H.R. 1109House115th Congress (2017-2019)Enacted

To amend section 203 of the Federal Power Act.

Introduced February 16, 2017

AI-Generated Summary

Updated April 15, 2026 at 1:05 PM UTC

H.R. 1109 changes the Federal Power Act to clarify when a public utility can merge or consolidate its facilities. It sets a $10 million value threshold for such mergers and requires utilities that merge facilities worth more than $1 million to notify the Federal Energy Regulatory Commission within 30 days after the deal closes. The bill also directs the Commission to issue the notification rule within 180 days and to report to Congress within two years on how the changes affect the industry.

Key Provisions

  • Amends Section 203(a)(1)(B) to allow mergers of facilities valued over $10 million, removing the previous wording.
  • Requires the Commission, within 180 days, to adopt a rule that any utility merging facilities worth more than $1 million must notify the Commission within 30 days after the transaction is completed, unless an order under the new merger rule is needed.
  • Mandates that the notification rule be designed to minimize paperwork burdens.
  • Sets the amendment’s effective date to 180 days after enactment.
  • Orders the Commission to submit a report to Congress within two years assessing the impact of the merger amendment, using data collected under the new notification requirement and allowing public comment.

Legislative Activity

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27 earlier actions
Became Law Latest Action

Became Public Law No: 115-247.

September 28, 2018

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HouseIntro Referral

Introduced in House

February 16, 2017

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 16, 2017

HouseCommittee

Referred to the Subcommittee on Energy.

February 17, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 7, 2017

HouseCommittee

Ordered to be Reported by Unanimous Consent.

June 7, 2017

HouseCommittee

Subcommittee on Energy Discharged.

June 7, 2017

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 115-167.

June 12, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 112.

June 12, 2017

HouseFloor

Mr. Upton moved to suspend the rules and pass the bill.

June 12, 2017 • 4:04 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4827-4828)

June 12, 2017 • 4:04 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1109.

June 12, 2017 • 4:04 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H4827)

June 12, 2017 • 4:09 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4827)

June 12, 2017 • 4:09 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 12, 2017 • 4:09 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

June 13, 2017

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Energy. Hearings held. With printed Hearing: S.Hrg. 115-318.

October 3, 2017

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 8, 2018

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute. With written report No. 115-253.

May 21, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 420.

May 21, 2018

SenateFloor

Passed Senate with an amendment by Voice Vote. (consideration: CR S6031-6032; text of amendment in the nature of a substitute: CR S6031)

September 4, 2018

SenateFloor

Message on Senate action sent to the House.

September 5, 2018

HouseFloor

Mr. Goodlate asked unanimous consent to take from the Speaker's table and agree to the Senate amendment. (consideration: CR H8245-8246)

September 13, 2018 • 4:02 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.(text of Senate amendment: CR H8245-8246)

September 13, 2018

HouseResolving Differences

On motion that the House agree to the Senate amendment Agreed to without objection. (text of Senate amendment: CR H8245-8246)

September 13, 2018 • 4:02 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

September 13, 2018 • 4:02 PM

President

Presented to President.

September 18, 2018

Became Law

Signed by President.

September 28, 2018

Became Law

Became Public Law No: 115-247.

September 28, 2018

Floor Debate

4 members

What members said about H.R. 1109 on the floor

3 Republicans1 Democrat
Diana DeGette
Rep. Diana DeGetteD-CO-1 · Jun 12, 2017

Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 1109, sponsored by Representatives Walberg and Dingell, which would add a $10 million threshold to trigger FERC…

Fred Upton
Rep. Fred UptonR-MI-6 · Jun 12, 2017

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1109) to amend section 203 of the Federal Power Act. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jun 12, 2017

Mr. Speaker, I thank my colleague and friend from Michigan, the chairman of the Energy Subcommittee, as well as the ranking member of the subcommittee for this opportunity. I also want to start off…

Mitch McConnell
Sen. Mitch McConnellR-KY · Sep 4, 2018

Mr. President, I ask unanimous consent that the committee-reported amendments be agreed to, the bills, as amended, be considered read a third time en bloc. I know of no further debate on the bills,…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Sep 13, 2018

Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (H.R. 1109) to amend section 203 of the Federal Power Act, with the Senate amendment thereto, and concur in the Senate…

Show 1 more
Mitch McConnell
Sen. Mitch McConnellR-KY · Sep 4, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of the following calendar bills en bloc: Calendar No. 420, H.R. 1109 and Calendar No. 469, S. 186.

Bill Text

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One Hundred Fifteenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

H. R. 1109

AN ACT

To amend section 203 of the Federal Power Act.

1.

Clarification of facility merger authorization

Section 203(a)(1) of the Federal Power Act (16 U.S.C. 824b(a)(1)) is amended by striking subparagraph (B) and inserting the following:

(B)

merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with the facilities of any other person, or any part thereof, that are subject to the jurisdiction of the Commission and have a value in excess of $10,000,000, by any means whatsoever;

.

2.

Notification for certain transactions

Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) is amended by adding at the end the following new paragraph:

(7)
(A)

Not later than 180 days after the date of enactment of this paragraph, the Commission shall promulgate a rule requiring any public utility that is seeking to merge or consolidate, directly or indirectly, its facilities subject to the jurisdiction of the Commission, or any part thereof, with those of any other person, to notify the Commission of such transaction not later than 30 days after the date on which the transaction is consummated if—

(i)

the facilities, or any part thereof, to be acquired are of a value in excess of $1,000,000; and

(ii)

such public utility is not required to secure an order of the Commission under paragraph (1)(B).

(B)

In establishing any notification requirement under subparagraph (A), the Commission shall, to the maximum extent practicable, minimize the paperwork burden resulting from the collection of information.

.

3.

Effective date

The amendment made by section 1 shall take effect 180 days after the date of enactment of this Act.

4.

Federal Energy Regulatory Commission report

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to Congress a report that assesses the effects of the amendment made by section 1.

(b)

Requirements

In preparing the report under subsection (a), the Federal Energy Regulatory Commission shall—

(1)

take into account any information collected under paragraph (7) of section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) (as added by section 2); and

(2)

provide for public notice and comment with respect to the report.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.