failure to take action on a timely basis.

   Inserted: "(6) Recusal or disqualification of a commission in and of itself has no effect upon the validity of rulings made or orders issued prior to the time the motion for recusal was filed."

   Original wording

   At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed