Page:United States Statutes at Large Volume 119.djvu/998

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[119 STAT. 980]
[119 STAT. 980]
PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 980

PUBLIC LAW 109–58—AUG. 8, 2005

of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of electric ratepayers. ‘‘(b) NO PRIVATE RIGHT OF ACTION.—Nothing in this section shall be construed to create a private right of action.’’. SEC. 1284. ENFORCEMENT.

(a) COMPLAINTS.—Section 306 of the Federal Power Act (16 U.S.C. 825e) is amended— (1) by inserting ‘‘electric utility,’’ after ‘‘Any person,’’; and (2) by inserting ‘‘, transmitting utility,’’ after ‘‘licensee’’ each place it appears. (b) INVESTIGATIONS.—Section 307(a) of the Federal Power Act (16 U.S.C. 825f(a)) is amended— (1) by inserting ‘‘, electric utility, transmitting utility, or other entity’’ after ‘‘person’’ each place it appears; and (2) in the first sentence, by inserting before the period at the end the following: ‘‘, or in obtaining information about the sale of electric energy at wholesale in interstate commerce and the transmission of electric energy in interstate commerce’’. (c) REVIEW OF COMMISSION ORDERS.—Section 313(a) of the Federal Power Act (16 U.S.C. 825l) is amended by inserting ‘‘electric utility,’’ after ‘‘person,’’ in the first 2 places it appears and by striking ‘‘any person unless such person’’ and inserting ‘‘any entity unless such entity’’. (d) CRIMINAL PENALTIES.—Section 316 of the Federal Power Act (16 U.S.C. 825o) is amended— (1) in subsection (a)— (A) by striking ‘‘$5,000’’ and inserting ‘‘$1,000,000’’; and (B) by striking ‘‘two years’’ and inserting ‘‘5 years’’; (2) in subsection (b), by striking ‘‘$500’’ and inserting ‘‘$25,000’’; and (3) by striking subsection (c). (e) CIVIL PENALTIES.—Section 316A of the Federal Power Act (16 U.S.C. 825o–1) is amended— (1) by striking ‘‘section 211, 212, 213, or 214’’ each place it appears and inserting ‘‘part II’’; and (2) in subsection (b), by striking ‘‘$10,000’’ and inserting ‘‘$1,000,000’’. SEC. 1285. REFUND EFFECTIVE DATE.

Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) is amended as follows: (1) By striking ‘‘the date 60 days after the filing of such complaint nor later than 5 months after the expiration of such 60-day period’’ in the second sentence and inserting ‘‘the date of the filing of such complaint nor later than 5 months after the filing of such complaint’’. (2) By striking ‘‘60 days after’’ in the third sentence and inserting ‘‘of’’. (3) By striking ‘‘expiration of such 60-day period’’ in the third sentence and inserting ‘‘publication date’’. (4) By striking the fifth sentence and inserting the following: ‘‘If no final decision is rendered by the conclusion of the 180-day period commencing upon initiation of a proceeding pursuant to this section, the Commission shall state the reasons

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