I 
119TH CONGRESS 
1ST SESSION H. R. 3843 
To amend the Federal Power Act to prohibit retirements of baseload electric 
generating units in any area that is served by a Regional Transmission 
Organization or an Independent System Operator and that the North 
American Electric Reliability Corporation categorizes as at elevated risk 
or high risk of electricity supply shortfalls, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2025 
Ms. FEDORCHAK (for herself, Mr. WEBER of Texas, Mr. GOLDMAN of Texas, 
Mr. PFLUGER, Mr. RULLI, Mrs. MILLER of West Virginia, and Mr. 
BALDERSON) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Power Act to prohibit retirements 
of baseload electric generating units in any area that 
is served by a Regional Transmission Organization or 
an Independent System Operator and that the North 
American Electric Reliability Corporation categorizes as 
at elevated risk or high risk of electricity supply short-
falls, 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 ‘‘Baseload Reliability 
Protection Act’’. 
SEC. 2. PROHIBITION ON RETIREMENTS AND CONVERSION 
OF FUEL SOURCE FOR ELECTRIC GENER-
ATING UNITS IN AREAS AT HIGH RISK OR 
ELEVATED RISK OF ELECTRICITY SUPPLY 
SHORTFALLS. 
(a) IN GENERAL.—Part II of the Federal Power Act 
(16 U.S.C. 824 et seq.) is amended by adding after section 
215A the following: 
‘‘SEC. 215B. PROHIBITION ON RETIREMENTS AND CONVER-
SION OF FUEL SOURCE FOR ELECTRIC GEN-
ERATING UNITS IN AREAS AT HIGH RISK OR 
ELEVATED RISK OF ELECTRICITY SUPPLY 
SHORTFALLS. 
‘‘(a) PROHIBITION.—No operator or partial or sole 
owner of a covered electric generating unit that is located 
in a covered area may— 
‘‘(1) retire such covered electric generating 
unit; or 
‘‘(2) convert the fuel source for such covered 
electric generating unit. 
‘‘(b) EXEMPTIONS.— 
‘‘(1) OPERATOR
OR
OWNER
PETITION.—Not 
later than 90 days after the publication of the most 
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recent long-term reliability assessment categorizing 
the relevant covered area as at high risk or elevated 
risk of electricity supply shortfalls, an operator or 
owner of a covered electric generating unit located in 
such covered area may submit to the Commission a 
petition for an exemption from a prohibition under 
subsection (a) with respect to such covered electric 
generating unit. 
‘‘(2) FINAL DETERMINATION.— 
‘‘(A) DEADLINE.— 
‘‘(i) IN GENERAL.—Except as other-
wise provided in this paragraph, not later 
than 90 days after a petition for an ex-
emption is submitted to the Commission 
under paragraph (1), the Commission shall 
issue a final determination granting such 
exemption or denying the petition for such 
exemption. 
‘‘(ii) 
PETITIONS
BASED
ON 
UNPROFITABILITY
OR
FINANCIAL 
LOSSES.—Subject to subparagraph (C), 
with respect to a petition for an exemption 
under this subsection for a covered electric 
generating 
unit 
that 
is 
based 
on 
unprofitability 
or 
sustained 
financial 
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losses, if the Commission determines that 
retirement of, or converting the fuel source 
for, such covered electric generating unit 
would hinder the reliable operation of the 
bulk-power system, the Commission shall, 
not later than 180 days after such petition 
is submitted to the Commission under 
paragraph (1), issue a final determination 
granting such exemption or denying the 
petition for such exemption. 
‘‘(B) CRITERIA.—Subject to subparagraph 
(C), the Commission shall issue a final deter-
mination granting an exemption under this sub-
section if the Commission determines— 
‘‘(i) that the applicable operator or 
owner of a covered electric generating unit 
has demonstrated in a petition submitted 
under paragraph (1) of this subsection 
that compliance with the relevant prohibi-
tion under subsection (a) will result in— 
‘‘(I) unprofitability of such cov-
ered electric generating unit; 
‘‘(II) sustained financial losses 
for such operator or owner; or 
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quisition of one or more covered elec-
tric generating units with comparable 
or greater reliability attributes, con-
sidering, 
at 
a 
minimum, 
the 
dispatchability and availability during 
peak system demand of the covered 
electric generating unit that will be 
retired; or 
‘‘(III) that the applicable oper-
ator or owner of a covered electric 
generating unit has demonstrated in a 
petition submitted under paragraph 
(1) of this subsection for an exemp-
tion from the prohibition under sub-
section (a)(2) that converting the fuel 
source for such covered electric gener-
ating unit will not diminish the cov-
ered 
electric 
generating 
unit’s 
dispatchability or availability during 
peak system demand, or otherwise 
hinder the reliable operation of the 
bulk-power system. 
