I 

117TH CONGRESS 

1ST SESSION H. R. 6084 

To require the Federal Energy Regulatory Commission to certify an Energy 

Product Reliability Organization which shall, subject to Commission review, establish and enforce energy product reliability standards, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2021 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To require the Federal Energy Regulatory Commission to 

certify an Energy Product Reliability Organization which 

shall, subject to Commission review, establish and enforce 

energy product reliability standards, 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 ‘‘Energy Product Reli5 ability Act’’. 

6 SEC. 2. ENERGY PRODUCT RELIABILITY STANDARDS. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Energy Regulatory Commission. 

3 (2) CYBERSECURITY INCIDENT.—The term ‘‘cy4 bersecurity incident’’ means a malicious act or sus5 picious event that disrupts, or was an attempt to 

6 disrupt, the operation of programmable electronic 

7 devices and communication networks, including 

8 hardware, software, and data, that are essential to 

9 the reliable delivery of an energy product through an 

10 energy pipeline. 

11 (3) ENERGY PIPELINE.—The term ‘‘energy 

12 pipeline’’ means a pipeline for the delivery of an en13 ergy product, including any facility or control system 

14 necessary for the operation of such a pipeline. 

15 (4) ENERGY PRODUCT.—The term ‘‘energy 

16 product’’ includes natural gas, hydrogen, petroleum, 

17 and a petroleum product. 

18 (5) ENERGY PRODUCT RELIABILITY STAND19 ARD.—The term ‘‘energy product reliability stand20 ard’’ means a requirement approved, established, or 

21 modified by the Commission under this section to 

22 provide for the reliable delivery of an energy product 

23 through an energy pipeline. 

24 (6) ENERGY PRODUCT RELIABILITY ORGANIZA25 TION; EPRO.—The terms ‘‘Energy Product ReliVerDate Sep 11 2014 23:25 Dec 08, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6084.IH H6084

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1 ability Organization’’ and ‘‘EPRO’’ mean the orga2 nization certified by the Commission under sub3 section (d) to establish and enforce energy product 

4 reliability standards, subject to Commission review. 

5 (b) JURISDICTION AND APPLICABILITY.— 

6 (1) JURISDICTION.—The Commission shall have 

7 jurisdiction, within the United States, over the En8 ergy Product Reliability Organization certified by 

9 the Commission under subsection (d) and all users, 

10 owners, and operators of energy pipelines, for pur11 poses of approving energy product reliability stand12 ards established under this section and enforcing 

13 compliance with this section. 

14 (2) APPLICABILITY.—All users, owners, and op15 erators of energy pipelines shall comply with energy 

16 product reliability standards that take effect under 

17 this section. 

18 (c) RULE.—Not later than 270 days after the date 

19 of enactment of this section, the Commission, in consulta20 tion with the Administrator of the Transportation Secu21 rity Administration, the Secretary of Energy, the Sec22 retary of Transportation, the Electric Reliability Organi23 zation (as defined in section 215 of the Federal Power 

24 Act (16 U.S.C. 824o)), and any other Federal agency or 


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1 organization the Commission determines appropriate, 

2 shall issue a final rule to implement this section. 

3 (d) CERTIFICATION.— 

4 (1) APPLICATION.—Following the issuance of a 

5 final rule under subsection (c), any person may sub6 mit an application to the Commission for certifi7 cation as the Energy Product Reliability Organiza8 tion. 

9 (2) CERTIFICATION.—Not later than 2 years 

10 after the date of enactment of this Act, the Commis11 sion shall certify one Energy Product Reliability Or12 ganization if the Commission determines that such 

13 Energy Product Reliability Organization— 

14 (A) has the ability to develop and enforce 

15 energy product reliability standards; and 

16 (B) has established rules that— 

17 (i) ensure its independence from the 

18 users, owners, and operators of energy 

19 pipelines, while ensuring fair stakeholder 

20 representation in the selection of its direc21 tors and balanced decisionmaking in any 

22 Energy Product Reliability Organization 

23 committee or subordinate organizational 

24 structure; 


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1 (ii) equitably allocate reasonable dues, 

2 fees, and other charges among end users 

3 for all activities under this section; 

4 (iii) provide fair and impartial proce5 dures for enforcement of energy product 

6 reliability standards through the imposition 

7 of penalties in accordance with subsection 

8 (g) (including limitations on activities, 

9 functions, or operations, or other appro10 priate sanctions); 

11 (iv) provide for reasonable notice and 

12 opportunity for public comment, due proc13 ess, openness, and balance of interests in 

14 developing energy product reliability stand15 ards and otherwise exercising its duties; 

16 and 

17 (v) provide for taking, after certifi18 cation, appropriate steps to gain recogni19 tion in Canada and Mexico. 

