S 1029
112th CONGRESS
1st Session
S. 1029
To amend the Public Utility Regulatory Policies Act of 1978
to provide electric consumers the right to access certain electric energy
information, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 19, 2011
Mr. UDALL of Colorado (for himself and Mr. BROWN of Massachusetts)
introduced the following bill; which was read twice and referred to
the Committee on Energy and Natural Resources
A BILL
To amend the Public Utility Regulatory Policies Act of 1978
to provide electric consumers the right to access certain electric energy
information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Electric Consumer Right to Know Act' or
the `e-KNOW Act'.
SEC. 2. FINDINGS.
(1) improving consumers' understanding of and access to the electric
energy usage information of the consumers will help consumers more
effectively manage usage;
(2) consumers have a right of access to the electric energy usage
information of the consumers;
(3) the right of access to electric energy usage information should
be based on the need to have access to the information rather than
on a specific type of smart metering technology and, as a result,
all usage information platforms can compete and innovation will be
fostered;
(4) utilities should provide electric energy usage information based
on the best capabilities of the metering technology currently deployed
in the respective service areas or, on upgrade, based on standards
recognized by the National Institute of Standards and Technology;
(5) consumers should have the ability to access unaudited usage information
directly from the electric meters of the consumers or from sources
independent of the electric meters, and from sources independent of
the utilities of the consumers;
(6) consumers should retain the right to the privacy and security
of electric energy usage information of the consumers created through
usage;
(7) consumers should have the right to control the electric energy
usage information of the consumers and the right to privacy for the
information when third party aggregators of data are involved in creation,
management, or collection of the information; and
(8) consumers should have the right to know how the authorized third-party
data manager of the consumers will manage the retail electric energy
information of the consumers once the manager has accessed the information.
SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION.
(a) In General- Title II of the Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 824 et seq.) is amended by adding at the end the
following:
`SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION.
`(a) Definitions- In this section:
`(1) RETAIL ELECTRIC ENERGY INFORMATION- The term `retail electric
energy information' means--
`(A) the electric energy consumption of an electric consumer over
a defined time period;
`(B) the retail electric energy prices or rates applied to the electricity
usage for the defined time period described in subparagraph (A)
for the electric consumer;
`(C) the cost of usage by the consumer, including (if smart meter
usage information is available) the estimated cost of usage since
the last billing cycle of the consumer; and
`(D) in the case of nonresidential electric meters, any other electrical
information that the meter is programmed to record (such as demand
measured in kilowatts, voltage, frequency, current, and power factor).
`(2) SMART METER- Except as provided in subsection (e), the term `smart
meter' means the device used by an electric utility that--
`(A)(i) measures electric energy consumption by an electric consumer
at the home or facility of the electric consumer in intervals of
1 hour or less; and
`(ii) is capable of sending electric energy usage information through
a communications network to the electric utility; or
`(B) meets the guidelines issued under subsection (h).
`(1) IN GENERAL- Each electric consumer in the United States shall
have the right to access (and to authorize 1 or more third parties
to access) retail electric energy information of the electric consumer
in--
`(A) an electronic form, free of charge, in conformity with nationally
recognized open standards developed by a nationally recognized standards
organization; and
`(B) a manner that is timely and convenient and provides adequate
protections for the security of the information and the privacy
of the electric consumer.
`(2) SMART METERS- In the case of an electric consumer that is served
by a smart meter that can also communicate energy usage information
to a device or network of an electric consumer or a device or network
of a third party authorized by the consumer, the consumer shall, at
a minimum, have the right to access (and to authorize 1 or more third
parties to access) usage information in read-only format directly
from the smart meter.
`(3) PROVIDER OF INFORMATION- The information required under this
subsection shall be provided by the electric utility of the consumer
or such other entity as may be designated by the applicable electric
retail regulatory authority.