‘‘(C) DOE GRANT OR LOAN FOR CONTIN-
UED OPERATION.— 
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‘‘(i) REFERRAL.—With respect to a 
petition for an exemption under this sub-
section from the prohibition under sub-
section (a)(1) for a covered electric gener-
ating unit that is based on unprofitability 
or sustained financial losses, if the Com-
mission determines that retirement of such 
covered electric generating unit would 
hinder the reliable operation of the bulk- 
power system, the Commission shall refer 
the petition to the Secretary of Energy. 
‘‘(ii) LOAN OR GRANT.—With respect 
to any petition referred to the Secretary of 
Energy under clause (i), the Secretary 
shall use funds made available to carry out 
this clause to make a grant or loan to the 
applicable operator or owner of the covered 
electric generating unit in accordance with 
paragraph (4). 
‘‘(iii) TREATMENT OF PETITION.—If 
an operator or owner of a covered electric 
generating unit receives, not later than 
180 days after the relevant petition for an 
exemption is submitted to the Commission 
under paragraph (1), a grant or loan pur-
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suant to clause (ii) of this subparagraph, 
such petition shall be deemed denied for 
purposes of this subsection. 
‘‘(3) REPLACEMENT.—An operator or owner of 
a covered electric generating unit for which an ex-
emption is granted under this subsection based on a 
demonstration that such operator or owner will re-
place the covered electric generating unit through 
the construction or acquisition of one or more other 
covered electric generating units with comparable or 
greater reliability attributes may not retire such cov-
ered electric generating unit until such covered elec-
tric generating unit has been so replaced and such 
one or more other covered electric generating units 
have been placed in service. 
‘‘(4) DOE GRANT OR LOAN TERMS AND FUND-
ING.— 
‘‘(A) FUNDS.—The Secretary of Energy 
may use unobligated amounts made available to 
the Secretary under the Infrastructure Invest-
ment and Jobs Act (Public Law 117–58) or 
Public Law 117–169 to make grants and loans 
under paragraph (2)(C)(ii) and subparagraph 
(D) of this paragraph. 
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‘‘(B) GRANTS.—The Secretary of Energy, 
in consultation with other agencies as the Sec-
retary determines appropriate, may, if the Sec-
retary determines it to be necessary and appro-
priate, make a grant to an operator or owner 
of a covered electric generating unit under 
paragraph (2)(C)(ii) of this subsection in order 
to provide for the prudent costs for the oper-
ation of such covered electric generating unit 
during any time the prohibition under sub-
section (a)(1) is in effect with respect to such 
covered electric generating unit. 
‘‘(C) LOANS.— 
‘‘(i) USE OF LOAN FUNDS.—A loan 
made under paragraph (2)(C)(ii)— 
‘‘(I) shall be made for purposes 
of— 
‘‘(aa) keeping the relevant 
covered electric generating unit 
operating; and 
‘‘(bb) providing for the min-
imum costs for the operation of 
such covered electric generating 
unit during any time the prohibi-
tion under subsection (a)(1) is in 
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effect with respect to such cov-
ered electric generating unit; and 
‘‘(II) may be made for the addi-
tional purposes of— 
‘‘(aa) providing for the costs 
of upgrading the capacity of the 
relevant covered electric gener-
ating unit; 
‘‘(bb) if the relevant covered 
electric generating unit is a nu-
clear power plant, uprating such 
covered electric generating unit; 
or 
‘‘(cc) modernizing the rel-
evant covered electric generating 
unit for purposes of extending its 
lifespan. 
‘‘(ii) TERMS AND CONDITIONS.—Any 
loan under paragraph (2)(C)(ii) or sub-
paragraph (D) of this paragraph shall be 
made on such terms and conditions as the 
Secretary of Energy determines appro-
priate. 
‘‘(iii) REVENUE.—Any payments of 
interest on loans made under paragraph 
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(2)(C)(ii) or subparagraph (D) of this 
paragraph shall be deposited in the general 
fund of the Treasury for the sole purpose 
of deficit reduction. 
‘‘(D) OTHER
LOANS
AND
GRANTS.—The 
Secretary of Energy may make a loan or grant 
to an operator or owner of a covered electric 
generating unit that is subject to an order 
under section 202(c) in order to provide for the 
prudent costs for the operation of such covered 
electric generating unit during any time such 
order in effect with respect to such covered elec-
tric generating unit. 
‘‘(5) OTHER CONSIDERATIONS.—In making a 
final determination under paragraph (2)— 
‘‘(A) the Commission may not consider the 
greenhouse gas emissions of a covered electric 
generating unit, including any impacts of such 
emissions on atmospheric temperatures or 
weather systems; and 
‘‘(B) with respect to a petition for an ex-
emption under this subsection for a covered 
electric generating unit that is based on 
unprofitability or sustained financial losses, the 
Commission shall take into consideration any 
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