S.Amdt. 85

SA 85. Ms. CANTWELL (for herself, Mr. Ensign, and Mrs. Murray) submitted an amendment intended to be proposed by her to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; which was ordered to lie on the table; as follows:

On page 407, line 5, strike the period and insert the following: ; and

(3) by adding at the end the following: “Notwithstanding any other provision of this title, contractual rights do not permit a trustee to collect any termination payment, fee, or charge under a terminated contract for the sale of electricity if a governmental agency having jurisdiction over the debtor's wholesale sales of electricity in the interstate market has made a finding that the debtor engaged in manipulation of the electricity market and revoked the debtor's authority to make any market based sales of electricity. The preceding sentence shall take effect on the date of enactment of that sentence and shall be applicable to any termination payment, fee, or charge that has not yet been determined pursuant to a final, non-appealable order to be owed to the debtor.”.