II 

113TH CONGRESS 

2D SESSION S. 2620 

To amend the Federal Power Act to improve the reliability of the electric 

transmission grid, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2014 

Mrs. MCCASKILL (for herself and Mr. BLUNT) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Federal Power Act to improve the reliability 

of the electric transmission grid, 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 ‘‘Grid Reliability Act 

5 of 2014’’. 

6 SEC. 2. GRID RELIABILITY. 

7 (a) COMPLIANCE UNDER EMERGENCY ORDERS.— 

8 Section 202(c) of the Federal Power Act (16 U.S.C. 

9 824a(c)) is amended— 


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•S 2620 IS

1 (1) by striking ‘‘(c) During’’ and inserting the 

2 following: 

3 ‘‘(c) TEMPORARY CONNECTION AND EXCHANGE OF

4 FACILITIES DURING EMERGENCY.— 

5 ‘‘(1) IN GENERAL.—During’’; 

6 (2) by striking ‘‘If the parties’’ and inserting 

7 the following: 

8 ‘‘(2) TERMS.—If the parties’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(3) ADMINISTRATION OF ORDERS CON11 FLICTING WITH OTHER LAWS.—In the case of an 

12 order issued under this subsection that may result in 

13 a conflict with a requirement of any Federal, State, 

14 or local environmental law (including a regulation), 

15 the Commission shall ensure that the order— 

16 ‘‘(A) requires generation, delivery, inter17 change, or transmission of electric energy only 

18 during hours necessary to meet the emergency 

19 and serve the public interest; and 

20 ‘‘(B) to the maximum extent practicable— 

21 ‘‘(i) is consistent with any applicable 

22 Federal, State, or local environmental law 

23 (including a regulation); and 

24 ‘‘(ii) minimizes any adverse environ25 mental impacts. 


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1 ‘‘(4) APPLICABILITY OF OTHER LAWS CON2 FLICTING WITH ORDERS.—To the extent that an 

3 omission or action taken by a party to comply with 

4 an order issued under this subsection (including any 

5 omission or action taken to voluntarily comply with 

6 the order) results in noncompliance with, or causes 

7 a party to not comply with, any Federal, State, or 

8 local environmental law (including a regulation), the 

9 omission or action shall not be subject to any re10 quirement, civil or criminal liability, or a citizen suit 

11 under the environmental law (or regulation). 

12 ‘‘(5) RENEWAL OR REISSUANCE OF ORDERS

13 CONFLICTING WITH OTHER LAWS.— 

14 ‘‘(A) IN GENERAL.—An order issued under 

15 this subsection that may result in a conflict 

16 with a requirement of any Federal, State, or 

17 local environmental law (including a regulation) 

18 shall expire not later than 90 days after the 

19 date the order is issued. 

20 ‘‘(B) RENEWAL OR REISSUANCE OF OR21 DERS.—The Commission may renew or reissue 

22 the order in accordance with this subsection for 

23 subsequent periods of not to exceed 90 days for 

24 each period, as the Commission determines necVerDate Mar 15 2010 02:29 Jul 23, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2620.IS S2620

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1 essary to meet the emergency and serve the 

2 public interest. 

3 ‘‘(C) ADMINISTRATION.—In renewing or 

4 reissuing an order under this paragraph, the 

5 Commission shall— 

6 ‘‘(i) consult with the primary Federal 

7 agency with expertise in the environmental 

8 interest protected by the law (or regula9 tion); and 

10 ‘‘(ii) include in the renewed or re11 issued order such conditions as such Fed12 eral agency determines necessary to mini13 mize any adverse environmental impacts, 

14 to the maximum extent practicable. 

15 ‘‘(D) PUBLIC AVAILABILITY.—Any condi16 tions submitted by a Federal agency described 

17 in subparagraph (C)(i) shall be made available 

18 to the public. 

19 ‘‘(E) EXCLUSION OF CONDITIONS.—The 

20 Commission may exclude a condition described 

21 in subparagraph (D) from the renewed or re22 issued order if the Commission— 

23 ‘‘(i) determines that the condition 

24 would prevent the order from adequately 


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1 addressing the emergency necessitating the 

2 order; and 

3 ‘‘(ii) provides in the order, or other4 wise makes publicly available, an expla5 nation of the determination. 

6 ‘‘(6) ORDERS THAT ARE STAYED, MODIFIED, OR

7 SET ASIDE.—If an order issued under this sub8 section is subsequently stayed, modified, or set aside 

9 by a court pursuant to section 313 or any other pro10 vision of law, any omission or action previously 

11 taken by a party that was necessary to comply with 

12 the order while the order was in effect (including 

13 any omission or action taken to voluntarily comply 

14 with the order) shall remain subject to paragraph 

15 (4).’’. 

16 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

17 MUNICIPALITIES.—Section 202(d) of the Federal Power 

18 Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu19 nicipality’’ after ‘‘any person’’. 

Æ 


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