II 

114TH CONGRESS 

1ST SESSION S. 848 

To clarify that compliance with an emergency order under the Federal Power 

Act may not be considered a violation of any Federal, State, or local 

environmental law or regulation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2015 

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 clarify that compliance with an emergency order under 

the Federal Power Act may not be considered a violation 

of any Federal, State, or local environmental law or 

regulation, 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 ‘‘Resolving Environ5 mental and Grid Reliability Conflicts Act of 2015’’. 

6 SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT. 

7 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON8 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 


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

2 824a(c)) is amended— 

3 (1) in the first sentence, by striking ‘‘(c) Dur4 ing’’ and inserting the following: 

5 ‘‘(c) AUTHORIZATION DURING WAR OR EMER6 GENCY.— 

7 ‘‘(1) IN GENERAL.—During’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) LIMITATION AS RESULT OF CONFLICT

10 WITH ENVIRONMENTAL LAW.—With respect to an 

11 order issued under this subsection that may result in 

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

13 or local environmental law (including regulations), 

14 the Commission shall ensure that the order— 

15 ‘‘(A) requires generation, delivery, inter16 change, or transmission of electric energy only 

17 during hours necessary to meet the emergency 

18 and serve the public interest; and 

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

20 ‘‘(i) is consistent with any applicable 

21 Federal, State, or local environmental law 

22 (including regulations); and 

23 ‘‘(ii) minimizes any adverse environ24 mental impacts. 


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1 ‘‘(3) COMPLIANCE NOT CONSIDERED VIOLATION

2 OF OTHER LAW.—To the extent that any omission 

3 or action taken by a party that is necessary to com4 ply with an order issued under this subsection, in5 cluding any omission or action taken to voluntarily 

6 comply with the order, results in noncompliance 

7 with, or causes the party to not comply with, any 

8 Federal, State, or local environmental law (including 

9 regulations), the omission or action shall not— 

10 ‘‘(A) be considered a violation of that envi11 ronmental law (including regulations); or 

12 ‘‘(B) subject the party to any requirement, 

13 civil or criminal liability, or a citizen suit under 

14 that environmental law or regulation. 

15 ‘‘(4) EXPIRATION OF ORDER; RENEWAL.— 

16 ‘‘(A) EXPIRATION.—An order issued under 

17 this subsection that may result in a conflict as 

18 described in paragraph (3) shall expire not later 

19 than 90 days after that order is issued. 

20 ‘‘(B) RENEWAL.—The Commission may 

21 renew or reissue an order described in subpara22 graph (A) pursuant to paragraphs (1) and (2) 

23 for subsequent periods, not to exceed 90 days 

24 for each period, as the Commission determines 


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1 necessary to meet the emergency and serve the 

2 public interest. 

3 ‘‘(C) CONSULTATION.—In renewing or re4 issuing an order under subparagraph (A) or 

5 (B), the Commission— 

6 ‘‘(i) shall consult with the primary 

7 Federal agency with expertise in the envi8 ronmental interest protected by the law or 

9 regulation in conflict; and 

10 ‘‘(ii)(I) shall include in any renewed 

11 or reissued order such conditions as that 

12 Federal agency determines necessary to 

13 minimize any adverse environmental im14 pacts to the maximum extent practicable; 

15 or 

16 ‘‘(II) may exclude from the renewed 

17 or reissued order any condition if the Com18 mission— 

19 ‘‘(aa) determines the condition 

20 would prevent the order from ade21 quately addressing the emergency ne22 cessitating the order; and 

23 ‘‘(bb) provides in the order, or 

24 otherwise makes publicly available, an 

25 explanation of that determination. 


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1 ‘‘(D) PUBLIC AVAILABILITY.—Any condi2 tions submitted by the Federal agency under 

3 subparagraph (C)(ii) shall be made available to 

4 the public. 

5 ‘‘(5) EFFECT OF COURT ACTION.—If an order 

6 issued under this subsection is subsequently stayed, 

7 modified, or set aside by a court pursuant to section 

8 313 or any other provision of law, any omission or 

9 action previously taken by a party that was nec10 essary to comply with the order while the order was 

11 in effect, including any omission or action taken to 

12 voluntarily comply with the order, shall remain sub13 ject to paragraph (3).’’. 

14 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

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

16 Act (16 U.S.C. 824a(d)) is amended in the matter pre17 ceding the first proviso by inserting ‘‘or municipality’’ be18 fore ‘‘engaged in the transmission or sale of electric en19 ergy’’. 

Æ 


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