,,ii #aaith ,,congress #b;d ,session ,s4 #cehe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #g1 #bjbf,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,power ,act to exempt consumer-regulated electric utilities from ,federal regulation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,decentralized ,access to ,technology ,alternatives ,act of #bjbf or the ,,data ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,consumer-regulated electric utility2 creu ,the term consumer-regulated electric utility or ,,creu means an electric generation and supply system that-- 7,a7 is established-- 7i7 after the date of enactment of this ,act2 and 7ii7 exclusively for the purpose of serving new electric loads that were not previously served by any retail electricity supplier2 7,b7 may own1 construct1 and operate facilities necessary for generation1 energy storage1 transmission1 distribution1 and the retail supply of electricity2 7,c7 may sell electricity at retail to eligible ,,creu customers1 subject to the condition that the system is physically islanded from-- 7i7 all regulated utilities2 7ii7 the bulk-power system2 and 7iii7 the ,bulk ,electric ,system 7as defined by the ,electric ,reliability ,organization72 7,d7 engages in any combination of-- 7i7 generating electricity2 7ii7 transmitting electricity2 7iii7 distributing electricity2 or 7iv7 selling electricity at retail to consumers2 7,e7 is not connected to the bulk-power system or any other electric transmission or distribution system for primary or backup supply2 and 7,f7 operates independently of any public utility4 7#c7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#d7 ,eligible ,,creu customer ,the term eligible ,,creu customer means any entity that-- 7,a7 purchases electricity at retail from a consumer-regulated electric utility2 7,b7 receives electric service exclusively through facilities owned1 constructed1 or operated by consumer-regulated electric utilities2 and 7,c7 is located within premises that are physically islanded from-- 7i7 all regulated utilities2 7ii7 the bulk-power system2 and 7iii7 the ,bulk ,electric ,system 7as defined by the ,electric ,reliability ,organization74 7#e7 ,reliability standard ,the term reliability standard has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 #c4 ,federal ,power ,act exemption ,a consumer-regulated electric utility-- 7#a7 shall be exempt from regulation under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq471 including with respect to-- 7,a7 rate regulation2 7,b7 corporate or financial oversight2 7,c7 transmission or distribution regulation2 7,d7 reliability standards under section #bae of that ,act 7#af ,u4,s4,c4 #hbdo72 7,e7 interconnection requirements2 7,f7 participation in regional transmission planning or cost allocation2 and 7,g7 merger1 consolidation1 acquisition1 or disposition approval under section #bjc of that ,act 7#af ,u4,s4,c4 #hbd;b72 7#b7 shall not be considered to be a public utility for purposes of that ,act2 7#c7 shall not be considered to be a part of-- 7,a7 the bulk-power system2 or 7,b7 the ,bulk ,electric ,system 7as defined by the ,electric ,reliability ,organization72 and 7#d7 shall not be required to register with the ,electric ,reliability ,organization or comply with reliability standards1 unless the consumer-regulated electric utility voluntarily elects to connect to the bulk-power system4 #d4 ,exemption of new ,c,r,e,us from ,,ferc and ,,doe regulation 7a7 ,in general ,notwithstanding any other provision of law1 a consumer-regulated electric utility that begins operations on or after the date of enactment of this ,act shall be exempt from ,federal regulation with respect to matters under the jurisdiction of the ,federal ,energy ,regulatory ,commission or the ,secretary of ,energy1 including-- 7#a7 all reliability standards2 and 7#b7 all other standards1 rules1 regulations1 or other requirements established1 administered1 or enforced under-- 7,a7 section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo72 7,b7 any other provision of that ,act2 or 7,c7 any other provision of ,federal law 7including regulations74 7b7 ,beginning of operations ,for purposes of subsection 7a71 the date on which a consumer-regulated electric utility begins operations is the date on which the consumer-regulated electric utility first generates1 transmits1 distributes1 or sells electricity4 7c7 ,termination of exemption ,if a consumer-regulated electric utility elects to connect to any portion of the bulk-power system or any other electric transmission or distribution system for primary or backup supply1 the consumer-regulated electric utility shall1 immediately on making that connection-- 7#a7 cease being a consumer-regulated electric utility2 and 7#b7 become subject to all ,federal regulation applicable to the consumer-regulated electric utility from which the consumer-regulated electric utility was exempt under subsection 7a74 #e4 ,,purpa exemption ,section #baj of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #hbd;a-#c7 is amended by adding at the end the following3 7o7 ,consumer-,regulated electric utilities 7#a7 ,in general ,nothing in this section applies to a consumer-regulated electric utility 7as defined in section #b of the ,,data ,act of #bjbf74 7#b7 ,exemption ,a consumer-regulated electric utility 7as defined in section #b of the ,,data ,act of #bjbf7 shall not be required to interconnect with1 purchase from1 or sell to an electric utility under this section4 4 #f4 ,,puhca exemption ,section #abfh of the ,public ,utility ,holding ,company ,act of #bjje 7#db ,u4,s4,c4 #afdef7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,except and inserting the following3 7a7 ,in general ,except 2 and 7#b7 by adding at the end the following3 7b7 ,consumer-,regulated electric utilities ,no provision of this subtitle shall apply to any holding company solely by reason of its ownership or control of a consumer-regulated electric utility 7as defined in section #b of the ,,data ,act of #bjbf74 4 #g4 ,facilities located within public rights-of-way 7a7 ,in general ,a consumer-regulated electric utility may construct and operate facilities within existing public rights-of-way1 subject to the same permitting1 restoration1 and public-safety requirements applicable to a public utility 7as defined in section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e7774 7b7 ,limitation ,notwithstanding subsection 7a71 the review of an application for the construction or operation of a facility within an existing public right-of-way by a consumer-regulated electric utility shall be confined exclusively to the adequacy of-- 7#a7 right-of-way restoration2 and 7#b7 storm-response planning4