II 

117TH CONGRESS 

2D SESSION S. 3908 

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 

MARCH 23, 2022 

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

LANKFORD) 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 3908 IS

1 SEC. 2. FERC APPLICATIONS. 

2 (a) IN GENERAL.—The following policy statements 

3 issued by the Federal Energy Regulatory Commission 

4 shall have no force or effect until the date described in 

5 subsection (b): 

6 (1) The updated policy statement entitled ‘‘Up7 dated Policy Statement on Certification of New 

8 Interstate Natural Gas Facilities’’ (Docket No. 

9 PL18–1–000 (February 18, 2022)). 

10 (2) The interim policy statement entitled ‘‘Con11 sideration of Greenhouse Gas Emissions in Natural 

12 Gas Infrastructure Project Reviews’’ (Docket No. 

13 PL21–3–000 (February 18, 2022)). 

14 (b) DATE DESCRIBED.—The date referred to in sub15 section (a) is the later of— 

16 (1) the date on which the Electric Reliability 

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

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

19 that disruption to pipeline natural gas supplies does 

20 not pose material risk to power system reliability in 

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

22 regional reliability entity, including the Western 

23 Electricity Coordinating Council, the Midwest Reli24 ability Organization, the Texas Reliability Entity, 

25 and the Northeast Power Coordinating Council; and 


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•S 3908 IS

1 (2) the date on which, as determined by the Ad2 ministrator of the Energy Information Administra3 tion, prices for natural gas and wholesale electricity 

4 do not exceed, for not fewer than 3 successive cal5 endar quarters, the average of prices for natural gas 

6 and wholesale electricity that were in effect for cal7 endar years 2018, 2019, and 2020. 

8 (c) REQUIREMENT TO TIMELY PROCESS FERC AP9 PLICATIONS.—Unless and until the conditions described in 

10 paragraphs (1) and (2) of subsection (b) are met, the Fed11 eral Energy Regulatory Commission shall timely process 

12 applications under section 3(e) and section 7 of the Nat13 ural Gas Act (15 U.S.C. 717b(e), 717f) pursuant to the 

14 Federal Energy Regulatory Commission 1999 Policy 

15 Statement on the Certification of New Interstate Natural 

16 Gas Facilities (Docket No. PL99–3–000 (September 15, 

17 1999)). 

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

19 by the failure of the Federal Energy Regulatory Commis20 sion to process an application described in subsection (c) 

21 in a reasonable time period may seek equitable relief in 

22 any Federal court of competent jurisdiction. 

Æ 


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