Amendments to the Federal Power Act

(a)

Compliance with or violation of environmental laws while under emergency order

Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended— (1)in the first sentence, by striking (c) During and inserting the following:

(c)

Authorization during war or emergency

(1)

In general

During

; and

(2)by adding at the end the following:

(2)

Limitation as result of conflict with environmental law

With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including regulations), the Commission shall ensure that the order— (A)requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and (B)to the maximum extent practicable— (i)is consistent with any applicable Federal, State, or local environmental law (including regulations); and (ii)minimizes any adverse environmental impacts. (3)

Compliance not considered violation of other law

To the extent that 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 the order, results in noncompliance with, or causes the party to not comply with, any Federal, State, or local environmental law (including regulations), the omission or action shall not— (A)be considered a violation of that environmental law (including regulations); or (B)subject the party to any requirement, civil or criminal liability, or a citizen suit under that environmental law or regulation. (4)

Expiration of order; renewal

(A)

Expiration

An order issued under this subsection that may result in a conflict as described in paragraph (3) shall expire not later than 90 days after that order is issued. (B)

Renewal

The Commission may renew or reissue an order described in subparagraph (A) 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. (C)

Consultation

In renewing or reissuing an order under subparagraph (A) or (B), the Commission— (i)shall consult with the primary Federal agency with expertise in the environmental interest protected by the law or regulation in conflict; and (ii)(I)shall include in any renewed or reissued order such conditions as that Federal agency determines necessary to minimize any adverse environmental impacts to the maximum extent practicable; or (II)may exclude from the renewed or reissued order any condition if the Commission— (aa)determines the condition would prevent the order from adequately addressing the emergency necessitating the order; and (bb)provides in the order, or otherwise makes publicly available, an explanation of that determination. (D)

Public availability

Any conditions submitted by the Federal agency under subparagraph (C)(ii) shall be made available to the public. (5)

Effect of court action

If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 313 or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect, including any omission or action taken to voluntarily comply with the order, shall remain subject to paragraph (3).

(b)

Temporary connection or construction by municipalities

Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended in the matter preceding the first proviso by inserting or municipality before engaged in the transmission or sale of electric energy.