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S. 186Senate115th Congress (2017-2019)Passed Senate

Fair RATES Act

Sponsored by Edward J. MarkeySen. Edward J. Markey (D-MA)
Introduced January 23, 2017

AI-Generated Summary

Updated April 15, 2026 at 12:00 PM UTC

The Fair RATES Act changes the Federal Power Act so that when FERC cannot reach a decision on a rate change because its members are evenly split, the lack of action is counted as an order approving the rate change. This ensures that ratepayers and utilities have a clear path for rehearing and court review even when the commission is deadlocked.

Key Provisions

  • If the Federal Energy Regulatory Commission (FERC) cannot act on a proposed rate change because its five members are split 2‑2 (due to a vacancy, incapacity, or recusal), the commission’s failure to act will be treated as an official order that accepts the rate change.
  • When this “inaction order” occurs, FERC must add to the case record the proposed order, a notice that the commissioners are divided, and a written statement from each commissioner explaining their view.
  • If a party requests a rehearing of the decision and FERC again fails to act within 30 days because of the same 2‑2 split, that party may appeal the matter to the courts.

Legislative Activity

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9 earlier actions
HouseFloor Latest Action

Held at the desk.

September 5, 2018 • 3:12 PM

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SenateIntro Referral

Introduced in Senate

January 23, 2017

SenateIntro Referral

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

Energy and Natural Resources Committee

January 23, 2017

SenateCommittee

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

Energy Subcommittee

October 3, 2017

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment favorably.

Energy and Natural Resources Committee

March 8, 2018

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment. With written report No. 115-278.

Energy and Natural Resources Committee

June 18, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 469.

June 18, 2018

SenateFloor

Passed Senate with an amendment by Voice Vote. (consideration: CR S6031-6032; text CR S6031-6032)

September 4, 2018

SenateFloor

Message on Senate action sent to the House.

September 5, 2018

HouseFloor

Received in the House.

September 5, 2018 • 12:09 PM

HouseFloor

Held at the desk.

September 5, 2018 • 3:12 PM

Floor Debate

1 member

What members said about S. 186 on the floor

1 Republican
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,…

Record
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.

Record

Bill Text

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Engrossed in SenateIssued September 4, 2018

115th CONGRESS

2d Session

S. 186

AN ACT

To amend the Federal Power Act to provide that any inaction by the Federal Energy Regulatory Commission that allows a rate change to go into effect shall be treated as an order by the Commission for purposes of rehearing and court review.

1.

Short title

This Act may be cited as the Fair Ratepayer Accountability, Transparency, and Efficiency Standards Act or the Fair RATES Act.

2.

Amendment to the Federal Power Act

Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by adding at the end the following:

(g)

Inaction of Commissioners

(1)

In general

If the Commission permits the expiration of the 60-day period established under the first sentence of subsection (d) because the members of the Commission are divided two against two as to the lawfulness of the change, as a result of vacancy, incapacity, or recusal on the Commission—

(A)

the failure to act by the Commission shall be considered to be an order issued by the Commission accepting the change for purposes of section 313(a); and

(B)

there shall be added to the record of the proceeding of the Commission—

(i)

the proposed order;

(ii)

notice of the division of the Commissioners with respect to the proposed order; and

(iii)

the written statement of each member of the Commission explaining the views of the Commissioner with respect to the proposed order.

(2)

Appeal

If any party to a proceeding of the Commission described in paragraph (1) seeks a rehearing under section 313(a) and the Commission fails to act on the merits of the rehearing request by the date that is 30 days after the date of the rehearing request because the members of the Commission are divided two against two, as a result of vacancy, incapacity, or recusal on the Commission, any party that sought the rehearing may appeal under section 313(b).

.

Passed the Senate September 4, 2018.

Secretary