I 

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. 

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

3 SECTION 1. FURNISHING OF ADEQUATE SERVICE; RETIR4 ING ELECTRIC GENERATING UNITS. 

5 Section 207 of the Federal Power Act (16 U.S.C. 

6 824f) is amended to read as follows: 

7 ‘‘SEC. 207. FURNISHING OF ADEQUATE SERVICE; ADVANCE 

8 NOTICE OF PLANNED RETIREMENTS. 

9 ‘‘(a) FURNISHING OF ADEQUATE SERVICE.— 


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1 ‘‘(1) IN GENERAL.—Whenever the Commission, 

2 upon complaint of a State commission, the Electric 

3 Reliability Organization, or a transmission organiza4 tion, after notice to each State commission and pub5 lic utility affected and after opportunity for hearing 

6 within 90 days of receipt of such complaint, finds 

7 that any interstate service of any public utility is in8 adequate or insufficient, or is likely to become inad9 equate or insufficient within 5 years of receiving 

10 such complaint, the Commission shall determine the 

11 proper, adequate, or sufficient service to be fur12 nished, and shall fix the same by its order, rule or 

13 regulation subject to the requirements in paragraph 

14 (2). 

15 ‘‘(2) REQUIREMENTS.—In issuing an order, 

16 rule, or regulation pursuant to paragraph (1), the 

17 Commission shall— 

18 ‘‘(A) have no authority to— 

19 ‘‘(i) compel the enlargement of appli20 cable generating facilities; or 

21 ‘‘(ii) compel the applicable public util22 ity to sell or exchange electric energy when 

23 to do so would impair its ability to render 

24 adequate service to its customers; 


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1 ‘‘(B) determine which applicable public 

2 utility or State commission will be required to 

3 pay for additional costs associated with the con4 tinued operation of electric generating units or 

5 the construction of additional facilities used for 

6 the transmission of electric energy in interstate 

7 commerce; and 

8 ‘‘(C) establish cost-based compensation to 

9 be paid to the electric generating units that will 

10 continue to operate, and the appropriate com11 pensation and cost allocation for any new trans12 mission facilities. 

13 ‘‘(3) EFFECTIVE DATES.— 

14 ‘‘(A) IN GENERAL.—An order, rule, or reg15 ulation issued pursuant to paragraph (1) that 

16 compels the operation of any electric generating 

17 unit shall take effect for 5 years following the 

18 date of issuance of such order, rule, or regula19 tion. 

20 ‘‘(B) REQUEST FOR REISSUANCE.—Not 

21 later than the date that is 180 days prior to the 

22 date on which an order, rule, or regulation de23 scribed in subparagraph (A) expires, the Elec24 tric Reliability Organization or the applicable 

25 State commission or transmission organization 


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1 may each request the Commission to reissue 

2 such order, rule, or regulation. 

3 ‘‘(C) REISSUANCE.—Not later than 10 

4 days after the date on which the Commission 

5 receives the request described in subparagraph 

6 (B), the Commission shall— 

7 ‘‘(i) notify each applicable State com8 mission, transmission organization, and 

9 public utility and provide an opportunity 

10 for a hearing with respect to such request; 

11 and 

12 ‘‘(ii) reissue or deny the applicable 

13 order, rule, or regulation described in sub14 paragraph (A), and such order, rule, or 

15 regulation shall take effect for a period 

16 that is not longer than 5 years following 

17 the date of expiration of the order, rule, or 

18 regulation issued pursuant to paragraph 

19 (1). 

20 ‘‘(4) TREATMENT OF CERTAIN ACTIONS.—To 

21 the extent any omission or action taken by an entity 

22 that is necessary to comply with an order, rule, or 

23 regulation issued under paragraph (1) or section 

24 202, including any omission or action taken to vol25 untarily comply with such order, rule, or regulation, 


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1 results in noncompliance with or causes such entity 

2 to not comply with any Federal, State, or local envi3 ronmental law or regulation, such omission or action 

4 shall not— 

5 ‘‘(A) be considered a violation of such envi6 ronmental law or regulation; or 

7 ‘‘(B) subject such entity to any require8 ment, civil or criminal liability, or a citizen suit 

9 under such environmental law or regulation. 

10 ‘‘(b) ADVANCE NOTICE OF PLANNED RETIRE11 MENTS.— 

12 ‘‘(1) IN GENERAL.—In the event an owner or 

13 operator of a generating facility plans to retire an 

14 electric generating unit, such owner or operator shall 

15 submit to the Commission, the Electric Reliability 

16 Organization, and the applicable State commission 

17 and transmission organization a notice of such plans 

18 not later than 5 years prior to the date on which 

19 such owner or operator plans to retire such electric 

20 generating unit. 

21 ‘‘(2) UNPLANNED RETIREMENTS.—An owner 

22 and operator of a generating facility that retires an 

23 electric generating unit due to an unplanned catas24 trophe, emergency, disaster, or similar event that 

25 has rendered such electric generating unit inoperable 


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1 is not subject to the notice requirement described in 

2 paragraph (1). 

3 ‘‘(3) PUBLICLY AVAILABLE.—The Commission 

4 shall make publicly available the submitted notice 

5 described in paragraphs (1) and (2), as applicable. 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk8 power system’ has the meaning given such term in 

9 section 215. 

10 ‘‘(2) ELECTRIC GENERATING UNIT.—The term 

11 ‘electric generating unit’ means an electric energy 

12 producing unit that is a component of a generating 

13 facility that— 

14 ‘‘(A) has a power production capacity of 

15 not less than 5 megawatts; or 

16 ‘‘(B) incidentally produces not less than 5 

17 megawatts of electric energy for the bulk-power 

18 system. 

19 ‘‘(3) ELECTRIC RELIABILITY ORGANIZATION.— 

20 The term ‘Electric Reliability Organization’ has the 

21 meaning given such term in section 215(a). 

22 ‘‘(4) GENERATING FACILITY.—The term ‘gener23 ating facility’ means a single facility— 

24 ‘‘(A) with one or more electric generating 

25 units; and 


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1 ‘‘(B) that produces electric energy for the 

2 bulk-power system. 

3 ‘‘(5) RETIRE.—The term ‘retire’, with respect 

4 to an electric generating unit, means to, for an in5 definite period of time— 

6 ‘‘(A) idle the electric generating unit; 

7 ‘‘(B) disconnect the electric generating 

8 unit from the bulk-power system; or 

9 ‘‘(C) otherwise make unavailable for sale 

10 all electric energy that is generated by the elec11 tric generating unit.’’. 

12 SEC. 2. ELECTRIC RELIABILITY. 

13 Section 215 of the Federal Power Act (16 U.S.C. 

14 824o) is amended by adding at the end the following: 

15 ‘‘(l) ELECTRIC GENERATING UNIT RETIREMENT.— 

16 Upon receipt of a notice of a plan to retire an electric 

17 generating unit under section 207(b)(1), the Electric Reli18 ability Organization shall file a complaint with the Com19 mission pursuant to section 207(a)(1) if the Electric Reli20 ability Organization determines that such plan will be a 

21 violation of a reliability standard or a reliability planning 

22 requirement.’’. 

Æ 


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