SEC. 2. CONSIDERATION OF EFFECTS OF STATE POLICIES 
ON RELIABLE AVAILABILITY OF ELECTRIC 
ENERGY. 
Section 111(d) of the Public Utility Regulatory Poli-
cies Act of 1978 (16 U.S.C. 2621(d)) is amended by add-
ing at the end the following: 
‘‘(22) EVALUATION
OF
EFFECTS
OF
STATE 
POLICIES ON RELIABLE AVAILABILITY OF ELECTRIC 
ENERGY.— 
‘‘(A) IN GENERAL.—Each State regulatory 
authority that implements an intermittent en-
ergy policy shall conduct, and make publicly 
available, a general evaluation of— 
‘‘(i) the effects of implementing the 
intermittent energy policy on the reliability 
of the bulk-power system in the State, in-
cluding an assessment of the adequacy of 
available electric energy resources over a 
10-year period; 
‘‘(ii) the ability of electric energy re-
sources that comply with the requirements 
of the intermittent energy policy to meet 
electric energy demand during emer-
gencies, periods of high demand, or ex-
treme weather events; 
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‘‘(iii) the effects of implementing the 
intermittent energy policy on rates charged 
by electric utilities; 
‘‘(iv) whether reliable generation fa-
cilities that are removed from service in 
order to comply with the requirements of 
the intermittent energy policy can be re-
placed with sufficient electric generation 
facilities meeting such requirements, which 
have a capacity accreditation that is equiv-
alent to the capacity accreditation of the 
removed facilities, to maintain the reli-
ability of the bulk-power system in the 
State; and 
‘‘(v) the extent to which implementa-
tion of the intermittent energy policy re-
quires electric utilities in the State to use 
replacement electric energy supplies that 
are generated by reliable generation facili-
ties located outside the State in order to 
maintain the reliability of the bulk-power 
system in the State. 
‘‘(B) PRIOR
STATE
ACTIONS.—Notwith-
standing section 124 and paragraphs (1) and 
(2) of section 112(a), each State regulatory au-
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thority shall consider and make a determination 
concerning the standard set out in subpara-
graph (A) in accordance with the requirements 
of subsections (a) and (b) of this section, with-
out regard to any proceedings commenced prior 
to the enactment of this paragraph. 
‘‘(C) TIME LIMITATION.—Notwithstanding 
subsections (b) and (c) of section 112, each 
State regulatory authority shall consider and 
make a determination concerning whether it is 
appropriate to implement the standard set out 
in subparagraph (A) not later than 1 year after 
the date of enactment of this paragraph. 
‘‘(D) PUBLIC AVAILABILITY.—A State reg-
ulatory authority that has made a determina-
tion concerning whether to implement, and is 
implementing, the standard set out in subpara-
graph (A) shall make publicly available the gen-
eral evaluation described in such subpara-
graph— 
‘‘(i) if the applicable State has adopt-
ed an intermittent energy policy before the 
date on which the State regulatory author-
ity makes such determination, not later 
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than 1 year after such date of determina-
tion; and 
‘‘(ii) if the applicable State adopts an 
intermittent energy policy after the date on 
which the State regulatory authority makes 
such determination, not later than 1 year 
after the date of such adoption. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) 
BULK-POWER
SYSTEM.—The 
term ‘bulk-power system’ has the meaning 
given that term in section 215 of the Fed-
eral Power Act (16 U.S.C. 824o). 
‘‘(ii) INTERMITTENT
ENERGY
POL-
ICY.—The term ‘intermittent energy policy’ 
means any requirement of a State, en-
forced by a State regulatory authority, 
that a State regulated electric utility en-
sure that a specified portion of the electric 
energy sold by such electric utility is gen-
erated by facilities that are not reliable 
generation facilities. 
‘‘(iii) RELIABLE GENERATION FACIL-
ITY.—The term ‘reliable generation facil-
ity’ means an electric generation facility 
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that ensures the reliable availability of 
electric energy by— 
‘‘(I) having operational charac-
teristics to enable the generation of 
electric energy on a continuous basis 
for a period of not fewer than 30 
days; 
‘‘(II) having— 
‘‘(aa) adequate fuel, or a 
continuously 
available 
energy 
source, on-site to enable the gen-
eration of electric energy on a 
continuous basis for a period of 
not fewer than 30 days; or 
‘‘(bb) contractual obligations 
that ensure adequate fuel supply 
to achieve the generation of elec-
tric energy on a continuous basis 
for a period of not fewer than 30 
days; 
‘‘(III) having operational charac-
teristics to enable the generation of 
electric energy during emergency and 
severe weather conditions; and 
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‘‘(IV) providing essential services 
related to the reliable availability of 
electric energy, including frequency 
support and voltage support.’’. 
Æ 
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