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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3034 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3034
To amend the Federal Power Act to require the Federal Energy Regulatory
Commission to review regulations that may affect the reliable operation
of the bulk-power system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2025
Mr. Cotton 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 the Federal Energy Regulatory
Commission to review regulations that may affect the reliable operation
of the bulk-power system, 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 ``Reliable Power Act''.
SEC. 2. COMMISSION REVIEW AND COMMENT FOR COVERED AGENCY ACTIONS.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended--
(1) in subsection (g)--
(A) by striking ``The ERO'' and inserting the
following:
``(1) In general.--The ERO''; and
(B) by adding at the end the following:
``(2) Annual long-term assessment.--The assessments under
paragraph (1) shall include an annual long-term assessment,
which shall include--
``(A) an analysis of the ability of the bulk-power
system to supply sufficient electric energy to maintain
an adequate level of reliability, taking into account--
``(i) generation resource mix;
``(ii) transmission development; and
``(iii) electric energy demand trends;
``(B) an analysis of--
``(i) the risk of future electric energy
supply shortfalls under normal and extreme
weather conditions; and
``(ii) the risk of any such shortfalls
within each region of the bulk-power system;
and
``(C) a determination of whether additional
generation resources are necessary to supply sufficient
electric energy to maintain an adequate level of
reliability during the assessment period.
``(3) Notice of generation inadequacy.--In conducting a
long-term assessment under paragraph (2), if the ERO determines
that the bulk-power system is at risk of not having adequate
generation resources to supply sufficient electric energy to
maintain an adequate level of reliability, the ERO shall
publicly notify the Commission that the bulk-power system is in
a state of generation inadequacy.
``(4) Data collection.--To conduct a long-term assessment
under paragraph (2), the ERO may collect information and data
from users, owners, and operators of the bulk-power system.'';
(2) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Commission Review and Comment for Covered Agency Actions.--
``(1) Definitions.--In this subsection:
``(A) Covered agency action.--The term `covered
agency action' means a regulation that--
``(i) relates to, or otherwise directly
affects, any generation resource in the bulk-
power system; and
``(ii) on the date on which the applicable
Federal agency receives notice from the
Commission under paragraph (2)--
``(I) is under development to be
proposed; or
``(II) is otherwise under
consideration in a rulemaking
proceeding.
``(B) Federal agency.--The term `Federal agency'
means an Executive department (as defined in section
101 of title 5, United States Code) or any other
Executive agency the head of which holds a Cabinet-
level position.
``(2) Notice to federal agencies.--If the ERO notifies the
Commission under subsection (g)(3) that the bulk-power system
is in a state of generation inadequacy, the Commission shall
promptly notify the Department of Energy, the Environmental
Protection Agency, and any other Federal agency the Commission
determines appropriate of that state of generation inadequacy.
``(3) Submission of covered agency actions to the
commission.--
``(A) In general.--Not later than the applicable
date described in subparagraph (B), the head of each
Federal agency that receives a notification under
paragraph (2) shall submit to the Commission for review
and comment any covered agency action of the Federal
agency.
``(B) Date described.--The date referred to in
subparagraph (A) is--
``(i) the first date on which the
applicable covered agency action is provided to
the Office of Management and Budget or any
other Federal agency for review and comment;
``(ii) if the applicable covered agency
action is not provided to the Office of
Management and Budget or any other Federal
agency for review and comment, the date that is
90 days before the date on which the covered
agency action is published in the Federal
Register or otherwise made available for public
inspection or comment; or
``(iii) if, as of the date on which the
Federal agency receives the applicable
notification under paragraph (2), the covered
agency action has already been provided to the
Office of Management and Budget or any other
Federal agency for review and comment, or has
already been published in the Federal Register
or otherwise made available for public
inspection or comment, the date that is 60 days
after the date on which the Federal agency
received the notification.
``(4) Commission comments.--The Commission, in consultation
with the ERO and transmission organizations, shall, by order,
provide to the Federal agency head that submitted to the
Commission a covered agency action under paragraph (3)--
``(A) comments on the covered agency action, which
may include an assessment of the effect of the covered
agency action on rates, terms, and conditions for
services pursuant to the authority of the Commission
under sections 201 and 206; and
``(B) if applicable, recommendations for
modifications to the covered agency action to prevent a
significant negative impact on the ability of the bulk-
power system to supply sufficient electric energy to
maintain an adequate level of reliability.
``(5) Agency response.--The head of a Federal agency may
not finalize a covered agency action that is submitted to the
Commission under paragraph (3) until--
``(A) the agency head responds in writing to the
Commission with an explanation of how the agency head
modified, or why the agency head determined not to
modify, the covered agency action in response to any
comments and recommendations provided by the Commission
under paragraph (4); and
``(B) the Commission determines that the covered
agency action is not likely to have a significant
negative impact on the ability of the bulk-power system
to supply sufficient electric energy to maintain an
adequate level of reliability.
``(6) Public availability of comments and responses.--A
Federal agency head shall include any comments,
recommendations, and responses relating to the covered agency
action under paragraphs (4) and (5) in--
``(A) any submission of the covered agency action
to the Federal Register for publication; and
``(B) any other place in which the covered agency
action is otherwise made available for public
inspection or comment.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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