I 
118TH CONGRESS 
2D SESSION H. R. 10068 
To amend the Federal Power Act to require generating facilities to provide 
advance notices for retiring electric generating units, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 29, 2024 
Mr. GRIFFITH introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Power Act to require generating facili-
ties to provide advance notices for retiring electric gener-
ating units, 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. FURNISHING OF ADEQUATE SERVICE; RETIR-
ING ELECTRIC GENERATING UNITS. 
Section 207 of the Federal Power Act (16 U.S.C. 
824f) is amended to read as follows: 
‘‘SEC. 207. FURNISHING OF ADEQUATE SERVICE; ADVANCE 
NOTICE OF PLANNED RETIREMENTS. 
‘‘(a) FURNISHING OF ADEQUATE SERVICE.— 
VerDate Sep 11 2014 
18:26 Oct 30, 2024
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H10068.IH
H10068
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(1) IN GENERAL.—Whenever the Commission, 
upon complaint of a State commission, the Electric 
Reliability Organization, or a transmission organiza-
tion, after notice to each State commission and pub-
lic utility affected and after opportunity for hearing 
within 90 days of receipt of such complaint, finds 
that any interstate service of any public utility is in-
adequate or insufficient, or is likely to become inad-
equate or insufficient within 5 years of receiving 
such complaint, the Commission shall determine the 
proper, adequate, or sufficient service to be fur-
nished, and shall fix the same by its order, rule or 
regulation subject to the requirements in paragraph 
(2). 
‘‘(2) REQUIREMENTS.—In issuing an order, 
rule, or regulation pursuant to paragraph (1), the 
Commission shall— 
‘‘(A) have no authority to— 
‘‘(i) compel the enlargement of appli-
cable generating facilities; or 
‘‘(ii) compel the applicable public util-
ity to sell or exchange electric energy when 
to do so would impair its ability to render 
adequate service to its customers; 
VerDate Sep 11 2014 
18:26 Oct 30, 2024
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H10068.IH
H10068
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(B) determine which applicable public 
utility or State commission will be required to 
pay for additional costs associated with the con-
tinued operation of electric generating units or 
the construction of additional facilities used for 
the transmission of electric energy in interstate 
commerce; and 
‘‘(C) establish cost-based compensation to 
be paid to the electric generating units that will 
continue to operate, and the appropriate com-
pensation and cost allocation for any new trans-
mission facilities. 
‘‘(3) EFFECTIVE DATES.— 
‘‘(A) IN GENERAL.—An order, rule, or reg-
ulation issued pursuant to paragraph (1) that 
compels the operation of any electric generating 
unit shall take effect for 5 years following the 
date of issuance of such order, rule, or regula-
tion. 
‘‘(B) REQUEST
FOR
REISSUANCE.—Not 
later than the date that is 180 days prior to the 
date on which an order, rule, or regulation de-
scribed in subparagraph (A) expires, the Elec-
tric Reliability Organization or the applicable 
State commission or transmission organization 
VerDate Sep 11 2014 
18:26 Oct 30, 2024
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H10068.IH
H10068
ssavage on LAPJG3WLY3PROD with BILLS
results in noncompliance with or causes such entity 
to not comply with any Federal, State, or local envi-
ronmental law or regulation, such omission or action 
shall not— 
‘‘(A) be considered a violation of such envi-
ronmental law or regulation; or 
‘‘(B) subject such entity to any require-
ment, civil or criminal liability, or a citizen suit 
under such environmental law or regulation. 
‘‘(b) ADVANCE
NOTICE
OF
PLANNED
RETIRE-
MENTS.— 
‘‘(1) IN GENERAL.—In the event an owner or 
operator of a generating facility plans to retire an 
electric generating unit, such owner or operator shall 
submit to the Commission, the Electric Reliability 
Organization, and the applicable State commission 
and transmission organization a notice of such plans 
not later than 5 years prior to the date on which 
such owner or operator plans to retire such electric 
generating unit. 
‘‘(2) UNPLANNED
RETIREMENTS.—An owner 
and operator of a generating facility that retires an 
electric generating unit due to an unplanned catas-
trophe, emergency, disaster, or similar event that 
has rendered such electric generating unit inoperable 
VerDate Sep 11 2014 
18:26 Oct 30, 2024
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H10068.IH
H10068
ssavage on LAPJG3WLY3PROD with BILLS
is not subject to the notice requirement described in 
paragraph (1). 
‘‘(3) PUBLICLY AVAILABLE.—The Commission 
shall make publicly available the submitted notice 
described in paragraphs (1) and (2), as applicable. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk- 
power system’ has the meaning given such term in 
section 215. 
‘‘(2) ELECTRIC GENERATING UNIT.—The term 
‘electric generating unit’ means an electric energy 
producing unit that is a component of a generating 
facility that— 
‘‘(A) has a power production capacity of 
not less than 5 megawatts; or 
‘‘(B) incidentally produces not less than 5 
megawatts of electric energy for the bulk-power 
system. 
‘‘(3) ELECTRIC RELIABILITY ORGANIZATION.— 
The term ‘Electric Reliability Organization’ has the 
meaning given such term in section 215(a). 
‘‘(4) GENERATING FACILITY.—The term ‘gener-
ating facility’ means a single facility— 
‘‘(A) with one or more electric generating 
units; and 
VerDate Sep 11 2014 
18:26 Oct 30, 2024
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H10068.IH
H10068
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(B) that produces electric energy for the 
bulk-power system. 
‘‘(5) RETIRE.—The term ‘retire’, with respect 
to an electric generating unit, means to, for an in-
definite period of time— 
‘‘(A) idle the electric generating unit; 
‘‘(B) disconnect the electric generating 
unit from the bulk-power system; or 
‘‘(C) otherwise make unavailable for sale 
all electric energy that is generated by the elec-
tric generating unit.’’. 
SEC. 2. ELECTRIC RELIABILITY. 
Section 215 of the Federal Power Act (16 U.S.C. 
824o) is amended by adding at the end the following: 
‘‘(l) ELECTRIC GENERATING UNIT RETIREMENT.— 
Upon receipt of a notice of a plan to retire an electric 
generating unit under section 207(b)(1), the Electric Reli-
ability Organization shall file a complaint with the Com-
mission pursuant to section 207(a)(1) if the Electric Reli-
ability Organization determines that such plan will be a 
violation of a reliability standard or a reliability planning 
requirement.’’. 
Æ 
VerDate Sep 11 2014 
18:26 Oct 30, 2024
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H10068.IH
H10068
ssavage on LAPJG3WLY3PROD with BILLS