[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1647 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1647
To provide for electricity emergencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2001
Mr. Barton of Texas introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Resources, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for electricity emergencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Electricity
Emergency Relief Act''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--GENERAL MEASURES FOR ELECTRIC ENERGY
Sec. 101. Demand management agreements clearinghouse.
Sec. 102. Price mitigation in western market through demand management
incentives.
Sec. 103. Transmission constraints study.
Sec. 104. Path 15 transmission expansion.
Sec. 105. Tribal energy office.
Sec. 106. Federal transmission corridors.
Sec. 107. Guarantee of payment required for certain emergency power
sales.
Sec. 108. Sale of transmission assets to State of California.
TITLE II--FEDERAL ASSISTANCE AVAILABLE IN ELECTRIC EMERGENCIES
Sec. 201. Emergency conservation awareness.
Sec. 202. Preparation for electricity blackouts.
Sec. 203. Conservation at Federal facilities.
Sec. 204. Daylight savings time.
Sec. 205. PURPA contracts.
TITLE III--FEDERAL ASSISTANCE AVAILABLE UPON A GOVERNOR'S REQUEST
Sec. 301. Hydroelectric power license conditions.
Sec. 302. Federal hydropower generation.
Sec. 303. Nox preconstruction requirements for new generation.
Sec. 304. Federal generation during State emergencies.
Sec. 305. Emergency generation.
Sec. 306. Regional transmission organization in western region.
SEC. 2. DEFINITIONS.
The terms used in this Act have the same meanings as when used in
the Federal Power Act (16 U.S.C. 791a and following), except as
otherwise provided in this Act.
TITLE I--GENERAL MEASURES FOR ELECTRIC ENERGY
SEC. 101. DEMAND MANAGEMENT AGREEMENTS CLEARINGHOUSE.
(a) In General.--Not later than 30 days after the enactment of this
Act, the Federal Energy Regulatory Commission shall establish a
clearinghouse system to facilitate agreements between wholesale sellers
of electric energy and wholesale purchasers who are willing to forego,
for a specified period of time, the purchase of electric energy that
they are entitled to purchase from the sellers pursuant to contractual
agreements. The specified period of time concerned may include
specified times of day or specified times of year.
(b) Compensation Deemed Just and Reasonable.--The clearinghouse
system established under this section shall provide for the sale at
wholesale to other purchasers of the electric energy referred to in
subsection (a). The Commission shall, by rule or order, provide that
any reduced rate offered to a buyer as whole or partial compensation
for that buyer's willingness to forego purchases shall be treated as
just and reasonable for purposes of part II of the Federal Power Act.
(c) Compensation for Foregone Purchases.--Compensation for a
wholesale purchaser agreeing to forego a purchase as provided in this
section, including financial and non-financial compensation, rebates or
other types of compensation that meet such requirements as the
Commission shall establish, shall not be deemed unlawful (as a rebate
or preference or otherwise) under section 205(b) of the Federal Power
Act (16 U.S.C. 824d(b)).
(d) Date of Termination and Report.--
(1) Date of termination; effect on existing agreements.--
The authority of this section shall terminate on October 1,
2003. Such termination shall not affect any agreement entered
into pursuant to this section prior to the date of termination.
(2) Report.--The Commission shall report to Congress by
January 1, 2003, on the effect of this section on the
availability of electricity and shall recommend whether the
authority of this section should be extended beyond the date of
termination.
SEC. 102. PRICE MITIGATION IN WESTERN MARKET THROUGH DEMAND MANAGEMENT
INCENTIVES.
(a) Reduced Consumption Incentives.--Not later than 30 days after
the date of enactment of this Act, the Commission shall implement a
program that authorizes any electric consumer of any electric utility
within the Western Systems Coordinating Council to sell at market
prices an amount of electric load the electric consumer is willing to
forego equal to a portion of either of the following:
(1) The total amount of electric load which such consumer
is entitled to consume under contract or applicable regulation.
(2) Where the amount the consumer is entitled to consume is
not specifically limited by contract or regulation, the total
amount of electric load the consumer would otherwise reasonably
be expected to consume, as determined by the Commission.
Such foregone load may be sold for a period not to exceed the term of
the electric consumer's entitlement to the consumption and may be sold
to either (A) the electric utility serving the electric consumer, or
(B) any other electric utility or Federal Power Marketing Agency as
defined in section 3(19) of the Federal Power Act. For any sales
referred to in subparagraph (B), the electric utility shall make
available to the purchaser of the foregone electric load an amount of
electric energy equal to the foregone load. For any sale of foregone
load under this section, the electric utility of the consumer shall
receive the full amount of the contract price or rate under applicable
regulation to which such electric utility would otherwise be entitled
for the foregone load. The program authorized by this subsection shall
remain in effect until October 2003. Any agreement entered into
pursuant to this section before such date shall remain valid
thereafter.
