(ii) equitably allocate reasonable dues, 
fees, and other charges among end users 
for all activities under this section; 
(iii) provide fair and impartial proce-
dures for enforcement of energy product 
reliability standards through the imposition 
of penalties in accordance with subsection 
(g) (including limitations on activities, 
functions, or operations, or other appro-
priate sanctions); 
(iv) provide for reasonable notice and 
opportunity for public comment, due proc-
ess, openness, and balance of interests in 
developing energy product reliability stand-
ards and otherwise exercising its duties; 
and 
(v) provide for taking, after certifi-
cation, appropriate steps to gain recogni-
tion in Canada and Mexico. 
(e) ENERGY PRODUCT RELIABILITY STANDARDS.— 
(1) FILING.—The Energy Product Reliability 
Organization shall file each energy product reliability 
standard, or modification to an energy product reli-
ability standard, that is proposed to be made effec-
tive under this section with the Commission. 
VerDate Sep 11 2014 
23:25 Dec 08, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6084.IH
H6084
pbinns on DSKJLVW7X2PROD with BILLS
(2) APPROVAL.—The Commission may approve, 
by rule or order, a proposed energy product reli-
ability standard, or modification to an energy prod-
uct reliability standard, if it determines that the en-
ergy product reliability standard is just, reasonable, 
not unduly discriminatory or preferential, and in the 
public interest. 
(3) INCLUDED
STANDARDS.—In carrying out 
this section, the Energy Product Reliability Organi-
zation shall, at a minimum, establish energy product 
reliability standards relating to— 
(A) cybersecurity, including protocols for 
the reporting of cybersecurity incidents; 
(B) physical security; and 
(C) coordination of delivery and availability 
of energy products to ensure reliable electricity 
generation, including electricity generation that 
is needed to maintain electric transmission sys-
tem reliability. 
(4) CONSULTATION.—The Energy Product Re-
liability Organization shall consult with the Adminis-
trator of the Transportation Security Administration 
and the Secretary of Energy in developing energy 
product reliability standards relating to cybersecu-
rity for energy pipelines. 
VerDate Sep 11 2014 
23:25 Dec 08, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6084.IH
H6084
pbinns on DSKJLVW7X2PROD with BILLS
(5) TECHNICAL EXPERTISE.—The Commission 
shall give due weight to the technical expertise of the 
Energy Product Reliability Organization with re-
spect to the content of a proposed energy product 
reliability standard or modification to an energy 
product reliability standard, but shall not defer with 
respect to the effect of an energy product reliability 
standard on competition. 
(6) EFFECT.—A proposed energy product reli-
ability standard or modification to an energy prod-
uct reliability standard shall take effect upon ap-
proval by the Commission. 
(7) REMAND.—The Commission shall remand 
to the Energy Product Reliability Organization for 
further consideration a proposed energy product reli-
ability standard or a modification to an energy prod-
uct reliability standard that the Commission dis-
approves in whole or in part. 
(8) COMMISSION
ORDER.—The Commission, 
upon its own motion or upon complaint, may order 
the Energy Product Reliability Organization to sub-
mit to the Commission a proposed energy product 
reliability standard or a modification to an energy 
product reliability standard that addresses a specific 
matter if the Commission considers such a new or 
VerDate Sep 11 2014 
23:25 Dec 08, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6084.IH
H6084
pbinns on DSKJLVW7X2PROD with BILLS
modified energy product reliability standard appro-
priate to carry out this section. 
(f) EMERGENCY ENERGY PRODUCT RELIABILITY 
STANDARDS.— 
(1) IN GENERAL.—The Commission may estab-
lish or modify an energy product reliability standard 
to address continuing or foreseeable emergency con-
ditions if the Commission determines that— 
(A) the energy product reliability stand-
ards approved under subsection (e) do not ade-
quately provide for the reliable delivery of en-
ergy products through energy pipelines under 
such emergency conditions; and 
(B) the use of the process for developing 
energy product reliability standards pursuant to 
subsection (e) would not result in the establish-
ment or modification of an energy product reli-
ability standard that provides for the reliable 
delivery of energy products through energy 
pipelines under such conditions in a timely 
manner. 
(2) CONSULTATION.—Not later than 6 months 
after the effective date of an energy product reli-
ability standard established or modified under this 
subsection, the Commission shall consult with the 
VerDate Sep 11 2014 
23:25 Dec 08, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6084.IH
H6084
pbinns on DSKJLVW7X2PROD with BILLS
Energy Product Reliability Organization, the Admin-
istrator of the Transportation Security Administra-
tion, and any other Federal agency the Commission 
determines appropriate to determine whether such 
energy product reliability standard should remain in 
effect or be modified. 
(g) ENFORCEMENT.— 
(1) IN GENERAL.—The Energy Product Reli-
ability Organization may impose a penalty on a user, 
owner, or operator of an energy pipeline for a viola-
tion of an energy product reliability standard ap-
proved by the Commission under subsection (e) if 
the Energy Product Reliability Organization, after 
notice and an opportunity for a hearing— 
(A) finds that the user, owner, or operator 
has violated an energy product reliability stand-
ard approved by the Commission under sub-
section (e); and 
(B) files notice and the record of the pro-
ceeding with the Commission. 
(2) PROCEDURES.—A penalty imposed under 
paragraph (1) may take effect not earlier than the 
31st day after the Energy Product Reliability Orga-
nization files with the Commission notice of the pen-
alty and the record of proceedings. Such penalty 
VerDate Sep 11 2014 
23:25 Dec 08, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6084.IH
H6084
pbinns on DSKJLVW7X2PROD with BILLS
shall be subject to review by the Commission, on its 
own motion or upon application by the user, owner, 
or operator that is the subject of the penalty filed 
within 30 days after the date such notice is filed 
with the Commission. Application to the Commission 
for review, or the initiation of review by the Commis-
sion on its own motion, shall not operate as a stay 
of such penalty unless the Commission otherwise or-
ders upon its own motion or upon application by the 
user, owner, or operator that is the subject of such 
penalty. In any proceeding to review a penalty im-
posed under paragraph (1), the Commission, after 
notice and opportunity for hearing (which hearing 
may consist solely of the record before the Energy 
Product Reliability Organization and opportunity for 
the presentation of supporting reasons to affirm, 
modify, or set aside the penalty), shall by order af-
firm, set aside, reinstate, or modify the penalty, and, 
if appropriate, remand to the Energy Product Reli-
ability Organization for further proceedings. The 
Commission shall implement expedited procedures 
for such hearings. 
(3) COMMISSION ENFORCEMENT.—On its own 
motion or upon complaint, the Commission may 
order compliance with an energy product reliability 
VerDate Sep 11 2014 
23:25 Dec 08, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6084.IH
H6084
pbinns on DSKJLVW7X2PROD with BILLS