[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S386-S387]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3123. Mr. HEINRICH (for himself, Mr. Whitehouse, Mr. Udall, Ms.
Warren, Mr. Franken, and Mr. King) submitted an amendment intended to
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill
S. 2012, to provide for the modernization of the energy policy of the
United States, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle A of title III, add the following:
PART V--ENERGY STORAGE
SEC. 3021. ENERGY STORAGE PORTFOLIO STANDARD.
(a) In General.--Title VI of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by
adding at the end the following:
``SEC. 610. ENERGY STORAGE PORTFOLIO STANDARD.
``(a) Definitions.--In this section:
``(1) Energy storage device.--The term `energy storage
device' includes a device
[[Page S387]]
used to store energy using pumped hydropower, compressed air,
batteries or other electrochemical forms (including hydrogen
for fuel cells), thermal forms (including hot water and ice),
flywheels, capacitors, superconducting magnets, and other
energy storage devices, to be available for use when the
energy is needed.
``(2) Retail electric supplier.--
``(A) In general.--The term `retail electric supplier'
means a person that--
``(i) sells electric energy to electric consumers; and
``(ii) sold not less than 500,000 megawatt hours of
electric energy to electric consumers for purposes other than
resale during the preceding calendar year.
``(B) Inclusion.--The term `retail electric supplier'
includes a person that sells electric energy to electric
consumers that, in combination with the sales of any
affiliate organized after the date of enactment of this
section, sells not less than 500,000 megawatt hours of
electric energy to consumers for purposes other than resale.
``(C) Exclusions.--The term `retail electric supplier' does
not include--
``(i) the United States, a State, any political subdivision
of a State, or any agency, authority, or instrumentality of
the United States, a State, an Indian tribe, or a political
subdivision; or
``(ii) a rural electric cooperative.
``(D) Sales to parent companies or affiliates.--For
purposes of this paragraph, sales by any person to a parent
company or to other affiliates of the person shall not be
treated as sales to electric consumers.
``(b) Requirements.--
``(1) Primary standards.--Subject to paragraph (2) and
except as provided in subsection (e)(2), each retail electric
supplier shall achieve compliance with the following energy
storage portfolio standards by the following dates:
``(A) January 1, 2021.--Not later than January 1, 2021,
each retail electric supplier shall have available on the
system of the retail electric supplier energy storage devices
with a power capacity rating equal to not less than 1 percent
of the annual average peak power demand of the system, as--
``(i) measured over a 1-hour period; and
``(ii) averaged over the period of calendar years 2017
through 2019.
``(B) January 1, 2025.--Not later than January 1, 2025,
each retail electric supplier shall have available on the
system of the retail electric supplier energy storage devices
with a power capacity rating equal to not less than 2 percent
of the annual average peak power demand of the system, as--
``(i) measured over a 1-hour period; and
``(ii) averaged over the period of calendar years 2021
through 2023.
``(2) Secondary standard.--Of each applicable storage
capacity required under paragraph (1), at least 50 percent
shall be sufficient to provide electricity at the rated
capacity for a duration of not less than 1 hour.
``(c) Inclusions.--The following may be used to comply with
the energy storage portfolio standards established by
subsection (b):
``(1) Energy storage devices associated with a retail
customer of the retail electric supplier.
``(2) Energy storage owned or operated by the retail
electric supplier.
``(3) Energy storage devices that are electrically
connected to the retail electric supplier and available to
provide power, including storage owned by--
``(A) a third party;
``(B) a regional transmission entity; or
``(C) a transmission or generation entity.
``(d) Exclusion.--An energy storage device placed in
operation before January 1, 2009, may not be used to achieve
compliance with the energy storage portfolio standards
established by subsection (b).
``(e) Deadline for Compliance.--
``(1) In general.--Subject to paragraph (2), the chief
executive officer of each retail electric supplier shall
certify to the Secretary compliance with the energy storage
portfolio standards established by subsection (b) by the
applicable dates specified in that subsection.
``(2) Waivers.--
``(A) In general.--Notwithstanding any other provision of
this section, the Secretary may provide to a retail electric
supplier a waiver of an applicable deadline under subsection
(b) for a period of 1 calendar year, if the Secretary
determines that achieving compliance by the applicable
deadline would present undue hardship to--
``(i) the retail electric supplier; or
``(ii) ratepayers of the retail electric supplier.
``(B) Additional waivers.--The Secretary may provide to a
retail electric supplier such additional 1-year waivers under
subparagraph (A) as the Secretary determines to be
appropriate on making a subsequent determination under that
subparagraph.''.
(b) Table of Contents Amendment.--The table of contents of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
prec. 2601) is amended by adding at the end of the items
relating to title VI the following:
``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Energy storage portfolio standard.''.
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