Coordination process to protect electric reliability

Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended—(1)by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and(2)by inserting after subsection (g) the following:

(h)

Commission review and comment for proposed covered agency actions

(1)

Requirement

If the Commission or a State commission determines, on its own motion or on a request from another Federal agency, that a covered agency action proposed by a Federal agency other than the Commission is likely to have a significant negative impact on the reliability and adequacy of the bulk-power system in North America, the agency head with respect to such proposed covered agency action shall provide to the Commission such proposed covered agency action for review and comment—(A)on the first date on which such proposed covered agency action is provided to the Office of Management and Budget or any other Federal agency for review and comment; or(B)if such proposed covered agency action is not provided to the Office of Management and Budget or any other Federal agency for review and comment, not later than 90 days before the date on which the agency head publishes in the Federal Register or otherwise makes available for public inspection or comment such proposed covered agency action.(2)

Commission comments

The Commission, in consultation with the ERO, shall, by order, provide to the agency head that provides a proposed covered agency action to the Commission under paragraph (1) comments on such proposed covered agency action.(3)

Agency response

An agency head may not finalize a proposed covered agency action for which a determination is made under paragraph (1)—(A)until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified, or why the agency head has determined not to modify, such proposed covered agency action in response to each comment provided by the Commission under paragraph (2); or(B)if the Commission finds that the agency head has not modified such proposed covered agency action based on the comments provided by the Commission under paragraph (2) to prevent a significant negative impact on the reliability and adequacy of the bulk-power system in North America.(4)

Public availability of comments and responses

An agency head shall include the comments and responses for the proposed covered agency action in the proposed agency action as—(A)submitted to the Federal Register for publication; or(B)otherwise made available for public inspection or comment.(5)

Definitions

In this subsection:(A)

Agency head

The term agency head means the head of a Federal agency that proposed a covered agency action.(B)

Covered agency action

The term covered agency action means a rule, regulation, standard, criteria document, deadline, or determination.(C)

Federal agency

The term Federal agency means an Executive department (as that term is defined in section 101 of title 5, United States Code) or any other Executive agency that is in the President’s cabinet.