(b) Effect on Other State and Federal Laws.--No agreement to sell,
or sale, of foregone electric load under this section shall be treated
as a sale or resale of electric energy for purposes of the Federal
Power Act (16 U.S.C 792 and following) or the the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602). No person shall be
treated as an electric utility company for purposes of the Public
Utility Holding Company Act (15 U.S.C. 79a and following) solely by
reason of any such agreement or sale. Nothing in this section shall be
construed to permit a retail consumer of electricity to choose its
supplier of electricity.
(c) Definition.--As used in this section, the terms ``electric
consumer'' and ``electric utility'' shall have the meanings provided by
section 3 of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602).
SEC. 103. TRANSMISSION CONSTRAINTS STUDY.
The Secretary of Energy and the Federal Energy Regulatory
Commission shall undertake a joint study of electric power transmission
congestion and develop a plan to relieve constraints that reduce the
efficiency of the transmission of electric power within the various
regions of the country and with Canadian and Mexican electric
transmission systems. The Secretary and the Commission shall submit a
report to Congress within 6 months after the enactment of this Act,
containing the findings and recommendations of the joint study.
SEC. 104. PATH 15 TRANSMISSION EXPANSION.
(a) In General.--The Administrator of the Western Area Power
Administration System (hereinafter in this section referred to as
``WAPA'') is authorized to expand WAPA's transmission system to remove
the PATH 15 constraint. All costs of such expansion shall be recovered
on behalf of the United States by WAPA from transmission fees imposed
by WAPA on transmission of electric energy or from the sale of
ownership interests in such transmission facilities. WAPA shall offer
to all electric utilities on a not unduly discriminatory or
preferential basis the expanded electric power transmission capacity
made available as provided in this section.
(b) Authorization.--There is authorized to be appropriated not more
than $220,000,000 to carry out this subsection.
SEC. 105. TRIBAL ENERGY OFFICE.
(a) Establishment.-- There shall be within the Department of Energy
an Office of Tribal Energy to be headed by a Director, who shall be
appointed by the Secretary.
(b) Duties and Responsibilities.--It shall be the duty and
responsibility of the Director to--
(1) promote tribal energy efficiency;
(2) advise the Secretary with respect to the development of
energy resources on tribal land, including renewable energy,
electricity power plants and transmission lines, oil and gas,
hydropower, and coal;
(3) assist Indian tribes that support development of energy
resources on tribal land, providing energy information and
technical assistance to such tribes; and
(4) coordinate with the Department of the Interior and
Bureau of Indian Affairs on development on energy resources on
tribal lands.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(b) Table of Contents.--The table of contents for such Act is
amended by adding the following new item at the end of the items
relating to title II:
``Sec. 213. Office of Tribal Energy.''.
SEC. 106. FEDERAL TRANSMISSION CORRIDORS.
The Secretary of Energy, in consultation with Federal land managing
agencies, is authorized and directed to establish electric power
transmission corridors across Federal lands, after conducting a study
of the need for transmission expansion and determining that siting of
transmission facilities on Federal land is necessary or appropriate to
promote transmission of electric energy in interstate commerce. The
Department of Energy shall be the lead agency for conducting
environmental review of the establishment of such corridors for
purposes of the National Environmental Policy Act of 1969. The
Secretary of Energy is authorized to be a party to any proceeding
regarding electric power transmission siting on Federal lands. For
purposes of this section, the term ``Federal land managing agencies''
means the Bureau of Land Management, the United States Forest Service,
the United States Fish and Wildlife Service, the National Park Service,
and the Department of Defense.
SEC. 107. GUARANTEE OF PAYMENT REQUIRED FOR CERTAIN EMERGENCY POWER
SALES.
Notwithstanding any other provision of law, neither the Secretary
of Energy, the Commission, any other officer or agency in the Executive
branch, nor any court may issue an order that requires a seller of
electric energy or natural gas to sell, on or after the date of
enactment of this Act, electric energy or natural gas to a purchaser
unless there is a guarantee that is sufficient, as determined by the
Commission, to ensure that the seller will be paid the full purchase
price when due.
SEC. 108. SALE OF TRANSMISSION ASSETS TO STATE OF CALIFORNIA.
Notwithstanding section 201(f) of the Federal Power Act (16 U.S.C.
