#aaeth ,,congress  #b;d ,session  ,s4   
#ahf  ,,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     
review4  #a4 ,short title ,this ,act may
 be cited as the ,fair ,ratepayer       
,accountability1 ,transparency1 and     
,efficiency ,standards ,act or the ,fair
 ,,rates ,act4  #b4 ,amendment to the   
,federal ,power ,act ,section #bje of   
the ,federal ,power ,act 7#af ,u4,s4,c4 
#hbd;d7 is amended by adding at the end 
the following3  7g7 ,inaction of        
,commissioners  7#a7 ,in general ,if the
 ,commission permits the expiration of  
the #fj-;day period established under   
the first sentence of subsection 7d7    
because the members of the ,commission  
are divided two against two as to the   
lawfulness of the change1 as a result of
 vacancy1 incapacity1 or recusal on the 

,commission--  7,a7 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 #cac7;a72 and  7,b7 there shall 
be added to the record of the proceeding
 of the ,commission-- 7i7 the proposed  
order2  7ii7 notice of the division of  
the ,commissioners with respect to the  
proposed order2 and  7iii7 the written  
statement of each member of the         
,commission explaining the views of the 
,commissioner with respect to the       
proposed order4  7#b7 ,appeal ,if any   
party to a proceeding of the ,commission
 described in paragraph 7#a7 seeks a    
rehearing under section #cac7;a7 and the
 ,commission fails to act on the merits 
of the rehearing request by the date    
that is #cj days after the date of the  
rehearing request because the members of
 the ,commission are divided two against
 two1 as a result of vacancy1           
incapacity1 or recusal on the           
,commission1 any party that sought the  

rehearing may appeal under section      
#cac7;b74  4  ,passed the ,senate       
,september #d1 #bjah4,secretary