Commission review and comment for covered agency actions

Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended—(1)in subsection (g)—(A)by striking The ERO and inserting the following:

(1)

In general

The ERO

; and

(B)by adding at the end the following:

(2)

Annual long-term assessment

The assessments under paragraph (1) shall include an annual long-term assessment, which shall include—(A)an analysis of the ability of the bulk-power system to supply sufficient electric energy necessary to maintain an adequate level of reliability, taking into account generation resource mix, transmission development, and energy demand trends;(B)an analysis of the risk of future electric energy supply shortfalls under normal and extreme weather conditions, and the risk of any such shortfalls within each region of the bulk-power system; and(C)a determination of whether additional generation resources are necessary to supply sufficient energy to maintain an adequate level of reliability during the assessment period.(3)

Notice of generation inadequacy

In conducting a long-term assessment under paragraph (2), if the ERO finds that the bulk-power system is at risk of not having adequate generation resources to supply sufficient electric energy to maintain an adequate level of reliability, the ERO shall publicly notify the Commission that the bulk-power system is in a state of generation inadequacy. (4)

Data collection

To conduct a long-term assessment under paragraph (2), the ERO may collect information and data from users, owners, and operators of the bulk-power system.

;

(2)by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and(3)by inserting after subsection (g) the following:

(h)

Commission review and comment for covered agency actions

(1)

Notice to federal agencies

If the ERO notifies the Commission under subsection (g)(3) that the bulk-power system is in a state of generation inadequacy, the Commission shall promptly notify the Department of Energy, the Environmental Protection Agency, and any other Federal agency the Commission determines appropriate of such state of generation inadequacy.(2)

Submission

Upon receiving notice under paragraph (1), the head of each Federal agency that received such notice shall provide to the Commission for review and comment any covered agency action by the Federal agency—(A)on the first date on which such 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 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 covered agency action is published in the Federal Register or is otherwise made available for public inspection or comment.(3)

Commission comments

The Commission, in consultation with the ERO, regional entities, and transmission organizations shall, by order, provide to the agency head that provided to the Commission a covered agency action under paragraph (2)—(A)comments on such covered agency action, which such comments may include an assessment of the effect of the covered agency action on rates, terms, and conditions for services pursuant to the authority of the Commission under sections 201 and 206; and(B)if applicable, recommendations for modifications to the covered agency action to prevent a significant negative impact on the ability of the bulk-power system to supply sufficient electric energy necessary to maintain an adequate level of reliability.(4)

Agency response

The head of a Federal agency may not finalize a covered agency action that is provided to the Commission under paragraph (2) until—(A)the agency head responds in writing to the Commission with an explanation of how the agency head modified, or why the agency head determined not to modify, such covered agency action in response to any comments and recommendations provided by the Commission under paragraph (3); and(B)the Commission finds that the covered agency action will not be likely to have a significant negative impact on the ability of the bulk-power system to supply sufficient electric energy necessary to maintain an adequate level of reliability.(5)

Public availability of comments and responses

An agency head shall include any comments, recommendations, and responses for the covered agency action when—(A)submitting the covered agency action to the Federal Register for publication; or(B)otherwise making the covered agency action available for public inspection or comment.(6)

Definitions

In this subsection:(A)

Covered agency action

The term covered agency action means a regulation that—(i)relates to, or otherwise directly affects, any generation resource in the bulk-power system; and(ii)is under development to be proposed or otherwise under consideration in a rulemaking prior to finalization on the date on which the Federal agency receives notice from the Commission under paragraph (1).(B)

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.