Consultation with State officials and coordination with State resources

(a) Requirement The Secretary of the Treasury and the Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, the applicable State commission and State consumer advocate office or comparable public counsel, where applicable, shall coordinate implementation of this Act to— (1) avoid duplication of direct relief payments under section 5; (2) efficiently identify eligible ratepayers using existing customer billing and regulatory records; (3) utilize, to the maximum extent practicable, existing findings of fact, State ratemaking records, refund determinations, customer class information, and bill records developed by State commissions and State consumer advocate offices; (4) ensure that restitution is calculated using consistent methodologies and objective standards; (5) minimize administrative burdens on consumers and maximize consumer recovery by coordinating verification procedures and claims processing; and (6) provide timely restitution to eligible ratepayers. (b) Credit for State actions The Secretary of the Treasury, in consultation with the Secretary of Energy, may deduct from the amount of a direct relief payment to an eligible ratepayer relating to a misconduct event under section 5 any amount previously paid to such eligible ratepayer relating to such misconduct event as a result of the actions of a State regulatory authority. (c) Conflict resolution In any case in which a State agency reaches a different determination from a determination made under this Act by the Secretary of Energy or the Secretary of the Treasury, including with respect to the amount to be collected under section 4, direct relief payments owed to eligible ratepayers, or the duration of a misconduct event, the determination that results in the highest amount of a direct relief payment shall apply. (d) Recognition of state expertise and coordination requirement In carrying out this Act, the Secretary of the Treasury and the Secretary of Energy shall— (1) recognize the expertise of State commissions and State consumer advocate offices or comparable public counsel regarding retail utility rates, customer billing records, ratepayer classes, refund calculations, and consumer impacts; and (2) to the maximum extent practicable, coordinate implementation of this Act with State commissions and State consumer advocate offices or comparable public counsel and rely upon their existing findings, records, technical expertise to avoid duplication, promote administrative efficiency, and ensure accurate consumer restitution. (e) Intergovernmental ratepayer restitution working group (1) Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Energy, shall establish an Intergovernmental Ratepayer Restitution Working Group. (2) The Working Group shall include representatives of— (A) the Department of the Treasury; (B) the Department of Energy; (C) the Federal Energy Regulatory Commission; (D) State commissions; (E) State consumer advocate offices or comparable public counsel; and (F) such other Federal or State agencies as the Secretary of the Treasury, in consultation with the Secretary of Energy, determines appropriate. (3) The Working Group shall— (A) develop uniform guidance for calculating consumer injury and allocating restitution; (B) establish procedures for sharing billing records and regulatory information consistent with applicable privacy laws; (C) recommend best practices for identifying eligible ratepayers; (D) coordinate consumer outreach and public education concerning available restitution; and (E) recommend procedures to expedite the distribution of restitution payments.