IB 
Union Calendar No. 425 
112TH CONGRESS 
2D SESSION 
H. R. 4273 
[Report No. 112–586] 
To clarify that compliance with an emergency order under section 202(c) 
of 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 HOUSE OF REPRESENTATIVES 
MARCH 28, 2012 
Mr. OLSON (for himself, Mr. DOYLE, Mr. TERRY, Mr. GENE GREEN of Texas, 
Mr. KINZINGER of Illinois, and Mr. GONZALEZ) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
JULY 9, 2012 
Additional sponsors: Mr. BARTON of Texas, Mr. COSTELLO, Mr. OWENS, Mr. 
LATTA, Mr. LONG, Mr. SULLIVAN, Mr. CANSECO, Mr. LANKFORD, Mr. 
BARROW, Mr. WHITFIELD, Mr. POMPEO, Mr. GINGREY of Georgia, and 
Mr. MURPHY of Pennsylvania 
JULY 9, 2012 
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] 
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS
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 ‘‘Resolving Environ-
mental and Grid Reliability Conflicts Act of 2012’’. 
SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT. 
(a) COMPLIANCE WITH OR VIOLATION OF ENVIRON-
MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 
Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: ‘‘An 
order issued under this section should require gen-
eration, delivery, interchange, or transmission of 
electric energy only during times necessary to meet 
the emergency and serve the public interest, and, to 
the extent reasonable, be consistent with any other 
applicable Federal law, including any environmental 
law or regulation, and endeavor to minimize any ad-
verse environmental impacts. 
‘‘(2)(A) To the extent any omission or action taken 
by a party, which is necessary to comply with an order 
issued under paragraph (1), including any omission or ac-
tion taken to voluntarily comply with such order, results 
in noncompliance with, or causes such party to not comply 
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6401
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS
with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered 
a violation of such environmental law or regulation, or 
subject such party to any requirement, civil or criminal 
liability, or a citizen suit under such environmental law 
or regulation. 
‘‘(B) In this paragraph, the term ‘environmental law’ 
does not include the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 651 et seq.).’’. 
(b) TEMPORARY CONNECTION OR CONSTRUCTION BY 
MUNICIPALITIES.—Section 202(d) of the Federal Power 
Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu-
nicipality’’ before ‘‘engaged in the transmission or sale of 
electric energy’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Resolving Environ-
mental and Grid Reliability Conflicts Act of 2012’’. 
SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT. 
(a) COMPLIANCE WITH OR VIOLATION OF ENVIRON-
MENTAL LAWS WHILE UNDER EMERGENCY ORDER.—Sec-
tion 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) 
is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS
‘‘(2) With respect to an order issued under this sub-
section that may result in a conflict with a requirement 
of any Federal, State, or local environmental law or regula-
tion, the Commission shall ensure that such order requires 
generation, delivery, interchange, or transmission of electric 
energy only during hours necessary to meet the emergency 
and serve the public interest, and, to the maximum extent 
practicable, is consistent with any applicable Federal, 
State, or local environmental law or regulation and mini-
mizes any adverse environmental impacts. 
‘‘(3) To the extent any omission or action taken by 
a party, that is necessary to comply with an order issued 
under this subsection, including any omission or action 
taken to voluntarily comply with such order, results in non-
compliance with, or causes such party to not comply with, 
any Federal, State, or local environmental law or regula-
tion, such omission or action shall not be considered a viola-
tion of such environmental law or regulation, or subject 
such party to any requirement, civil or criminal liability, 
or a citizen suit under such environmental law or regula-
tion. 
‘‘(4)(A) An order issued under this subsection that 
may result in a conflict with a requirement of any Federal, 
State, or local environmental law or regulation shall expire 
not later than 90 days after it is issued. The Commission 
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS
may renew or reissue such order pursuant to paragraphs 
(1) and (2) for subsequent periods, not to exceed 90 days 
for each period, as the Commission determines necessary to 
meet the emergency and serve the public interest. 
‘‘(B) In renewing or reissuing an order under sub-
paragraph (A), the Commission shall consult with the pri-
mary Federal agency with expertise in the environmental 
interest protected by such law or regulation, and shall in-
clude in any such renewed or reissued order such conditions 
as such Federal agency determines necessary to minimize 
any adverse environmental impacts to the maximum extent 
practicable. The conditions, if any, submitted by such Fed-
eral agency shall be made available to the public. The Com-
mission may exclude such a condition from the renewed or 
reissued order if it determines that such condition would 
prevent the order from adequately addressing the emergency 
necessitating such order and provides in the order, or other-
wise makes publicly available, an explanation of such deter-
mination.’’. 
(b) TEMPORARY CONNECTION OR CONSTRUCTION BY 
MUNICIPALITIES.—Section 202(d) of the Federal Power Act 
(16 U.S.C. 824a(d)) is amended by inserting ‘‘or munici-
pality’’ before ‘‘engaged in the transmission or sale of elec-
tric energy’’. 
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS
Union Calendar No. 425 
112TH CONGRESS 
2D SESSION 
H. R. 4273 
[Report No. 112–586] 
A BILL 
To clarify that compliance with an emergency order 
under section 202(c) of the Federal Power Act 
may not be considered a violation of any Federal, 
State, or local environmental law or regulation, 
and for other purposes. 
JULY 9, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
00:40 Jul 10, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H4273.RH
H4273
jbell on DSK7SPTVN1PROD with BILLS