II 

117TH CONGRESS 

2D SESSION S. 4451 

To provide that certain policy statements of the Federal Energy Regulatory 

Commission shall have no force or effect unless certain conditions are 

met, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2022 

Mr. BARRASSO (for himself, Mr. DAINES, Mr. MARSHALL, Mr. LANKFORD, 

and Mrs. CAPITO) introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To provide that certain policy statements of the Federal 

Energy Regulatory Commission shall have no force or 

effect unless certain conditions are met, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring National Se5 curity Using Reliable Energy Act’’ or the ‘‘ENSURE 

6 Act’’. 


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•S 4451 IS

1 SEC. 2. FERC APPLICATIONS. 

2 (a) IN GENERAL.—The following issuances by the 

3 Federal Energy Regulatory Commission shall have no 

4 force or effect until the date described in subsection (b): 

5 (1) The updated policy statement entitled ‘‘Up6 dated Policy Statement on Certification of New 

7 Interstate Natural Gas Facilities’’ (Docket No. 

8 PL18–1–000 (February 18, 2022)). 

9 (2) The interim policy statement entitled ‘‘Con10 sideration of Greenhouse Gas Emissions in Natural 

11 Gas Infrastructure Project Reviews’’ (Docket No. 

12 PL21–3–000 (February 18, 2022)). 

13 (3) Any update to the policy statement entitled 

14 ‘‘Certification of New Interstate Natural Gas Pipe15 line Facilities’’ (Docket No. PL99–3–000 (Sep16 tember 15, 1999)). 

17 (b) DATE DESCRIBED.—The date referred to in sub18 section (a) is the later of— 

19 (1) the date on which the Electric Reliability 

20 Organization (as defined in section 215(a) of the 

21 Federal Power Act (16 U.S.C. 824o(a))) certifies 

22 that disruption to pipeline natural gas supplies does 

23 not pose material risk to power system reliability in 

24 any season of the year in the territory served by any 

25 regional reliability entity, including the Western 

26 Electricity Coordinating Council, the Midwest ReliVerDate Sep 11 2014 23:10 Jun 25, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4451.IS S4451

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•S 4451 IS

1 ability Organization, the Texas Reliability Entity, 

2 and the Northeast Power Coordinating Council; and 

3 (2) the date on which, as determined by the Ad4 ministrator of the Energy Information Administra5 tion, prices for natural gas and wholesale electricity 

6 do not exceed, for not fewer than 3 successive cal7 endar quarters, the average of prices for natural gas 

8 and wholesale electricity that were in effect for cal9 endar years 2018, 2019, and 2020. 

10 (c) REQUIREMENT TO TIMELY PROCESS FERC AP11 PLICATIONS.—Unless and until the conditions described in 

12 paragraphs (1) and (2) of subsection (b) are met, the Fed13 eral Energy Regulatory Commission shall timely process 

14 applications under section 3(e) and section 7 of the Nat15 ural Gas Act (15 U.S.C. 717b(e), 717f) pursuant to the 

16 Federal Energy Regulatory Commission policy statement 

17 entitled ‘‘Certification of New Interstate Natural Gas 

18 Pipeline Facilities’’ (Docket No. PL99–3–000 (September 

19 15, 1999)). 

20 (d) RIGHT TO SEEK RELIEF.—Any party aggrieved 

21 by the failure of the Federal Energy Regulatory Commis22 sion to process an application described in subsection (c) 

23 in a reasonable time period may seek equitable relief in 

24 any Federal court of competent jurisdiction. 

Æ 


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