[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3616 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3616
To require the Federal Energy Regulatory Commission to review
regulations that may affect the reliable operation of the bulk-power
system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2025
Mr. Balderson (for himself, Mr. Weber of Texas, and Mrs. Fedorchak)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To require the Federal Energy Regulatory Commission to review
regulations that may affect the reliable operation of the bulk-power
system.
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 ``Reliable Power Act''.
SEC. 2. COMMISSION REVIEW AND COMMENT FOR COVERED AGENCY ACTIONS.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended--
(1) in subsection (g)--
(A) by striking ``The ERO'' and inserting the
following:
``(1) In general.--The ERO''; and
(B) by adding at the end the following:
``(2) Annual long-term assessment.--The assessments under
paragraph (1) shall include an annual long-term assessment,
which shall include--
``(A) an analysis of the ability of the bulk-power
system to supply sufficient electric energy necessary
to maintain an adequate level of reliability, taking
into account generation resource mix, transmission
development, and energy demand trends;
``(B) an analysis of the risk of future electric
energy supply shortfalls under normal and extreme
weather conditions, and the risk of any such shortfalls
within each region of the bulk-power system; and
``(C) a determination of whether additional
generation resources are necessary to supply sufficient
energy to maintain an adequate level of reliability
during the assessment period.
``(3) Notice of generation inadequacy.--In conducting a
long-term assessment under paragraph (2), if the ERO finds that
the bulk-power system is at risk of not having adequate
generation resources to supply sufficient electric energy to
maintain an adequate level of reliability, the ERO shall
publicly notify the Commission that the bulk-power system is in
a state of generation inadequacy.
``(4) Data collection.--To conduct a long-term assessment
under paragraph (2), the ERO may collect information and data
from users, owners, and operators of the bulk-power system.'';
(2) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Commission Review and Comment for Covered Agency Actions.--
``(1) Notice to federal agencies.--If the ERO notifies the
Commission under subsection (g)(3) that the bulk-power system
is in a state of generation inadequacy, the Commission shall
promptly notify the Department of Energy, the Environmental
Protection Agency, and any other Federal agency the Commission
determines appropriate of such state of generation inadequacy.
``(2) Submission.--Upon receiving notice under paragraph
(1), the head of each Federal agency that received such notice
shall provide to the Commission for review and comment any
covered agency action by the Federal agency--
``(A) on the first date on which such covered
agency action is provided to the Office of Management
and Budget or any other Federal agency for review and
comment; or
``(B) if such covered agency action is not provided
to the Office of Management and Budget or any other
Federal agency for review and comment, not later than
90 days before the date on which the covered agency
action is published in the Federal Register or is
otherwise made available for public inspection or
comment.
``(3) Commission comments.--The Commission, in consultation
with the ERO, regional entities, and transmission organizations
shall, by order, provide to the agency head that provided to
the Commission a covered agency action under paragraph (2)--
``(A) comments on such covered agency action, which
such comments may include an assessment of the effect
of the covered agency action on rates, terms, and
conditions for services pursuant to the authority of
the Commission under sections 201 and 206; and
``(B) if applicable, recommendations for
modifications to the covered agency action to prevent a
significant negative impact on the ability of the bulk-
power system to supply sufficient electric energy
necessary to maintain an adequate level of reliability.
``(4) Agency response.--The head of a Federal agency may
not finalize a covered agency action that is provided to the
Commission under paragraph (2) until--
``(A) the agency head responds in writing to the
Commission with an explanation of how the agency head
modified, or why the agency head determined not to
modify, such covered agency action in response to any
comments and recommendations provided by the Commission
under paragraph (3); and
``(B) the Commission finds that the covered agency
action will not be likely to have a significant
negative impact on the ability of the bulk-power system
to supply sufficient electric energy necessary to
maintain an adequate level of reliability.
``(5) Public availability of comments and responses.--An
agency head shall include any comments, recommendations, and
responses for the covered agency action when--
``(A) submitting the covered agency action to the
Federal Register for publication; or
``(B) otherwise making the covered agency action
available for public inspection or comment.
``(6) Definitions.--In this subsection:
``(A) Covered agency action.--The term `covered
agency action' means a regulation that--
``(i) relates to, or otherwise directly
affects, any generation resource in the bulk-
power system; and
``(ii) is under development to be proposed
or otherwise under consideration in a
rulemaking prior to finalization on the date on
which the Federal agency receives notice from
the Commission under paragraph (1).
``(B) Federal agency.--The term `Federal agency'
means an Executive department (as that term is defined
in section 101 of title 5, United States Code) or any
other Executive agency that is in the President's
cabinet.''.
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