824b(f)), if the State of California, or any entity established by the
State, owns or operates transmission facilities acquired from any
public utility subject to the jurisdiction of the Commission, the
State, or such entity, shall be subject to the jurisdiction of the
Commission under part II of such Act with respect to such facilities to
the same extent and in the same manner as would be the public utility
from which such transmission facilities were acquired.
TITLE II--FEDERAL ASSISTANCE AVAILABLE IN ELECTRIC EMERGENCIES
SEC. 201. EMERGENCY CONSERVATION AWARENESS.
The Secretary of Energy, in consultation and coordination with
affected States, is authorized and directed to conduct an emergency
awareness campaign to promote conservation in geographic areas where
demand for electric energy is expected to exceed available supplies.
Such campaign shall use broadcast, print, and other media as
appropriate to raise public awareness of the likelihood and
consequences of electric energy shortages and to promote specific
actions to reduce consumption of electric energy for non-essential
purposes during periods of peak demand.
SEC. 202. PREPARATION FOR ELECTRICITY BLACKOUTS.
The Secretary of Energy, in consultation and coordination with the
Director of the Federal Emergency Management Agency, is authorized and
directed to make preparations to handle emergency situations caused by
widespread electric energy blackouts. Such preparations shall include
each of the following specific actions:
(1) Establishing an office in States in which electric
energy blackouts are expected to occur.
(2) Conducting an educational campaign preparing the public
for electric energy blackouts.
(3) Preparing an emergency plan ready to provide immediate
assistance during blackouts, including coordination with
police, fire and safety agencies to address emergency
situations resulting from electric energy blackouts.
SEC. 203. CONSERVATION AT FEDERAL FACILITIES.
(a) Requirement.--If an electricity emergency is in effect in a
State pursuant to a declaration by the Governor of the State, each
Federal agency shall apply electricity conservation measures to its
Federal buildings in use in a State so that the electricity consumption
per gross square foot of its Federal buildings in use in the State
during any period for the duration of the electricity emergency is at
least 10 percent less than the electricity consumption per gross square
foot of its Federal buildings in use in the State during the comparable
period of the last year during which that comparable period did not
occur during an electricity emergency.
(b) Expiration.--This section shall not apply after October 1,
2003.
SEC. 204. DAYLIGHT SAVINGS TIME.
(a) Authority.--
(1) In general.--Notwithstanding the Act of March 19, 1918
(15 U.S.C. 261-264), if the legislature of any of the States of
California, Nevada, Oregon, or Washington makes a finding that
adjusting the standard time is necessary to help alleviate an
electricity crisis, the legislature of such State may make any
adjustments to the standard time, on a statewide basis, as it
considers necessary.
(2) Subsequent state authority.--The legislature of any
State referred to in paragraph (1) may make the same adjustment
made by any other State that has acted under paragraph (1),
without making the finding required by that paragraph.
(b) Standard Time.--For the purposes of the Act of March 19, 1918
(15 U.S.C. 261-264), adjusted time implemented pursuant to subsection
(a) of this section shall be considered the standard time in those
States where it is in effect.
(c) Expiration.--The authority to have adjusted time in effect
pursuant to subsection (a) shall expire after December 31, 2003.
SEC. 205. PURPA CONTRACTS.
(a) Nonpayment for Power.--Within 60 days after the enactment of
this subsection, the Commission shall revise the rules under section
210 of the Public Utility Regulatory Policies Act of 1978 to provide
that if--
(1) the owner or operator of a qualifying small power
production facility, or qualifying cogeneration facility, as
defined in the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-3), has sold electric energy pursuant to a
contract under this section to an electric utility, and
(2) such owner or operator has not been paid for such
energy within the payment period provided in the contract,
such owner or operator may suspend so much of the contract as requires
the power and energy from the facility to be sold to such electric
utility. During any such suspension, such owner or operator may sell
the electric energy covered by such contract to any other person or any
other party designated to receive such power or energy.
(b) Termination.--A suspension under this subsection shall
terminate on the first day of the contract month after which the
utility pays for the electric energy received from the qualifying small
power production facility or qualifying cogeneration facility concerned
except as otherwise provided in a judicial resolution of the contract
dispute or in a negotiated resolution between the parties.
(c) Other Services.--During any suspension under this subsection,
the electric utility shall provide such transmission, interconnection,
and distribution services as may be necessary to deliver electric
energy from the qualifying small power production facility, or
qualifying cogeneration facility, to the purchaser or to another
transmission system from which the purchaser may obtain delivery of the
electric energy, subject to the requirements of the Federal Power Act
relating to transmission services.
