[House Report 117-535]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-535

======================================================================
 
   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT, AND DIRECTING THE 
   SECRETARY OF ENERGY, TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES 
 CERTAIN INFORMATION RELATING TO PLANS TO PROTECT BASELOAD BULK POWER 
   SYSTEM GENERATION AND TRANSMISSION TO MAINTAIN BULK POWER SYSTEM 
                              RELIABILITY

                                _______
                                

 September 30, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                      [To accompany H. Res. 1326]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 1326) of inquiry requesting the 
President, and directing the Secretary of Energy, to transmit 
to the House of Representatives certain information relating to 
plans to protect baseload bulk power system generation and 
transmission to maintain bulk power system reliability, having 
considered the same, report unfavorably thereon without 
amendment and recommend that the resolution not be agreed to.

                                CONTENTS

                                                                     Page
   I. Purpose and Summary.............................................  2
  II. Background and Need for the Legislation.........................  2
 III. Committee Hearings..............................................  3
  IV. Committee Consideration.........................................  3
   V. Committee Votes.................................................  3
  VI. Oversight Findings..............................................  5
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure  5
VIII. Federal Mandates Statement......................................  5
  IX. Statement of General Performance Goals and Objectives...........  5
   X. Duplication of Federal Programs.................................  5
  XI. Committee Cost Estimate.........................................  5
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....  5
XIII. Advisory Committee Statement....................................  6
 XIV. Applicability to Legislative Branch.............................  6
  XV. Section-by-Section Analysis of the Legislation..................  6
 XVI. Changes in Existing Law Made by the Bill, as Reported...........  6
XVII. Dissenting Views................................................  7

                         I. PURPOSE AND SUMMARY

    H. Res. 1326 requests the President, and directs the 
Secretary of Energy, to transmit to the House of 
Representatives, not later than 14 days after the date of the 
adoption of the resolution, information relating to plans to 
respond to the insufficient baseload electricity generation and 
transmission described by the North American Electric 
Reliability Corporation in the document titled ``2022 Summer 
Reliability Assessment.'' The resolution also requests 
correspondence related to how the bulk power system will be 
affected by the Environmental Protection Agency's alternative 
closure requirements for coal ash landfills and surface 
impoundments and finalization of the proposed rule ``Federal 
Implementation Plan Addressing Regional Ozone Transport for the 
2015 Ozone National Ambient Air Quality Standard.''

                II. BACKGROUND AND NEED FOR LEGISLATION

    H. Res. 1326, requests information pertaining to plans to 
respond to the North American Electric Reliability 
Corporation's (NERC) 2022 Summer Reliability Assessment. The 
resolution also requests correspondence between the Secretary 
of Energy and bulk power system operators, the Chair of the 
Federal Energy Regulatory Commission, and the Administrator of 
the Environmental Protection Agency (EPA) relating to how the 
premature retirement of electric generating units is expected 
to affect the reliability of bulk power systems. This request 
is unnecessary and moot.
    NERC released its ``2022 Summer Reliability Assessment'' in 
May 2022.\1\ The report addresses the reliability of the bulk 
power system for the ``upcoming summer season.''\2\ The 
resolution's request is now moot, as the summer season has 
ended without reliability events caused by ``insufficient 
baseload electricity generation.''
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    \1\North American Electric Reliability Corporation, Reliability 
Assessment (May 2022).
    \2\Id.
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    EPA issued a proposed ``Federal Implementation Plan 
Addressing Regional Ozone Transport for the 2015 Ozone National 
Ambient Air Quality Standard'' on April 6, 2022.\3\ To date, 
EPA has not issued a final rule on implementation of the 2015 
Ozone National Ambient Air Quality Standard. Disclosure of the 
correspondence requested by the resolution would interfere with 
an ongoing rulemaking process and may bias parties to the 
proceeding.
---------------------------------------------------------------------------
    \3\Environmental Protection Agency, Proposed Rule: Federal 
Implementation Plan Addressing Regional Ozone Transport for the 2015 
Ozone National Ambient Air Quality Standard (May 12, 2022) (EPA-HQ-OAR-
2021-0668)
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    Finally, the resolution's request for materials pertaining 
to the alternative closure requirement for coal ash landfills 
and surface impoundments rule's effect on the bulk power system 
is premature. To date, the Committee is aware of only one 
written request to the EPA Administrator by supporters of H. 
Res. 1326 for materials on this subject.\4\ However, the 
Committee is unaware of any requests for information from the 
Secretary of Energy related to that rule's effect on the bulk 
power system or any subsequent attempts to elicit that 
information. A resolution of inquiry is the final step in 
requesting information from an Administration; it is not a tool 
to be used prior to exhausting other routine avenues for 
gathering such information.
---------------------------------------------------------------------------
    \4\Letter from Rep. Cathy McMorris Rogers, Ranking Member, House 
Committee on Energy and Commerce, et al. to Hon. Michael S. Regan, 
Administrator, Environmental Protection Agency (July 12, 2022) 
(www.republicans-energycommerce.house.gov/news/house-republicans-
demand-answers-from-epa-on-life-threatening-blackouts-and-grid-
instability/).
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                        III. COMMITTEE HEARINGS

    The Committee on Energy and Commerce has not held a hearing 
on H. Res. 1326.

