[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8302 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8302

  To direct the Federal Energy Regulatory Commission to issue a rule 
  enhancing Regional Transmission Organization and Independent System 
   Operator independence and responsiveness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2022

 Mr. Casten (for himself and Mr. Welch) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To direct the Federal Energy Regulatory Commission to issue a rule 
  enhancing Regional Transmission Organization and Independent System 
   Operator independence and responsiveness, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering RTO Stakeholders Act of 
2022''.

SEC. 2. RTO AND ISO INDEPENDENCE.

    (a) Technical Conference.--Not later than 180 days after the date 
of enactment of this section, the Federal Energy Regulatory Commission 
shall convene a technical conference to consider Regional Transmission 
Organization and Independent System Operator independence, and the 
responsiveness of RTOs and ISOs to their customers and stakeholders, 
including the effectiveness of stakeholder policies and procedures 
adopted in compliance with Order 719, issued by the Commission on 
October 17, 2008, and published in the Federal Register on October 28, 
2008, as the final rule entitled ``Wholesale Competition in Regions 
with Organized Electricity Markets'' (73 Fed. Reg. 64099).
    (b) Participation.--The technical conference shall be led by 
members of the Commission, and the Commission shall invite 
participation from representatives of each RTO and ISO, owners and 
operators of transmission facilities, owners and operators of electric 
generation facilities, owners and operators of distributed energy 
generation systems, end-use customers, electric power marketers, 
publicly owned electric utilities, consumer advocates, environmental 
justice advocates, environmental groups, State commissions, and such 
other stakeholders as the Commission determines appropriate.
    (c) Topics.--In conducting the technical conference, the Commission 
shall seek to identify policies and practices that maintain RTO and ISO 
independence, and enhance the responsiveness of RTOs and ISOs to their 
customers and other stakeholders, taking into consideration--
            (1) the benefits of greater transparency in RTO and ISO 
        stakeholder processes, including access by stakeholders to 
        relevant data and written background materials;
            (2) barriers to participation in such stakeholder processes 
        for new market participants and other non-incumbent 
        stakeholders;
            (3) the need for periodic, independent review of RTO and 
        ISO stakeholder policies and procedures;
            (4) power imbalances between incumbent and non-incumbent 
        stakeholders, including whether current RTO and ISO membership 
        rules, sectoral designations, and voting procedures allow for 
        adequate representation of all stakeholder views;
            (5) whether and how RTOs and ISOs should take State public 
        policy objectives into consideration as part of such 
        stakeholder processes;
            (6) whether existing RTO and ISO decision-making processes 
        are sufficiently independent from the control of any market 
        participant or class of participants;
            (7) the role of the Office of Public Participation in 
        facilitating greater stakeholder participation in RTOs and 
        ISOs; and
            (8) such other subjects as the Commission considers 
        appropriate.
    (d) Public Comment.--The Commission shall provide an opportunity 
for public comment on the technical conference.
    (e) Rulemaking.--Not later than 12 months after the conclusion of 
the technical conference, the Commission shall issue a final rule 
adopting such policies and procedures as the Commission determines 
necessary to maintain the independence of RTOs and ISOs, and to enhance 
the transparency and responsiveness of RTOs and ISOs to their customers 
and other stakeholders.
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Federal power act definitions.--The terms ``electric 
        utility'', ``Independent System Operator'', ``ISO'', ``Regional 
        Transmission Organization'', ``RTO'', and ``State commission'' 
        have the meanings given such terms in section 3 of the Federal 
        Power Act (16 U.S.C. 796).
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