(d) Interconnection.--Nothing in this subsection shall affect the
obligation of an electric utility to interconnect with a qualifying
small power production facility or qualifying cogeneration facility or
to provide electric energy to such facility at rates that meet the
requirements of section 210(c) of the Public Utility Regulatory
Policies Act of 1978 pursuant to the rules of the Commission. Where a
qualifying facility exercises its rights under this section, the
electric utility party to the power purchase contract shall maintain
interconnection services unimpeded and without interruption.
(e) Sunset.--This section shall cease to apply on October 1, 2003.
TITLE III--FEDERAL ASSISTANCE AVAILABLE UPON A GOVERNOR'S REQUEST
SEC. 301. HYDROELECTRIC POWER LICENSE CONDITIONS.
The Commission shall promulgate a standard article under section 10
of the Federal Power Act (16 U.S.C. 803) in order to permit increased
generation at licensed hydroelectric facilities to assist in
alleviating any electric supply, generating, or system reliability
emergency that has been declared by the Governor of the State in which
such facilities are located. Any licensee may include such article in a
license issued under Part II of such Act, including any license issued
before the enactment of this Act. Such standard article shall provide
that, if the Governor submits a request for such action to the
licensee, upon notice to the Commission and after consultation with the
relevant resource agencies, the licensee may operate with a temporary
modification or suspension of any minimum flow requirement or other
operational requirement of the license during such emergency. Such
temporary modification or suspension shall not continue for more than 2
years.
SEC. 302. FEDERAL HYDROPOWER GENERATION.
(a) Bonneville Power Administration.--During any period (not in
excess of 2 years) during which an electricity emergency is in effect
in a State pursuant to a declaration by the Governor of the State, if
the governors of each State within the Pacific Northwest (as defined in
section 3(14) of the Pacific Northwest Power Planning and Conservation
Act) request the Administrator of the Bonneville Power Administration
to authorize hydropower facilities providing electric power to the
Administration to maximize electric generation at such facilities, the
Administrator may authorize such generation.
(b) Bureau of Reclamation.--During any period (not in excess of 2
years) during which an electricity emergency is in effect in a State
pursuant to a declaration by the Governor of the State, in order to
provide electric power generation, if the Governor of such State so
requests, the Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, may authorize the maximum
electric generation at hydroelectric facilities operated by the Bureau.
(c) Waiver.--Whenever the Administrator of the Bonneville Power
Administration or the Commissioner of the Bureau of Reclamation
authorizes maximum generation pursuant to this subsection at any
facility, such authorization shall waive the application of any
restriction or constraint under any Federal law, plan, rule, or order
(including any court order issued before the date of the enactment of
this Act pursuant to any Federal law) that would otherwise apply to the
operation of the facility concerned, including any dam, powerplant, or
other facility under the administrative jurisdiction of the
Administrator or Commissioner, wherever located.
(d) No Judicial Review.--A waiver under this section shall not be
subject to judicial review.
SEC. 303. NO<INF>X</INF> PRECONSTRUCTION REQUIREMENTS FOR NEW
GENERATION.
During any period (not in excess of 2 years) during which an
electricity emergency is in effect in a State pursuant to a declaration
by the Governor of the State, if the Governor submits a request for
such action to the Administrator of the Environmental Protection
Agency, the Administrator may waive, for not more than a one year
period, for new electric generation units located in that State, the
requirements of section 111 of the Clean Air Act relating to oxides of
nitrogen and the preconstruction requirements relating to oxides of
nitrogen applicable to such units under applicable implementation plan
provisions in effect in that State. At the expiration of such waiver,
such units shall be required to meet all such requirements. Whenever
the Administrator receives a Governor's request for a waiver under this
section, the Administrator shall make a determination regarding such
request within 45 days from the date on which such request is received.
SEC. 304. FEDERAL GENERATION DURING STATE EMERGENCIES.
(a) Definition.--For purposes of this section, the term ``qualified
Federal electric generation facility'' means any electric generation
facility (other than a hydroelectric power generation facility) owned
or operated by a department, agency, or instrumentality of the United
States and located in a State in which an electricity emergency has
been declared as provided in this section. Such term includes backup
generators and portable generators.
(b) Authorization of Generation.--During any period (not in excess
of 2 years) during which an electricity emergency is in effect in a
State pursuant to a declaration by the Governor of the State, if the
Governor submits a request for such action to the Secretary of Energy,
the Secretary may authorize any department, agency, or instrumentality
of the United States that owns or operates a qualified Federal electric
generation facility, to generate electric energy for consumption by
such department, agency, or instrumentality or for sales to such State
for local distribution in the State to assist in relieving emergency
electric power shortages if reimbursement is assured by the recipient
of such power or by a State government.
