Power Plant Reliability Act of 2025
This bill modifies the process that the Federal Energy Regulatory Commission (FERC) uses to determine, upon a complaint from a state commission, whether a public utility (i.e., power plant) must remain open because the retirement of the power plant will make the bulk power system unreliable, including by allowing transmission organizations to also file complaints with FERC.
If FERC finds that any interstate service of any public utility is inadequate or insufficient, or is likely to become inadequate or insufficient within five years of receiving such complaint, then FERC must determine the proper, adequate, or sufficient service to be furnished through an order, rule, or regulation (order).
The bill specifies that FERC may order a power plant to remain open for up to five years. Any affected state commission, transmission organization, or power plant may request that FERC extend such order.
A FERC order must determine (1) any rate or charge necessary to provide compensation for the additional costs of the service, and (2) the cost allocation of any rate or charge.
A power plant owner or operator must notify FERC and affected state commissions or transmission organizations at least five years before any planned retirement of a unit of an electric generating facility except in the case of an emergency or similar event that renders a unit inoperable.
The bill exempts from federal, state, and local environmental laws and regulations any action taken by a generating facility to comply with such orders.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3632
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
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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.
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 ``Power Plant Reliability Act of
2025''.
SEC. 2. FURNISHING OF ADEQUATE SERVICE; ADVANCE NOTICE OF PLANNED
RETIREMENTS.
Section 207 of the Federal Power Act (16 U.S.C. 824f) is amended to
read as follows:
``SEC. 207. FURNISHING OF ADEQUATE SERVICE; ADVANCE NOTICE OF PLANNED
RETIREMENTS.
``(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)--
``(A) 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;
``(B) 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
``(C) 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--
``(I) accept the request and extend
the applicable order, rule, or
regulation; or
``(II) 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:
``(1) Bulk-power system.--The term `bulk-power system' has
the meaning given such term in section 215(a).
``(2) Electric generating unit.--The term `electric
generating unit' means an electric energy producing unit that--
``(A) is a component of a generating facility;
``(B) has a power production capacity of not less
than 5 megawatts; and
``(C) is interconnected to the bulk-power system.
``(3) Retire.--The term `retire', with respect to an
electric generating unit, means to, for an indefinite period of
time--
``(A) idle the electric generating unit;
``(B) disconnect the electric generating unit from
the bulk-power system; or
``(C) otherwise make unavailable for sale all
electric energy that is generated by the electric
generating unit.''.
<all>
Ordered to be Reported by the Yeas and Nays: 25 - 21.
Reported by the Committee on Energy and Commerce. H. Rept. 119-307.
Reported by the Committee on Energy and Commerce. H. Rept. 119-307.
Placed on the Union Calendar, Calendar No. 261.
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-307, Part II.
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-307, Part II.
Rules Committee Resolution H. Res. 951 Reported to House. Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
Considered under the provisions of rule H. Res. 951. (consideration: CR H5927-5933)
Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
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DEBATE - The House proceeded with one hour of debate on H.R. 3632.
The previous question was ordered pursuant to the rule.
Ms. Scholten moved to recommit to the Committee on Energy and Commerce. (text: CR H5933)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate H.R. 3632, the Chair put the question on motion to recommit and announced the noes had prevailed. Ms. Scholten demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H5934-5935)
On motion to recommit Failed by the Yeas and Nays: 207 - 218 (Roll no. 341).
Roll Call #341 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 222 - 202 (Roll no. 342). (text: CR H5927-5928)
Roll Call #342 (House)On passage Passed by the Yeas and Nays: 222 - 202 (Roll no. 342). (text: CR H5927-5928)
Roll Call #342 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.