[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10068 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10068
To amend the Federal Power Act to require generating facilities to
provide advance notices for retiring electric generating units, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2024
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act to require generating facilities to
provide advance notices for retiring electric generating units, 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. FURNISHING OF ADEQUATE SERVICE; RETIRING ELECTRIC GENERATING
UNITS.
Section 207 of the Federal Power Act (16 U.S.C. 824f) is amended to
read as follows:
``SEC. 207. FURNISHING OF ADEQUATE SERVICE; ADVANCE NOTICE OF PLANNED
RETIREMENTS.
``(a) Furnishing of Adequate Service.--
``(1) In general.--Whenever the Commission, upon complaint
of a State commission, the Electric Reliability Organization,
or a transmission organization, after notice to each State
commission and public utility affected and after opportunity
for hearing within 90 days of receipt of such complaint, finds
that any interstate service of any public utility is inadequate
or insufficient, or is likely to become inadequate or
insufficient within 5 years of receiving such complaint, the
Commission shall determine the proper, adequate, or sufficient
service to be furnished, and shall fix the same by its order,
rule or regulation subject to the requirements in paragraph
(2).
``(2) Requirements.--In issuing an order, rule, or
regulation pursuant to paragraph (1), the Commission shall--
``(A) have no authority to--
``(i) compel the enlargement of applicable
generating facilities; or
``(ii) compel the applicable public utility
to sell or exchange electric energy when to do
so would impair its ability to render adequate
service to its customers;
``(B) determine which applicable public utility or
State commission will be required to pay for additional
costs associated with the continued operation of
electric generating units or the construction of
additional facilities used for the transmission of
electric energy in interstate commerce; and
``(C) establish cost-based compensation to be paid
to the electric generating units that will continue to
operate, and the appropriate compensation and cost
allocation for any new transmission facilities.
``(3) Effective dates.--
``(A) In general.--An order, rule, or regulation
issued pursuant to paragraph (1) that compels the
operation of any electric generating unit shall take
effect for 5 years following the date of issuance of
such order, rule, or regulation.
``(B) Request for reissuance.--Not later than the
date that is 180 days prior to the date on which an
order, rule, or regulation described in subparagraph
(A) expires, the Electric Reliability Organization or
the applicable State commission or transmission
organization may each request the Commission to reissue
such order, rule, or regulation.
``(C) Reissuance.--Not later than 10 days after the
date on which the Commission receives the request
described in subparagraph (B), the Commission shall--
``(i) notify each applicable State
commission, transmission organization, and
public utility and provide an opportunity for a
hearing with respect to such request; and
``(ii) reissue or deny the applicable
order, rule, or regulation described in
subparagraph (A), and such order, rule, or
regulation shall take effect for a period that
is not longer than 5 years following the date
of expiration of the order, rule, or regulation
issued pursuant to paragraph (1).
``(4) Treatment of certain actions.--To the extent any
omission or action taken by an entity that is necessary to
comply with an order, rule, or regulation issued under
paragraph (1) or section 202, including any omission or action
taken to voluntarily comply with such order, rule, or
regulation, results in noncompliance with or causes such entity
to not comply with any Federal, State, or local environmental
law or regulation, such omission or action shall not--
``(A) be considered a violation of such
environmental law or regulation; or
``(B) subject such entity to any requirement, civil
or criminal liability, or a citizen suit under such
environmental law or regulation.
``(b) Advance Notice of Planned Retirements.--
``(1) In general.--In the event an owner or operator of a
generating facility plans to retire an electric generating
unit, such owner or operator shall submit to the Commission,
the Electric Reliability Organization, and the applicable State
commission and transmission organization a notice of such plans
not later than 5 years prior to the date on which such owner or
operator plans to retire such electric generating unit.
``(2) Unplanned retirements.--An owner and operator of a
generating facility that retires an electric generating unit
due to an unplanned catastrophe, emergency, disaster, or
similar event that has rendered such electric generating unit
inoperable is not subject to the notice requirement described
in paragraph (1).
``(3) Publicly available.--The Commission shall make
publicly available the submitted notice described in paragraphs
(1) and (2), as applicable.
``(c) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system' has
the meaning given such term in section 215.
``(2) Electric generating unit.--The term `electric
generating unit' means an electric energy producing unit that
is a component of a generating facility that--
``(A) has a power production capacity of not less
than 5 megawatts; or
``(B) incidentally produces not less than 5
megawatts of electric energy for the bulk-power system.
``(3) Electric reliability organization.--The term
`Electric Reliability Organization' has the meaning given such
term in section 215(a).
``(4) Generating facility.--The term `generating facility'
means a single facility--
``(A) with one or more electric generating units;
and
``(B) that produces electric energy for the bulk-
power system.
``(5) Retire.--The term `retire', with respect to an
electric generating unit, means to, for an indefinite period of
time--
``(A) idle the electric generating unit;
``(B) disconnect the electric generating unit from
the bulk-power system; or
``(C) otherwise make unavailable for sale all
electric energy that is generated by the electric
generating unit.''.
SEC. 2. ELECTRIC RELIABILITY.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by
adding at the end the following:
``(l) Electric Generating Unit Retirement.--Upon receipt of a
notice of a plan to retire an electric generating unit under section
207(b)(1), the Electric Reliability Organization shall file a complaint
with the Commission pursuant to section 207(a)(1) if the Electric
Reliability Organization determines that such plan will be a violation
of a reliability standard or a reliability planning requirement.''.
<all>