I 
117TH CONGRESS 
2D SESSION 
H. R. 8302 
To direct the Federal Energy Regulatory Commission to issue a rule enhanc-
ing Regional Transmission Organization and Independent System Oper-
ator independence and responsiveness, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 7, 2022 
Mr. CASTEN (for himself and Mr. WELCH) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To direct the Federal Energy Regulatory Commission to 
issue a rule enhancing Regional Transmission Organiza-
tion and Independent System Operator independence and 
responsiveness, and for other purposes. 
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 ‘‘Empowering RTO 
Stakeholders Act of 2022’’. 
SEC. 2. RTO AND ISO INDEPENDENCE. 
(a) TECHNICAL CONFERENCE.—Not later than 180 
days after the date of enactment of this section, the Fed-
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eral Energy Regulatory Commission shall convene a tech-
nical conference to consider Regional Transmission Orga-
nization and Independent System Operator independence, 
and the responsiveness of RTOs and ISOs to their cus-
tomers and stakeholders, including the effectiveness of 
stakeholder policies and procedures adopted in compliance 
with Order 719, issued by the Commission on October 17, 
2008, and published in the Federal Register on October 
28, 2008, as the final rule entitled ‘‘Wholesale Competi-
tion in Regions with Organized Electricity Markets’’ (73 
Fed. Reg. 64099). 
(b) PARTICIPATION.—The technical conference shall 
be led by members of the Commission, and the Commis-
sion shall invite participation from representatives of each 
RTO and ISO, owners and operators of transmission fa-
cilities, owners and operators of electric generation facili-
ties, owners and operators of distributed energy genera-
tion systems, end-use customers, electric power marketers, 
publicly owned electric utilities, consumer advocates, envi-
ronmental justice advocates, environmental groups, State 
commissions, and such other stakeholders as the Commis-
sion determines appropriate. 
(c) TOPICS.—In conducting the technical conference, 
the Commission shall seek to identify policies and prac-
tices that maintain RTO and ISO independence, and en-
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hance the responsiveness of RTOs and ISOs to their cus-
tomers and other stakeholders, taking into consider-
ation— 
(1) the benefits of greater transparency in RTO 
and ISO stakeholder processes, including access by 
stakeholders to relevant data and written back-
ground materials; 
(2) barriers to participation in such stakeholder 
processes for new market participants and other 
non-incumbent stakeholders; 
(3) the need for periodic, independent review of 
RTO and ISO stakeholder policies and procedures; 
(4) power imbalances between incumbent and 
non-incumbent stakeholders, including whether cur-
rent RTO and ISO membership rules, sectoral des-
ignations, and voting procedures allow for adequate 
representation of all stakeholder views; 
(5) whether and how RTOs and ISOs should 
take State public policy objectives into consideration 
as part of such stakeholder processes; 
(6) whether existing RTO and ISO decision- 
making processes are sufficiently independent from 
the control of any market participant or class of par-
ticipants; 
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(7) the role of the Office of Public Participation 
in facilitating greater stakeholder participation in 
RTOs and ISOs; and 
(8) such other subjects as the Commission con-
siders appropriate. 
(d) PUBLIC COMMENT.—The Commission shall pro-
vide an opportunity for public comment on the technical 
conference. 
(e) RULEMAKING.—Not later than 12 months after 
the conclusion of the technical conference, the Commission 
shall issue a final rule adopting such policies and proce-
dures as the Commission determines necessary to main-
tain the independence of RTOs and ISOs, and to enhance 
the transparency and responsiveness of RTOs and ISOs 
to their customers and other stakeholders. 
(f) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) FEDERAL POWER ACT DEFINITIONS.—The 
terms ‘‘electric utility’’, ‘‘Independent System Oper-
ator’’, ‘‘ISO’’, ‘‘Regional Transmission Organiza-
tion’’, ‘‘RTO’’, and ‘‘State commission’’ have the 
meanings given such terms in section 3 of the Fed-
eral Power Act (16 U.S.C. 796). 
Æ 
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