IB 
Union Calendar No. 256 
119TH CONGRESS 
1ST SESSION H. R. 3616 
[Report No. 119–302] 
To require the Federal Energy Regulatory Commission to review regulations 
that may affect the reliable operation of the bulk-power system. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 29, 2025 
Mr. BALDERSON (for himself, Mr. WEBER of Texas, and Ms. FEDORCHAK) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
SEPTEMBER 17, 2025 
Additional sponsors: Mr. CARTER of Georgia, Mrs. MILLER of West Virginia, 
Mrs. HARSHBARGER, Mr. ALLEN, Mr. JOYCE of Pennsylvania, Mr. 
DOWNING, Mr. RULLI, Mr. LANGWORTHY, Mr. BILIRAKIS, Mr. 
BRESNAHAN, Mr. GRIFFITH, Mr. MOORE of North Carolina, Mr. HUD-
SON, Mr. MEUSER, Mrs. MILLER-MEEKS, Mr. MANN, Mr. MCDOWELL, 
and Mr. ONDER 
SEPTEMBER 17, 2025 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 29, 2025] 
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A BILL 
To require the Federal Energy Regulatory Commission to 
review regulations that may affect the reliable operation 
of the bulk-power system. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reliable Power Act’’. 
SEC. 2. COMMISSION REVIEW AND COMMENT FOR COVERED 
AGENCY ACTIONS. 
Section 215 of the Federal Power Act (16 U.S.C. 824o) 
is amended— 
(1) in subsection (g)— 
(A) by striking ‘‘The ERO’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The ERO’’; and 
(B) by adding at the end the following: 
‘‘(2) ANNUAL LONG-TERM ASSESSMENT.—The as-
sessments under paragraph (1) shall include an an-
nual long-term assessment, which shall include— 
‘‘(A) an analysis of the ability of the bulk- 
power system to supply sufficient electric energy 
necessary to maintain an adequate level of reli-
ability, taking into account generation resource 
mix, transmission development, and electric en-
ergy demand trends; 
‘‘(B) an analysis of the risk of future elec-
tric energy supply shortfalls under normal and 
extreme weather conditions, and the risk of any 
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such shortfalls within each region of the bulk- 
power system; and 
‘‘(C) a determination of whether additional 
generation resources are necessary to supply suf-
ficient electric energy to maintain an adequate 
level of reliability during the assessment period. 
‘‘(3) NOTICE OF GENERATION INADEQUACY.—In 
conducting a long-term assessment under paragraph 
(2), if the ERO finds that the bulk-power system is 
at risk of not having adequate generation resources to 
supply sufficient electric energy to maintain an ade-
quate level of reliability, the ERO shall publicly no-
tify the Commission that the bulk-power system is in 
a state of generation inadequacy. 
‘‘(4) DATA
COLLECTION.—To conduct a long- 
term assessment under paragraph (2), the ERO may 
collect information and data from users, owners, and 
operators of the bulk-power system.’’; 
(2) by redesignating subsections (h) through (k) 
as subsections (i) through (l), respectively; and 
(3) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) COMMISSION REVIEW AND COMMENT FOR COV-
ERED AGENCY ACTIONS.— 
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‘‘(1) NOTICE
TO
FEDERAL
AGENCIES.—If the 
ERO notifies the Commission under subsection (g)(3) 
that the bulk-power system is in a state of generation 
inadequacy, the Commission shall promptly notify the 
Department of Energy, the Environmental Protection 
Agency, and any other Federal agency the Commis-
sion determines appropriate of such state of genera-
tion inadequacy. 
‘‘(2) SUBMISSION.—Upon receiving notice under 
paragraph (1), the head of each Federal agency that 
received such notice shall provide to the Commission 
for review and comment any covered agency action by 
the Federal agency— 
‘‘(A) on the first date on which such covered 
agency action is provided to the Office of Man-
agement and Budget or any other Federal agen-
cy for review and comment; or 
‘‘(B) if such covered agency action is not 
provided to the Office of Management and Budg-
et or any other Federal agency for review and 
comment, not later than 90 days before the date 
on which the covered agency action is published 
in the Federal Register or is otherwise made 
available for public inspection or comment. 
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‘‘(3) COMMISSION COMMENTS.—The Commission, 
in consultation with the ERO and transmission orga-
nizations, shall, by order, provide to the agency head 
that provided to the Commission a covered agency ac-
tion under paragraph (2)— 
‘‘(A) comments on such covered agency ac-
tion, which such comments may include an as-
sessment of the effect of the covered agency action 
on rates, terms, and conditions for services pur-
suant to the authority of the Commission under 
sections 201 and 206; and 
‘‘(B) if applicable, recommendations for 
modifications to the covered agency action to 
prevent a significant negative impact on the 
ability of the bulk-power system to supply suffi-
cient electric energy necessary to maintain an 
adequate level of reliability. 
‘‘(4) AGENCY RESPONSE.—The head of a Federal 
agency may not finalize a covered agency action that 
is provided to the Commission under paragraph (2) 
until— 
‘‘(A) the agency head responds in writing to 
the Commission with an explanation of how the 
agency head modified, or why the agency head 
determined not to modify, such covered agency 
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action in response to any comments and rec-
ommendations provided by the Commission 
under paragraph (3); and 
‘‘(B) the Commission finds that the covered 
agency action will not be likely to have a signifi-
cant negative impact on the ability of the bulk- 
power system to supply sufficient electric energy 
necessary to maintain an adequate level of reli-
ability. 
‘‘(5) PUBLIC AVAILABILITY OF COMMENTS AND 
RESPONSES.—An agency head shall include any com-
ments, recommendations, and responses for the cov-
ered agency action when— 
‘‘(A) submitting the covered agency action 
to the Federal Register for publication; or 
‘‘(B) otherwise making the covered agency 
action available for public inspection or com-
ment. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED AGENCY ACTION.—The term 
‘covered agency action’ means a regulation 
that— 
‘‘(i) relates to, or otherwise directly af-
fects, any generation resource in the bulk- 
power system; and 
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‘‘(ii) is under development to be pro-
posed or otherwise under consideration in a 
rulemaking prior to finalization on the date 
on which the Federal agency receives notice 
from the Commission under paragraph (1). 
‘‘(B) FEDERAL AGENCY.—The term ‘Federal 
agency’ means an Executive department (as that 
term is defined in section 101 of title 5, United 
States Code) or any other Executive agency that 
is in the President’s cabinet.’’. 
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Union Calendar No. 256 
119TH CONGRESS 
1ST SESSION 
H. R. 3616 
[Report No. 119–302] 
A BILL 
To require the Federal Energy Regulatory Commis-
sion to review regulations that may affect the re-
liable operation of the bulk-power system. 
SEPTEMBER 17, 2025 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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