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 August 3, 2015 

EPA-DOE-FERC Coordination on Implementation of the Clean Power Plan 

 

This document describes how the U.S. Environmental Protection Agency (EPA), the U.S. 

Department of Energy (DOE), and the Federal Energy Regulatory Commission (FERC) will 

coordinate efforts to help ensure continued reliable electricity generation and transmission 

during the implementation of the Clean Power Plan (CPP). It describes one of several 

mechanisms that the three agencies, working independently or jointly, can rely on to support 

the industry’s ongoing actions to ensure electricity reliability during the implementation of the 

CPP. The CPP was developed and promulgated by EPA under Clean Air Act §111(d) to limit 

carbon dioxide emissions from fossil fuel-fired electric power plants. Working together, the 

three agencies will make reasonable efforts to: (1) monitor the progress of states as they 

develop single-state or multi-state plans to meet the requirements of the CPP; (2) monitor the 

implementation of state plans or, where applicable, a federal plan, to maintain awareness of 

any potential electric reliability effects; and (3) ensure coordination, as appropriate, to address 

any issues concerning reliability that may arise. 

This document highlights only those activities the agencies may undertake jointly or in 

coordination with respect to reliability impacts related to the CPP. It creates no restrictions on 

other actions that the three agencies may take individually or in concert. This is a living 

document, subject to change as determined by the agencies. It reflects the thinking of the staff 

of the three agencies as of this date, August 3, 2015. The agencies expect to revisit and revise 

this document as appropriate during the compliance period for the CPP. This effort is based on 

the successful working relationship that the three agencies established through their joint 

effort to work together to monitor reliability during the implementation of the Mercury and Air 

Toxics Standards.
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Background 

On June 2, 2014, EPA issued the proposed Clean Power Plan (CPP), consisting of 

emission guidelines for states to follow in developing plans to address greenhouse gas 

emissions from existing fossil fuel-fired electric generating units. Following careful 

consideration of public comments as well as extensive outreach with stakeholders and other 

federal and state agencies, the EPA Administrator signed the final CPP on August 3, 2015. In 

the final guidelines, EPA provided state-specific goals for carbon dioxide emissions from 

affected electric generating units, as well as guidelines for states to follow in developing plans 

to achieve the state-specific goals. Further, under the final CPP, each state must meet an 

interim emissions goal from 2022 to 2029 and a final goal starting in 2030. 

In early 2015, FERC held a series of technical conferences to discuss implications of 

compliance approaches to the CPP proposed rule. Specifically, the Commission held a National 

Overview technical conference and three regional technical conferences. The technical 

conferences provided a forum for stakeholders to discuss how to address any FERC-related 

issues that may arise in the context of potential state and regional compliance approaches to 

EPA’s CPP. 

Under the final CPP, each state is required to submit a plan that establishes source 

requirements and other measures that will achieve the state’s goal. EPA’s CPP was designed to 

allow each state to tailor its plan to meet the needs and attributes of the power sector in the 

state and to take advantage of the opportunities that each state has to reduce emissions. State 

and regional organizations and utilities responsible for ensuring reliability have various tools 

that they have been using, and can and will continue to use, in carrying out their collective 

mission. In states that do not have an approved state plan, the federal plan will be 

implemented.
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Monitoring Strategy 

During the development of the CPP, EPA consulted with DOE and FERC staff. The three 

agencies will continue to coordinate while the state plans are developed and implemented in 

order to help ensure that state plans can be implemented in a manner that is fully compatible 

with the power sector’s ability to maintain electric reliability. 

The key to this monitoring effort will be frequent communications and coordination 

among the three agencies. EPA, DOE, and FERC will continue to meet and will share relevant 

new information on the development and implementation of state plans. Further, the agencies 

will continue to discuss ongoing coordination, monitoring, and outreach activities. Each 

agency has designated an internal team or working group that focuses on these issues and has 

identified key staffers that can be contacted should issues arise between interagency meetings. 

EPA, DOE, and FERC each have contacts and outreach underway that will help to identify 

any areas of concern for electricity reliability that may arise. Each of the agencies will continue 

to engage with stakeholders including: 

• Utility trade associations and generation owners with fleets affected by EPA regulations; 

• Organizations of state agencies relevant to the CPP including but not limited to NACAA, 

AAPCA, ECOS, NARUC and regional groups of regulators, NASEO and others; 

• Regional Transmission Organizations (RTOs), Independent System Operators (ISOs), 

planning authorities and other utilities affected by EPA regulations; 

• The North American Electric Reliability Corporation (NERC) and affiliated regional 

reliability entities in regions affected by EPA regulations; and 

• Additional entities that participate in reliability planning and execution. 

EPA will engage with states as they develop their plans. EPA Headquarters and Regional 

Office staff will work with each state to respond to questions and issues as states assess 

options to meet the guidelines. These issues will be tracked by an EPA implementation team, 

which will then share any information related to reliability with FERC and DOE. Throughout the 

development of the state plans, EPA will encourage the state environmental offices, which have 
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primary authority to develop state plans, to coordinate closely with the state economic 

regulatory agencies (e.g. public utility commissions), state energy offices, and the grid planners 

and operators. EPA will maintain contact with these entities as well. After state plans are 

submitted, approved and put into effect, the implementation team will maintain contact with 

states, in case the need arises for plan revisions.

DOE will provide technical and other assistance to states, their representative 

organizations, regions, and tribes to inform their compliance plan development, generally 

based upon their request for assistance.1 DOE will continue to support stakeholder-convened

discussions and workshops regarding the CPP to provide opportunities for discussion between 

state agencies and others. Further, DOE will continue to develop technical assistance resources 

that can inform state and multi-state plan development. DOE will also provide its technical 

expertise to EPA, as requested, to inform any questions or decisions EPA has regarding the 

reliability implications of compliance plans. 

FERC will continue to focus on issues related to the CPP involving the reliability of the 

power grid, the efficient operation of wholesale electricity markets and the potential need for 

additional energy infrastructure, especially new electric transmission and natural gas interstate 

pipelines. FERC will also stay informed about the development of state plans so that it will be 

able to respond to Bulk-Power System reliability issues that might arise. FERC will continue to 

engage with EPA on these issues, including providing assistance on reliability and other matters 

as requested. 

The three agencies will meet frequently, no less than quarterly, to discuss what they are 

learning about the developing state plans and any potential reliability concerns. Where 

potential reliability issues of concern are identified with elements of a developing plan from a 

state or group of states, EPA, DOE, and FERC will meet to determine an approach to resolving 

the issues, which may include meeting with the state or states that are developing the plan 

 

1 Technical assistance will be provided based on the resources available. For some DOE programs, technical 

assistance is provided upon request from eligible entities. For more information, see 

http://energy.gov/technicalassistance.
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along with the relevant planning authorities and/or reliability coordinators. EPA Regional 

Offices can help to organize and manage these meetings. 

 Once state (or multi-state) plans are approved or a federal plan is imposed the three 

agencies anticipate continuing their coordinated effort to monitor implementation of the CPP 

and to address any issues related to electric reliability. A more precise description of that 

coordinated effort will be developed as a timely revision to this document. At a minimum EPA 

anticipates that that the expertise of both DOE and FERC will be key to addressing any reliability 

concerns.