costs alleviated by the protection from penalties 
under subsection (c). 
‘‘(6) JUDICIAL REVIEW.—Notwithstanding sec-
tion 313, an operator or owner of an electric gener-
ating unit who is adversely affected or aggrieved by 
a final determination issued by the Commission 
under paragraph (2) may, not later than 60 days 
after the final determination is issued, file a petition 
for review of the final determination in the United 
States Court of Appeals for the District of Columbia 
Circuit or in the court of appeals for the United 
States for the circuit in which the party resides or 
has its principal place of business. Upon the filing 
of such petition such court shall have jurisdiction to 
affirm, set aside, or overturn such final determina-
tion. 
‘‘(c) PROTECTION FROM PENALTIES.—An action or 
omission taken by an operator or owner of a covered elec-
tric generating unit to comply with a prohibition under 
subsection (a) shall be treated as an action or omission 
taken to comply with an order issued under section 202(c) 
for purposes of such section. No operator or owner or a 
covered electric generating unit shall be required to under-
take an expenditure in furtherance of a Federal, State, 
or local environmental law or regulation, performance for 
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which is excused due to the existence of a prohibition 
under subsection (a). 
‘‘(d) STANDARDIZED CRITERIA
FOR CATEGORIZA-
TION OF RISK.—Not later than 60 days after the date 
of enactment of this section, the Electric Reliability Orga-
nization shall determine and publish a standardized prob-
abilistic assessment methodology and standardized criteria 
for categorizing areas as being at high risk, elevated risk, 
or normal risk of electricity supply shortfalls to be used 
in each long-term reliability assessment. Such standard-
ized methodology and criteria shall be at least as rigorous 
as the methodology and criteria used in the 2024 long- 
term reliability assessment. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk- 
power system’ has the meaning given such term in 
section 215(a). 
‘‘(2) COVERED AREA.—The term ‘covered area’ 
means an area that— 
‘‘(A) is served by a Regional Transmission 
Organization or an Independent System Oper-
ator; and 
‘‘(B) the Electric Reliability Organization 
categorizes, in the most recent long-term reli-
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ability assessment, as at elevated risk or high 
risk of electricity supply shortfalls. 
‘‘(3) COVERED ELECTRIC GENERATING UNIT.— 
The term ‘covered electric generating unit’ means a 
dispatchable electric generating unit that— 
‘‘(A) has greater than or equal to 25 
megawatts of nameplate capacity; 
‘‘(B) is interconnected to the bulk-power 
system; and 
‘‘(C) does not derive its primary energy 
input from intermittent renewable sources, with 
or without energy storage. 
‘‘(4) ELECTRIC RELIABILITY ORGANIZATION.— 
The term ‘Electric Reliability Organization’ has the 
meaning given such term in section 215(a). 
‘‘(5) LONG-TERM RELIABILITY ASSESSMENT.— 
The term ‘long-term reliability assessment’ means 
an annual assessment, conducted by the Electric Re-
liability Organization pursuant to section 215(g), of 
the reliability and adequacy of the bulk-power sys-
tem in North America over a 10-year period. 
‘‘(6) RELIABLE
OPERATION.—The term ‘reli-
able operation’ has the meaning given such term in 
section 215(a).’’. 
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(b) ENFORCEMENT.—Not later than 1 year after the 
date of enactment of this Act, the Federal Energy Regu-
latory Commission shall submit to Congress a report on 
whether existing oversight and enforcement mechanisms 
for section 215B of the Federal Power Act, as added by 
subsection (a) of this section, are sufficient, including any 
recommendations to improve such mechanisms. 
Æ 
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