IIB 
112TH CONGRESS 
2D SESSION 
H. R. 4273 
IN THE SENATE OF THE UNITED STATES 
AUGUST 2, 2012 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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: 
‘‘(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 regu-
lation, the Commission shall ensure that such order re-
quires generation, delivery, interchange, or transmission 
of electric energy only during hours necessary to meet the 
emergency and serve the public interest, and, to the max-
imum extent practicable, is consistent with any applicable 
Federal, State, or local environmental law or regulation 
and minimizes 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 
noncompliance with, or causes such party to not comply 
with, any Federal, State, or local environmental law or 
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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. 
‘‘(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 
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 condi-
tions as such Federal agency determines necessary to min-
imize any adverse environmental impacts to the maximum 
extent practicable. The conditions, if any, submitted by 
such Federal agency shall be made available to the public. 
The Commission may exclude such a condition from the 
renewed or reissued order if it determines that such condi-
tion would prevent the order from adequately addressing 
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the emergency necessitating such order and provides in 
the order, or otherwise makes publicly available, an expla-
nation of such determination.’’. 
(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’’. 
Passed the House of Representatives August 1, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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