Bulk-Power System Reliability Impact Statement Act
This bill amends the Federal Power Act to require reliability coordinators registered with the Electric Reliability Organization (ERO) to report to certain congressional committees and the Federal Energy Regulatory Commission (FERC) regarding:
FERC must:
A reliability coordinator may also submit voluntarily a reliability impact statement for any proposed major federal rule that the coordinator determines would significantly affect the reliable operation of the bulk-power system within the coordinator's jurisdiction.
If a proposed rule subject to a reliability impact statement affects an area broader than the jurisdiction of a single reliability coordinator, the ERO must convene a committee of the affected reliability coordinators in order to produce a single statement that demonstrates for each affected area the reliability impact of the proposed rule.
When issuing a proposed major rule subject to a reliability impact statement, the head of the federal agency must:
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1221 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1221
To amend the Federal Power Act to require periodic reports on
electricity reliability and reliability impact statements for rules
affecting the reliable operation of the bulk-power system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2015
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Power Act to require periodic reports on
electricity reliability and reliability impact statements for rules
affecting the reliable operation of the bulk-power system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk-Power System Reliability Impact
Statement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) no other electricity network in the world provides as
much power to as many people as reliably and affordably as the
electric grid in the United States, but keeping the lights on
in the United States is a highly complex undertaking;
(2) according to the 2015 Quadrennial Energy Review, the
electric grid ``must handle a diverse and evolving mix of
energy sources and energy products; link sources, processors,
and users across immense distances; match demands that vary on
multiple time scales; co-exist with competing uses of the same
systems; and perform 24 hours a day, 365 days a year with high
reliability'';
(3) diversity is the key characteristic of the electric
system in the United States as the electric grid in the United
States is immensely complicated due to the fact that--
(A) wholesale electric service and the bulk-power
system have evolved in many different regions of the
United States with a variety of ownership and
operational structures; and
(B) the electric grid must adapt to managing an
increasingly variable energy mix and addressing
retiring baseload capacity;
(4) as set forth in Presidential Policy Directive 21
entitled the ``Presidential Policy Directive on Critical
Infrastructure Security and Resilience'', even within critical
infrastructure of the United States, energy systems are
``uniquely critical due to the enabling functions they provide
across all critical infrastructure sectors'';
(5) the wholesale electric service and the bulk-power
system of the United States should provide for the United
States electric service that is abundant, affordable, clean,
diverse, and secure;
(6) Federal regulators empowered by Congress should be
directed to use their authority to enable and not impede, on
balance, the reliability and affordability of electric service;
and
(7) just as the benefits of the electric grid accrue to
all, the burden of maintaining the electric grid must also be
fairly borne by all.
SEC. 3. RELIABILITY REPORTS.
Section 215(g) of the Federal Power Act (16 U.S.C. 824o(g)) is
amended--
(1) by striking ``The ERO'' and inserting the following:
``(1) In general.--The ERO''; and
(2) by adding at the end the following:
``(2) Reliability coordinators.--Not later than 180 days
after the date of enactment of this paragraph and not less than
every 3 years thereafter, each reliability coordinator
registered with the ERO shall submit to the appropriate
committees of Congress and the Commission a report that
describes, as of the date of the report--
``(A) the state of and prospects for the
reliability and affordability of electricity within the
geographic area covered by the reliability coordinator;
and
``(B) the most significant risks to the reliability
of the bulk-power system that might arise or need to be
monitored within the geographic area covered by the
coordinator, including risks from proposed or final
Federal regulations.''.
SEC. 4. RELIABILITY IMPACT STATEMENT.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by
adding at the end the following:
``(l) Reliability Impact Statement.--
``(1) Solicitation by commission.--Not later than 15 days
after the date on which the head of a Federal agency proposes a
major rule (as defined in section 804 of title 5, United States
Code) that may significantly affect the reliable operation of
the bulk-power system, the Commission shall solicit from any
applicable reliability coordinator registered with the ERO
affected by the proposed rule a reliability impact statement
with respect to the proposed rule.
``(2) Voluntary submission by reliability coordinator.--A
reliability coordinator may prepare, on the initiative of the
reliability coordinator, a reliability impact statement for any
proposed major Federal rule that the reliability coordinator
determines would significantly affect the reliable operation of
the bulk-power system within the jurisdiction of the
reliability coordinator.
``(3) Multijurisdictional coordination.--If a proposed rule
subject to a reliability impact statement under paragraph (1)
or (2) affects an area broader than the jurisdiction of a
single reliability coordinator, the ERO shall convene a
committee of the affected reliability coordinators to produce a
single reliability impact statement that demonstrates for each
affected area the reliability impact of the proposed rule.
``(4) Requirements.--A reliability impact statement under
paragraph (1) or (2) shall include a detailed statement on--
``(A) the impact of the proposed rule on the
reliable operation of the bulk-power system;
``(B) any adverse effects on the reliable operation
of the bulk-power system if the proposed rule was
implemented; and
``(C) alternatives to cure the identified adverse
reliability impacts, including, at the discretion of
the reliability coordinator, a no-action alternative.
``(5) Submission to commission.--On completion of a
reliability impact statement under paragraph (1) or (2), the
reliability coordinator or a committee of affected reliability
coordinators convened under paragraph (3) shall submit to the
Commission the reliability impact statement.
``(6) Transmittal to head of federal agency.--On receipt of
a reliability impact statement submitted to the Commission
under paragraph (5), the Commission shall transmit to the head
of the applicable Federal agency the reliability impact
statement prepared under this subsection for inclusion in the
public record.
``(7) Inclusion of detailed response in final rule.--In
issuing a proposed major rule subject to a reliability impact
statement prepared under paragraph (1) or (2), the head of the
Federal agency shall--
``(A) consider the reliability impact statement in
issuing the proposed major rule; and
``(B) include in the final rule a detailed response
to the reliability impact statement.''.
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Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 114-344.
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