Power Plant Reliability Act of 2025 · Introduced in House (2025-05-29)

119th CONGRESS 1st Session

To amend the Federal Power Act to adjust the requirements for orders, rules, and regulations relating to furnishing adequate service, to require owners or operators of generating facilities to provide notice of planned retirements of certain electric generating units, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · May 29, 2025 · Sponsor: Mr. Griffith · Committee: Committee on Energy and Commerce

SEC. 2. Furnishing of adequate service; advance notice of planned retirements

Section 207 of the Federal Power Act () is amended to read as follows: 16 U.S.C. 824f

(a) Furnishing of adequate service
- (1) In general
  - Whenever the Commission, upon complaint of a State commission or a Transmission Organization, after notice to each State commission and public utility affected, and after opportunity for hearing within 90 days of receipt of such complaint, finds that any interstate service of any public utility is inadequate or insufficient, or is likely to become inadequate or insufficient within 5 years of receiving such complaint, the Commission shall determine the proper, adequate, or sufficient service to be furnished, and shall fix the same by issuing an order, rule, or regulation.
- (2) Requirements
  - The Commission, in an order, rule, or regulation issued under paragraph (1)—
    - may not—
      - (i) compel the enlargement of generating facilities; or
      - (ii) compel the public utility to sell or exchange electric energy when to do so would impair its ability to render proper, adequate, or sufficient service to its customers;
    - may require—
      - (i) continuing the operation of an electric generating unit; and
      - (ii) any affected State commission, Transmission Organization, or public utility to develop and implement a long-term plan for the planning, construction, and operation of interstate transmission facilities that may be necessary for the public utility to provide adequate and sufficient interstate service; and
    - shall determine—
      - (i) any rate or charge necessary to provide compensation for the additional costs of the proper, adequate, or sufficient service to be furnished, including compensation to an owner or operator of an electric generating unit that is required to continue to operate under such order, rule, or regulation; and
      - (ii) the cost allocation of any rate or charge.
- (3) Term length
  - Except as provided in paragraph (4), an order, rule, or regulation issued under paragraph (1) shall terminate on the date that the Commission determines appropriate, which may not be later than 5 years after the date on which the Commission issues such order, rule, or regulation.
- (4) Extension
  - (A) Request for extension
    - Not earlier than the date that is 180 days prior to the date on which an order, rule, or regulation terminates, as determined under paragraph (3), and not later than 60 days prior to such termination date, any affected State commission, Transmission Organization, or public utility may submit to the Commission a request to extend such order, rule, or regulation.
  - (B) Deadline
    - With respect to a request submitted under subparagraph (A), the Commission shall—
      - (i) not later than 14 days after the date on which the Commission receives the request, notify each affected State commission, Transmission Organization, and public utility of the request;
      - (ii) provide an opportunity for a hearing on the request before accepting or denying the request under clause (iii); and
      - (iii) not later than 60 days after the date on which the Commission receives the request—
      - accept the request and extend the applicable order, rule, or regulation; or
      - deny the request.
  - (C) Term length
    - An order, rule, or regulation extended under subparagraph (B) shall terminate on the date that the Commission determines appropriate, which may not be later than 5 years after the date on which the Commission extended such order, rule, or regulation.
- (5) Treatment of certain actions
  - To the extent an omission or action taken by a party, that is necessary to comply with an order, rule, or regulation issued or extended under this subsection, including any omission or action taken to voluntarily comply with such order, rule, or regulation, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation.
(b) Advance notice of planned retirements
- (1) In general
  - If an owner or operator of a generating facility plans to retire an electric generating unit that is a component of such facility, such owner or operator shall submit to the Commission and any affected State commission or Transmission Organization a notice of such plan at least 5 years before the date on which such owner or operator plans to retire such electric generating unit.
- (2) Unplanned retirements
  - An owner or operator of a generating facility that retires an electric generating unit due to an unplanned catastrophe, emergency, disaster, or similar event that renders such electric generating unit inoperable is not subject to the notice requirement described in paragraph (1).
- (3) Publicly available
  - The Commission shall make publicly available each notice submitted under paragraph (1).
(c) Definitions
- In this section:
  - The term bulk-power system has the meaning given such term in section 215(a).
  - The term electric generating unit means an electric energy producing unit that—
  - The term , with respect to an electric generating unit, means to, for an indefinite period of time— retire

H.R. 3632

Table of contents

SEC. 1. Short title

SEC. 2. Furnishing of adequate service; advance notice of planned retirements