`(c) Information- The right to access retail electric energy information
under subsection (b) includes, at a minimum--
`(1)(A) in the case of an electric consumer that is served by a smart
meter, the right to access retail electric energy information--
`(i) in machine readable form, not more than 48 hours after consumption
has occurred; or
`(ii) in accordance with the guidelines issued under subsection
(h); or
`(B) in the case of an electric consumer that is not served by a smart
meter, the right to access retail electric energy information in machine
readable form as expeditiously after the time of receipt in a data
center (including information provided by third party services) as
is reasonably practicable and as prescribed by the applicable electric
retail regulatory authority; and
`(2) except as otherwise provided in subsection (d)--
`(A) in the case of an electric consumer that is served by a smart
meter, data at a granularity that is--
`(i) not less granular than the intervals at which the data is
recorded and stored by the billing meter in use at the premise
of the electric consumer; or
`(ii) in accordance with the guidelines issued under subsection
(h); and
`(B) in the case of an electric consumer that is not served by a
smart meter, data at granularity equal to the data used for billing
the electric consumer, or more precise granularity, as prescribed
by the applicable electric retail regulatory authority.
`(d) Electric Energy Information Retention- An electric consumer shall
have the right to access the retail electric energy information of the
consumer, through the website of the electric utility or other electronic
access authorized by the electric consumer, for a period of at least
13 months after the date on which the usage occurred, unless a different
period is prescribed by the applicable electric retail regulatory authority.
`(e) Data Security- Access described in subsection (d) shall not interfere
with or compromise the integrity, security, or privacy of the operations
of a utility and the electric consumer, in accordance with the guidelines
issued by the Commission under subsection (h).
`(f) Cost Recovery- An electric utility providing retail electric energy
information in accordance with otherwise applicable regulation of rates
for the retail sale and delivery of electricity may recover in rates
the cost of providing the information, if the cost is determined reasonable
and prudent by the applicable electric retail regulatory authority.
`(g) Additional Available Information- The right to access electric
energy information shall extend to usage information generated by devices
in or on the property of the consumer that is transmitted to the electric
utility.
`(h) Guidelines for Electric Consumer Access-
`(1) IN GENERAL- Not later than 180 days after the date of enactment
of this section, the Commission shall (after consultation with State
and local regulatory authorities, including the National Association
of Regulatory Utility Commissioners, the Secretary of Energy, other
appropriate Federal agencies, including the National Institute of
Standards and Technology, consumer advocacy groups, utilities, and
other appropriate entities, and after notice and opportunity for comment)
issue guidelines that establish minimum national standards for implementation
of the electric consumer right to access retail electric energy information
under subsection (b).
`(2) STATE AND LOCAL REGULATORY ACTION- In issuing the guidelines,
the Commission shall, to the maximum extent practicable, be guided
by actions taken by State and local regulatory authorities to ensure
electric consumer access to retail electric energy information, including
actions taken after consideration of the standard under section 111(d)(17).
`(3) CONTENT- The guidelines shall provide guidance on issues necessary
to carry out this section, including--
`(A) the timeliness and granularity of retail electric energy information;
`(B) appropriate nationally recognized open standards for data;
`(C) a definition of the term `smart meters'; and
`(D) protection of data security and electric consumer privacy,
including consumer consent requirements.
`(4) REVISIONS- The Commission shall periodically review and, as necessary,
revise the guidelines to reflect changes in technology and the market
for electric energy and services.
`(1) ENFORCEMENT BY STATE ATTORNEYS GENERAL- If the attorney general
of a State, or another official or agency of a State with competent
authority under State law, has reason to believe that any electric
utility that delivers electric energy at retail in the applicable
State is not complying with the minimum standards established by the
guidelines under subsection (h), the attorney general, official, or
agency of the State, as parens patriae, may bring a civil action against
the electric utility, on behalf of the electric consumers receiving
retail service from the electric utility, in a district court of the
United States of appropriate jurisdiction, to compel compliance with
the standards.
`(A) IN GENERAL- No civil action may be brought against an electric
utility under paragraph (1) if the Commission has, during the 2-year
period ending on the date of the determination, determined that
the electric utility adopted policies, requirements, and measures,
as necessary, that comply with the standards established by the
guidelines under subsection (h).
`(B) PROCEDURES- The Commission shall establish procedures to review
the policies, requirements, and measures of electric utilities to
assess, and issue determinations with regard to, compliance with
the standards.
`(3) EFFECTIVE DATE- This subsection takes effect on the date that
is 2 years after the date the guidelines under subsection (h) are
issued.'.
(b) Conforming Amendment- The table of contents for the Public Utility
Regulatory Policies Act of 1978 is amended by adding at the end of the
items relating to title II the following:
`Sec. 215. Electric consumer right to access electric energy information.'.
END