SEC. 305. EMERGENCY GENERATION.
(a) Definition.--The term ``high electricity emergency day'' means,
for any State, a day on which a State agency determines that rolling
electric blackouts are imminent and--
(1) in the case of California, during which a Stage III
Emergency has been declared by the California Independent
System Operator; or
(2) in the case of any other State, a similar emergency has
been declared by an appropriate State agency in such other
State.
(b) Expedited Approval for Emergency Generation Provisions.--The
Administrator of the Environmental Protection Agency shall expedite the
consideration and approval of State implementation plan amendments
submitted to the Administrator by a State under the Clean Air Act to
provide the emergency generation authority described in subsection (c)
or (d) of this section. Whenever the Administrator receives a proposed
plan amendment under this section, the Administrator shall make a
determination regarding such amendment within 45 days from the date on
which such amendment is received.
(c) NO<INF>X</INF> Waiver Authority for Natural Gas-Fired
Generation--Any State in which high electricity emergency days may
occur may submit a State implementation plan amendment to the
Administrator of the Environmental Protection Agency under the Clean
Air Act pursuant to this subsection. Under such amendment, the Governor
of the State may temporarily waive all emission limitations in effect
under such plan, including any limitations set forth in a permit,
regarding emissions of oxides of nitrogen from natural gas fired
electric power generation facilities in that State to permit additional
generation on any high electricity emergency day or any portion of such
a day. Such waiver may be issued only during a period (not in excess of
2 years) during which an electricity emergency is in effect in a State
pursuant to a declaration by the Governor of the State. Such temporary
waiver shall not authorize any emission source to disconnect or cease
using any emission control device used to control emissions of oxides
of nitrogen. No such temporary waiver may remain in effect for a period
longer than 6 consecutive months.
(d) Emergency Generation for Private Use.--Any State in which high
electricity emergency days may occur may submit a State implementation
plan amendment to the Administrator of the Environmental Protection
Agency under the Clean Air Act pursuant to this subsection. Under such
amendment, if the Governor of the State has declared an electricity
emergency in the State, the Governor may issue an order waiving, during
any high electricity emergency day or portion thereof, any otherwise
applicable requirements of the plan that would have the effect or
prohibiting or limiting the operation by any person or entity or class
or category thereof in such State of any type of electric energy
generation, using any type of fuel available, if such electric energy
is consumed only by the person or entity generating it. Such waiver
shall not authorize any emission source to disconnect or cease using
any emission control device used to control emissions of any air
pollutant (within the meaning of the Clean Air Act). Each such order
shall expire 6 months after the date of issuance.
(e) Effect on Air Quality.--The Administrator of the Environmental
Protection Agency may approve a plan amendment described in subsection
(c) or (d) of this section only if the Administrator determines that
such amendment will not increase the net emissions of any air pollutant
in any affected air quality region and that the amendment otherwise
meets the requirements of the Clean Air Act.
(f) Stay or Injunctions Prohibited.--No stay or injunction may be
issued by any court under section 304 of the Clean Air Act against the
Administrator of a State regarding the submission or approval of a plan
amendment referred to in this section.
SEC. 306. REGIONAL TRANSMISSION ORGANIZATION IN WESTERN REGION.
(a) In General.--After notice and an opportunity for a hearing, the
Federal Energy Regulatory Commission shall establish a regional
transmission organization for the region covered by the Western Systems
Coordinating Council if 10 or more of the Governors of the 14 States
covered in whole or in part by the Western Systems Coordinating Council
sign a petition submitted by one or more of such Governors requesting
the Commission to establish such organization.
(b) Federal Transmission Facilities.--The Bonneville Power
Administration and the Western Area Power Administration are each
authorized and required to participate in a regional transmission
organization established under this section. Each other entity
(including municipally owned entities and cooperatives) owning or
operating transmission facilities within the region covered by the
Western Systems Coordinating Council shall participate in any such
organization. Notwithstanding any other law, participation may include
delegation of operation and control of the transmission system
concerned to a regional transmission organization or other method of
participation, under terms and conditions the power marketing
administration concerned determines necessary or appropriate, including
being bound by operational and other orders of the regional
transmission organization and by the results of arbitration of disputes
with the organization or with other participants.
(c) State Authority not Affected.--Nothing in this section affects
the authority of States to regulate transmission facility maintenance,
planning, siting, and other utility functions.
(d) Sunset.--No regional transmission authority established under
this section shall be required to continue to operate after the date 3
years after the regional transmission organization is established.
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