                      IV. COMMITTEE CONSIDERATION

    H. Res. 1326 was introduced on August 26, 2022, by 
Representative Armstrong (R-ND) and was referred to the 
Committee on Energy and Commerce. Subsequently, on August 27, 
2022, the resolution was referred to the Subcommittee on 
Energy. The resolution was discharged from the Subcommittee on 
Energy on September 21, 2022.
    On September 21, 2021, the Committee met in open markup 
session and ordered H. Res. 1326, without amendment, adversely 
reported to the House by a record vote of 30 yeas and 20 nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there was one record vote taken on H. 
Res. 1326, including a motion by Mr. Pallone ordering H. Res. 
1326 adversely reported to the House, without amendment. The 
motion on final passage of the bill was approved by a record 
vote of 30 yeas to 20 nays. The following are the record votes 
taken during Committee consideration, including the names of 
those members voting for and against.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to request 
that the President and direct the Secretary of Energy to 
furnish certain information to the House of Representatives 
related to the President's plans to sell crude oil from the SPR 
and to refill the SPR.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1326 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1326 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 1326 requests the President, and directs the 
Secretary of Energy, to transmit to the House of 
Representatives, not later than 14 days after the date of the 
adoption of the resolution, information relating to plans to 
respond to the insufficient baseload electricity generation and 
transmission described by the North American Electric 
Reliability Corporation in the document titled ``2022 Summer 
Reliability Assessment.'' The resolution also requests 
correspondence related to how the bulk power system will be 
affected by the Environmental Protection Agency's (EPA) 
alternative closure requirements for coal ash landfills and 
surface impoundments and its Federal Implementation Plan 
Addressing Regional Ozone Transport for the 2015 Ozone National 
Ambient Air Quality Standard.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H. 
Res. 1326.

                         XVII. DISSENTING VIEWS

    We support H. Res. 1326, a resolution that requests the 
President, and directs the Secretary of Energy, to provide 
Congress with information relating to plans to protect baseload 
bulk power system generation and transmission to ensure grid 
reliability.
    The Department of Energy (DOE) serves a central role to 
ensure the delivery of energy and electricity, and to prepare 
for all hazards that could impact the reliability of the bulk 
power system and the electric grid. Beginning on his first day 
in office, President Biden issued Executive Orders and directed 
Federal agencies to issue environmental regulations to 
eliminate fossil fuels and force the early retirement of coal 
and natural gas power plants. The Biden Administration's 
actions have had a chilling effect on domestic energy 
infrastructure, investments, and supplies, and contributed to 
the highest prices for many energy commodities on record.
    The Biden Administration's anti-fossil fuel agenda is a 
direct threat to the reliability of the electric grid and well-
functioning electricity markets. Earlier this year, the North 
American Electric Reliability Corporation (NERC) issued an 
alarming assessment, reporting that more than half of the 
nation will be at elevated risk of power outages because of 
insufficient generation resources.\1\ This troubling situation 
represents the most immediate examples of a broader and growing 
trend of increased reliability risks across the nation's 
electricity systems. However, there has been little effort 
during the Biden Administration to address relevant policies 
that contribute to these risk--policies relating to the 
delivery of energy fuels, market-design issues, environmental 
agendas, and regulations that threaten power generation.
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    \1\North American Electric Reliability Corporation. (May 2022). 
2022 Sumer Reliability Assessment, NERC, May 2022.
---------------------------------------------------------------------------
    H. Res. 1326 is necessary because the Biden Administration 
and DOE have failed to prepare for immediate risks to electric 
grid reliability, and impeded efforts by Congress to conduct 
oversight. On June 6, 2022, 26 members of Congress sent a 
letter to DOE outlining the risks to the nation's bulk power 
system and requesting information relating to specific actions, 
plans, and coordination with other Federal agencies and States 
to protect the reliability of the bulk power system.\2\ 
Regrettably, DOE failed to provide an adequate response and the 
Majority has declined to hold hearings on this important issue.
---------------------------------------------------------------------------
    \2\Letter from Representative Cathy McMorris Rodgers and colleagues 
to the Honorable Jennifer Granholm, Secretary of Energy, (June 6, 
2022), available at: https://republicans-energycommerce.house.gov/wp-
content/uploads/2022/06/06.06.2022-Energy-and-Commerce-DOE-Electricity-
Blackout-Crisis.pdf.
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    For these reasons, we support H. Res. 1326 and offer these 
dissenting views.
                                    Cathy McMorris Rodgers,
               Republican Leader, Committee on Energy and Commerce.

                                  [all]