20 (e) ENERGY PRODUCT RELIABILITY STANDARDS.— 

21 (1) FILING.—The Energy Product Reliability 

22 Organization shall file each energy product reliability 

23 standard, or modification to an energy product reli24 ability standard, that is proposed to be made effec25 tive under this section with the Commission. 


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1 (2) APPROVAL.—The Commission may approve, 

2 by rule or order, a proposed energy product reli3 ability standard, or modification to an energy prod4 uct reliability standard, if it determines that the en5 ergy product reliability standard is just, reasonable, 

6 not unduly discriminatory or preferential, and in the 

7 public interest. 

8 (3) INCLUDED STANDARDS.—In carrying out 

9 this section, the Energy Product Reliability Organi10 zation shall, at a minimum, establish energy product 

11 reliability standards relating to— 

12 (A) cybersecurity, including protocols for 

13 the reporting of cybersecurity incidents; 

14 (B) physical security; and 

15 (C) coordination of delivery and availability 

16 of energy products to ensure reliable electricity 

17 generation, including electricity generation that 

18 is needed to maintain electric transmission sys19 tem reliability. 

20 (4) CONSULTATION.—The Energy Product Re21 liability Organization shall consult with the Adminis22 trator of the Transportation Security Administration 

23 and the Secretary of Energy in developing energy 

24 product reliability standards relating to cybersecu25 rity for energy pipelines. 


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1 (5) TECHNICAL EXPERTISE.—The Commission 

2 shall give due weight to the technical expertise of the 

3 Energy Product Reliability Organization with re4 spect to the content of a proposed energy product 

5 reliability standard or modification to an energy 

6 product reliability standard, but shall not defer with 

7 respect to the effect of an energy product reliability 

8 standard on competition. 

9 (6) EFFECT.—A proposed energy product reli10 ability standard or modification to an energy prod11 uct reliability standard shall take effect upon ap12 proval by the Commission. 

13 (7) REMAND.—The Commission shall remand 

14 to the Energy Product Reliability Organization for 

15 further consideration a proposed energy product reli16 ability standard or a modification to an energy prod17 uct reliability standard that the Commission dis18 approves in whole or in part. 

19 (8) COMMISSION ORDER.—The Commission, 

20 upon its own motion or upon complaint, may order 

21 the Energy Product Reliability Organization to sub22 mit to the Commission a proposed energy product 

23 reliability standard or a modification to an energy 

24 product reliability standard that addresses a specific 

25 matter if the Commission considers such a new or 


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1 modified energy product reliability standard appro2 priate to carry out this section. 

3 (f) EMERGENCY ENERGY PRODUCT RELIABILITY

4 STANDARDS.— 

5 (1) IN GENERAL.—The Commission may estab6 lish or modify an energy product reliability standard 

7 to address continuing or foreseeable emergency con8 ditions if the Commission determines that— 

9 (A) the energy product reliability stand10 ards approved under subsection (e) do not ade11 quately provide for the reliable delivery of en12 ergy products through energy pipelines under 

13 such emergency conditions; and 

14 (B) the use of the process for developing 

15 energy product reliability standards pursuant to 

16 subsection (e) would not result in the establish17 ment or modification of an energy product reli18 ability standard that provides for the reliable 

19 delivery of energy products through energy 

20 pipelines under such conditions in a timely 

21 manner. 

22 (2) CONSULTATION.—Not later than 6 months 

23 after the effective date of an energy product reli24 ability standard established or modified under this 

25 subsection, the Commission shall consult with the 


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1 Energy Product Reliability Organization, the Admin2 istrator of the Transportation Security Administra3 tion, and any other Federal agency the Commission 

4 determines appropriate to determine whether such 

5 energy product reliability standard should remain in 

6 effect or be modified. 

7 (g) ENFORCEMENT.— 

8 (1) IN GENERAL.—The Energy Product Reli9 ability Organization may impose a penalty on a user, 

10 owner, or operator of an energy pipeline for a viola11 tion of an energy product reliability standard ap12 proved by the Commission under subsection (e) if 

13 the Energy Product Reliability Organization, after 

14 notice and an opportunity for a hearing— 

15 (A) finds that the user, owner, or operator 

16 has violated an energy product reliability stand17 ard approved by the Commission under sub18 section (e); and 

19 (B) files notice and the record of the pro20 ceeding with the Commission. 

