Right to Timely Rehearings at FERC Act of 2021

Right to Timely Rehearings at FERC Act of 2021

This bill revises the rehearing process for petitioners aggrieved by an order issued by the Federal Energy Regulatory Commission (FERC) with respect to licensing for projects under the Federal Power Act. Specifically, the bill revises the process to speed up the time line for FERC to respond to requests for rehearing orders.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4746 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4746

 To amend the Federal Power Act with respect to the rehearing process, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2021

 Mr. Casten (for himself and Mr. Malinowski) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act with respect to the rehearing process, 
                        and for other purposes.

    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 ``Right to Timely Rehearings at FERC 
Act of 2021''.

SEC. 2. FEDERAL POWER ACT REHEARINGS.

    Section 313(a) of the Federal Power Act (16 U.S.C. 825l(a)) is 
amended to read as follows:
    ``(a) Rehearings.--
            ``(1) In general.--Any person, electric utility, State, 
        municipality, or State commission aggrieved by an order issued 
        by the Commission in a proceeding under this Act to which such 
        person, electric utility, State, municipality, or State 
        commission is a party may apply for a rehearing within 30 days 
        after the issuance of such order. The application for rehearing 
        shall set forth specifically the ground or grounds upon which 
        such application is based. Upon such application the Commission 
        shall have power to grant or deny rehearing or to abrogate or 
        modify its order without further hearing. No proceeding to 
        review any orders of the Commission shall be brought by any 
        entity unless such entity shall have made application to the 
        Commission for a rehearing thereon. Until the record in a 
        proceeding shall have been filed in a court of appeals, as 
        provided in subsection (b), the Commission may at any time, 
        upon reasonable notice and in such manner as it shall deem 
        proper, modify or set aside, in whole or in part, any finding 
        or order made or issued by it under the provisions of this act.
            ``(2) Deadline.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Commission shall act on the 
                merits of an application filed under paragraph (1) by 
                the date that is 120 days after the date on which the 
                applicable order is issued.
                    ``(B) Exceptions.--
                            ``(i) Finding.--If, by the date that is 120 
                        days after the date on which the applicable 
                        order is issued, the Commission issues a 
                        finding that additional time for consideration 
                        of an application filed under paragraph (1) is 
                        necessary, the Commission shall act on the 
                        merits of the application by the date that is 
                        210 days after the date on which the applicable 
                        order is issued. The Commission may not 
                        delegate the authority to issue a finding under 
                        this clause.
                            ``(ii) Lack of quorum.--If the Commission 
                        fails to act on the merits of an application 
                        filed under paragraph (1) by the applicable 
                        deadline under clause (i) or subparagraph (A) 
                        because the Commission lacks a quorum on such 
                        date, the Commission shall act on the merits of 
                        the application by the date that is 30 days 
                        after the date on which the Commission 
                        establishes a quorum.
                    ``(C) Failure to act.--If the Commission fails to 
                act on the merits of an application filed under 
                paragraph (1) by the applicable deadline under 
                subparagraph (A) or (B), the application shall be 
                deemed to be denied.''.
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