Sponsors (5)
The bill improves transparency, consumer notice, environmental consideration, and local input for electricity emergency orders, but these procedural safeguards add time, complexity, and cost that can slow urgent responses and reduce emergency flexibility.
Electric utilities, regulators, and the public will get clearer, public information about emergency orders because orders, requests, supporting reports, and agency cost estimates must be posted to an online docket, improving transparency and accountability.
Electric customers (ratepayers) will receive written notice within 60 days explaining emergency orders, expected service impacts, and likely costs, giving consumers more awareness and ability to plan or challenge changes.
State and local agencies and communities will have more opportunity to provide input because the Commission must consult relevant non‑Federal, State, and local agencies and hold public hearings before emergency measures, increasing local oversight.
Utilities, grid operators, and communities could face slower responses in fast-moving grid emergencies because new hearings, consultations, and reporting requirements can delay urgent emergency orders.
Utilities and agencies will incur additional administrative and compliance costs to prepare reports, cost estimates, and run hearings; those costs could be passed on to ratepayers through higher charges.
The bill limits emergency authority by prohibiting use of that authority to delay generator retirements or to require output from permanently closed facilities, narrowing tools available to address capacity shortfalls in rare situations.
Based on analysis of 2 sections of legislative text.
Tightens FERC emergency authority by adding environmental review, consultation, cost estimates, public reporting, and customer‑notice requirements and limits forcing operation at retired plants.
Official title: Prohibit the use of certain emergency authority to keep a fossil fuel-powered electric generating facility or fossil fuel power plant online, and for other purposes.
Introduced April 16, 2026 by Edward John Markey · Last progress April 16, 2026
Amends the Federal Power Act to limit and add requirements around the Federal Energy Regulatory Commission’s emergency authority to order operation, interconnection, sales, or exchanges of generation. It narrows open-ended authority to act without notice, requires the Commission to consider less‑damaging alternatives and environmental impacts, expands consultation and public hearing duties, mandates public dockets and post‑order reports, and requires utilities to notify customers of orders and expected costs. The change also restricts use of the emergency power to reverse or delay permanent retirements or to require generation at permanently closed facilities except in narrow, documented circumstances, and requires cost estimates and coordination with federal and relevant non‑federal agencies before issuing or renewing emergency orders.