21 (2) PROCEDURES.—A penalty imposed under 

22 paragraph (1) may take effect not earlier than the 

23 31st day after the Energy Product Reliability Orga24 nization files with the Commission notice of the pen25 alty and the record of proceedings. Such penalty 


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1 shall be subject to review by the Commission, on its 

2 own motion or upon application by the user, owner, 

3 or operator that is the subject of the penalty filed 

4 within 30 days after the date such notice is filed 

5 with the Commission. Application to the Commission 

6 for review, or the initiation of review by the Commis7 sion on its own motion, shall not operate as a stay 

8 of such penalty unless the Commission otherwise or9 ders upon its own motion or upon application by the 

10 user, owner, or operator that is the subject of such 

11 penalty. In any proceeding to review a penalty im12 posed under paragraph (1), the Commission, after 

13 notice and opportunity for hearing (which hearing 

14 may consist solely of the record before the Energy 

15 Product Reliability Organization and opportunity for 

16 the presentation of supporting reasons to affirm, 

17 modify, or set aside the penalty), shall by order af18 firm, set aside, reinstate, or modify the penalty, and, 

19 if appropriate, remand to the Energy Product Reli20 ability Organization for further proceedings. The 

21 Commission shall implement expedited procedures 

22 for such hearings. 

23 (3) COMMISSION ENFORCEMENT.—On its own 

24 motion or upon complaint, the Commission may 

25 order compliance with an energy product reliability 


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1 standard and may impose a penalty against a user, 

2 owner, or operator of an energy pipeline if the Com3 mission finds, after notice and opportunity for a 

4 hearing, that the user, owner, or operator of the en5 ergy pipeline has engaged or is about to engage in 

6 any acts or practices that constitute or will con7 stitute a violation of an energy product reliability 

8 standard. 

9 (4) PROTECTION OF INFORMATION.—Any no10 tice of enforcement or record pertaining to a viola11 tion of an energy product reliability standard relat12 ing to cybersecurity submitted to the Commission 

13 shall be deemed to be critical electric infrastructure 

14 information (as defined in section 215A of the Fed15 eral Power Act (16 U.S.C. 824o–1)). 

16 (5) EPRO COMPLIANCE.—The Commission 

17 may take such action as is necessary or appropriate 

18 against the Energy Product Reliability Organization 

19 to ensure compliance with an energy product reli20 ability standard or any Commission order affecting 

21 the Energy Product Reliability Organization. 

22 (6) CONSIDERATIONS.—Any penalty imposed 

23 under this section shall bear a reasonable relation to 

24 the seriousness of the violation and shall take into 


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1 consideration the efforts of the user, owner, or oper2 ator to remedy the violation in a timely manner. 

3 (h) CHANGES IN EPRO RULES.—The Energy Prod4 uct Reliability Organization shall, with respect to the rules 

5 of the Energy Product Reliability Organization, file with 

6 the Commission for approval any proposed rule or pro7 posed rule change, accompanied by an explanation of its 

8 basis and purpose. The Commission, upon its own motion 

9 or complaint, may propose a change to the rules of the 

10 Energy Product Reliability Organization. A proposed rule 

11 or proposed rule change shall take effect upon a finding 

12 by the Commission, after notice and opportunity for com13 ment, that the change is just, reasonable, not unduly dis14 criminatory or preferential, is in the public interest, and 

15 satisfies the requirements of subsection (d). 

16 (i) RELIABILITY REPORTS.—The Energy Product 

17 Reliability Organization shall conduct and submit to the 

18 Committee on Energy and Commerce of the House of 

19 Representatives and the Committee on Energy and Nat20 ural Resources of the Senate periodic assessments of the 

21 reliable delivery of energy products through energy pipe22 lines in North America. 

23 (j) SAVINGS PROVISIONS.— 

24 (1) CONSTRUCTION.—This section does not au25 thorize the Energy Product Reliability Organization 


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1 or the Commission to order the construction of addi2 tional energy pipelines or to set and enforce compli3 ance with standards for adequacy or safety of energy 

4 pipelines or services. 

5 (2) STATE AUTHORITY.— 

6 (A) IN GENERAL.—Nothing in this section 

7 shall be construed to preempt any authority of 

8 any State to take action to ensure the reliable 

9 delivery of energy products through energy 

10 pipelines within that State, as long as such ac11 tion is not inconsistent with any energy product 

12 reliability standard. 

13 (B) STATE ACTION.—Not later than 90 

14 days after the application of the Energy Prod15 uct Reliability Organization or other affected 

16 party, and after notice and opportunity for 

17 comment, the Commission shall issue a final 

18 order determining whether a State action is in19 consistent with an energy product reliability 

20 standard, taking into consideration any rec21 ommendation of the Energy Product Reliability 

22 Organization. 

23 (C) STAY OF EFFECTIVENESS.—The Com24 mission, after consultation with the Energy 

25 Product Reliability Organization and the State 


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1 taking action, may stay the effectiveness of any 

2 State action, pending the Commission’s 

3 issuance of a final order. 

Æ 


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