II 114th CONGRESS 1st Session S. 1405 IN THE SENATE OF THE UNITED STATES May 20, 2015 Mr. Franken introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require a coordinated response to coal fuel supply emergencies that could impact electric power system adequacy or reliability.

1. Short title This Act may be cited as the Severe Fuel Supply Emergency Response Act of 2015 . 2. Severe fuel supply emergency response The Federal Power Act is amended by inserting after section 215 ( 16 U.S.C. 824o ) the following: 215A. Emergency response to coal supply deficiencies (a) Findings Congress finds that— (1) electric utilities operating coal-fired generating units seek to maintain target levels of coal inventories in order to meet forecasted demand; (2) by coordinating generator actions and coal levels with Reliability Coordinators, electric utilities seek to ensure adequacy and reliability for the Bulk Power System; (3) rail service issues have resulted in critically low coal inventory levels at numerous utilities; (4) coal shortages can threaten the adequacy and reliability of electricity supplies, and may jeopardize the health and safety of electricity consumers; (5) when faced with declining coal inventories, electric utilities have taken actions to curtail coal-fired electricity production, including by closing electric generating units, in order to preserve coal stockpiles; (6) under the Federal Energy Administration Act of 1974 ( 15 U.S.C. 761 et seq. ), electric utilities are required to file a mandatory Electric Emergency Incident and Disturbance Report with the Department of Energy regarding fuel supply emergencies that could impact electric power system adequacy or reliability; and (7) the depletion of coal inventories due to rail service issues may constitute a fuel supply emergency. (b) Definitions In this section: (1) Board The term Board means the Surface Transportation Board. (2) Bulk-power system The term bulk-power system has the meaning given the term in section 215. (3) Electric reliability organization The term Electric Reliability Organization has the meaning given the term in section 215. (4) Form OE-417 The term Form OE-417 means the form entitled Electric Emergency Incident and Disturbance Report and filed in accordance with the Federal Energy Administration Act of 1974 ( 15 U.S.C. 761 et seq. ). (5) Regional entity The term Regional Entity means an entity delegated authority by the Electric Reliability Organization to propose and enforce reliability standards in the region of the entity. (6) Reliability coordinator The term Reliability Coordinator means an entity recognized by the Electric Reliability Organization as responsible for continually assessing transmission reliability and coordinating emergency operations to ensure the reliable operation of the bulk-power system. (7) Secretary The term Secretary means the Secretary of Energy. (8) Severe fuel supply emergency The term severe fuel supply emergency means a coal supply deficiency reported to the Department of Energy on Form OE-417 that has the potential to affect at least 500 MW of electricity generation or 100,000 electricity customers. (c) Coordinated response to emergencies (1) In general The Secretary shall lead the Federal response to severe fuel supply emergencies. (2) Duties of the Secretary On the filing of a Form OE-417 that reports a severe fuel supply emergency, the Secretary shall— (A) promptly investigate the circumstances of the severe fuel supply emergency; (B) notify the Board and the Federal Energy Regulatory Commission of the existence of the severe fuel supply emergency; (C) convene a meeting with the Board, the Federal Energy Regulatory Commission, and, as appropriate, the Electric Reliability Organization and affected Regional Entities and Reliability Coordinators; and (D) submit in writing to the Board and the Federal Energy Regulatory Commission, and post publicly on the website of the Department of Energy, recommendations for actions the Board or Federal Energy Regulatory Commission should consider to alleviate the severe fuel supply emergency and prevent recurrences of the severe fuel supply emergency. (d) Effect on other laws Nothing in this section limits any existing authority of any Federal agency. .