S1410-118

1. Short title This Act may be cited as the Energy Consumer Protection Act of 2023.

2. Prohibitions and suspensions for violations Section 316A of the Federal Power Act (16 U.S.C. 825o–1) is amended by adding at the end the following: The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 221 or 222 (and related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— electric energy; electric energy products, including financial transmission rights; or transmission services subject to the jurisdiction of the Commission. Section 314(d) of the Federal Power Act (16 U.S.C. 825m(d)) is amended— in the matter preceding paragraph (1)— by striking individual and inserting person; and by inserting or 222 after section 221; in paragraph (1), by inserting with respect to a person who is an individual, before acting; and in paragraph (2)— in the matter preceding subparagraph (A), by inserting , directly or indirectly, after engaging; in subparagraph (A), by striking ; or and inserting a semicolon; by redesignating subparagraph (B) as subparagraph (C); and by inserting after subparagraph (A) the following: electric energy products, including financial transmission rights; or The Natural Gas Act (15 U.S.C. 717 et seq.) is amended by inserting after section 4A the following: No person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting. Section 22 of the Natural Gas Act (15 U.S.C. 717t–1) is amended by adding at the end the following: The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 4A or 4B (including related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— natural gas; or transmission services subject to the jurisdiction of the Commission. Section 20(d) of the Natural Gas Act (15 U.S.C. 717s(d)) is amended— in the matter preceding paragraph (1), by striking individual and inserting person; in paragraph (1), by inserting with respect to a person who is an individual, before acting; and in paragraph (2), in the matter preceding subparagraph (A), by inserting , directly or indirectly, after engaging. (c)Prohibition or suspension for violationsThe Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 221 or 222 (and related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling—(1)electric energy;(2)electric energy products, including financial transmission rights; or(3)transmission services subject to the jurisdiction of the Commission.. (B)electric energy products, including financial transmission rights; or. 4B.Prohibition on filing false informationNo person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting.. (d)Prohibition or suspension for violationsThe Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 4A or 4B (including related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling—(1)natural gas; or (2)transmission services subject to the jurisdiction of the Commission..

4B. Prohibition on filing false information No person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting.