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[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>
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