Limitations on certain emergency authority under the Federal Power Act

Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended—(1)in paragraph (1), in the first sentence—(A)by striking or other causes,; and(B)by striking with or without notice, hearing, or report,;(2)in paragraph (2), by adding at the end the following: Before issuing such an order, the Commission, to the maximum extent practicable, shall consider alternatives to meet the emergency, including alternatives that both meet the emergency and minimize adverse environmental impacts.;(3)in paragraph (4)—(A)in subparagraph (A), in the first sentence, by striking that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation;(B)in subparagraph (B), in the first sentence— (i) by inserting advance of before renewing or reissuing; (ii)by striking shall consult with the and inserting the following: “shall—

(i)hold a hearing open to the public on the proposed order;(ii)determine—(I)whether and the extent to which the order will raise rates for ratepayers; and(II)whether the order may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation; and(iii)to accomplish the duties and comply with the requirements described in paragraph (2) and clause (ii), consult with—(I)the relevant State and local agencies or regulators, including the relevant State commission (collectively referred to in this paragraph as the relevant non-Federal agencies), in—(aa)each State and locality in which the applicable facility is physically located; and(bb)each State and locality in which the order may result in a conflict described in clause (ii)(II); and (II) the

; and

(iii)in clause (iii)(II) (as so designated), in the first sentence, by striking such law or regulation, and shall and inserting the following: “each environmental law or regulation with respect to which the order may result in a conflict described in clause (ii)(II).

(C)The Commission shall

;

(C)in subparagraph (C) (as so designated)—(i)in the first sentence—(I)by striking such Federal agency determines and inserting 1 or more Federal or relevant non-Federal agencies consulted under subparagraph (B)(iii) determine; and(II)by inserting rate or after adverse; and(ii)in the second sentence—(I)by striking The conditions and inserting The cost estimates and conditions; and(II)by striking such Federal agency and inserting any 1 or more Federal or relevant non-Federal agencies; and(D)by adding at the end the following:

(D)An order issued under this subsection shall be considered to be a renewed or reissued order subject to the requirements of this paragraph and all other requirements relating to a renewed or reissued order if the order relates to the same facility and a substantially similar emergency as a previous order issued under this subsection.

; and

(4)by adding at the end the following:

(6)(A)Except as provided in subparagraph (B), the Commission may not issue an order under this subsection that would—(i)prevent or delay the retirement or other permanent closure of a facility for the generation of electric energy; or(ii)require the generation of electric energy at a facility that has retired or otherwise permanently closed.(B)Subparagraph (A) shall not apply to a particular facility if—(i)an emergency exists that cannot be met in any manner other than delay of the retirement or other permanent closure of the facility; and(ii)the applicable Transmission Organization requests in writing to delay the retirement or other permanent closure of the facility.(7)(A)Before issuing an order under paragraph (1), the Commission shall—(i)create a public online docket for matters pertaining to the order; and(ii)publish on a publicly available website—(I)notice of the proposed order, including a link to the docket created under clause (i); and(II)any request submitted pursuant to paragraph (6)(B)(ii).(B)An order issued under paragraph (1) (including any renewed or reissued order under paragraph (4)) shall be—(i)published on the publicly available docket created under subparagraph (A)(ii); and(ii)accompanied by a report that includes—(I)an analysis of the causes of the emergency;(II)an analysis of the alternatives considered to meet the emergency, including alternatives that both meet the emergency and minimize adverse environmental impacts; and(III)estimates of the additional electrical system costs that are expected to be incurred by any electric utility and any customers of an electric utility as a result of the order, including the costs of additional fuel, maintenance, capital, or labor.(C)The Commission shall comply with subclauses (II) and (III) of subparagraph (B)(ii) to the maximum extent practicable, in light of the circumstances, in the case of an initial order issued under paragraph (1) to address a particular emergency, but shall fully comply with those subclauses with respect to any renewed or reissued order issued to address that emergency.(D)Not later than 60 days after the date on which an order is issued under paragraph (1), each electric utility that is, or expects to be, impacted by the order (including each electric utility identified by the Commission under subparagraph (B)(ii)(III)) shall provide to customers of the electric utility written notice that includes—(i)an identification of the order, including a link to, or instructions for accessing, the order as published under subparagraph (B)(i);(ii)a description of the impacts and expected impacts of the order, including any costs of additional fuel, maintenance, capital, or labor that have occurred or are expected to occur as a result of the order; and(iii)any other information relevant to the electric utility or customers of the electric utility.