Modifications to emergency authority under the Federal Power Act

Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended— (1) in paragraph (1)— (A) by striking Commission after During the continuance of any war in which the United States is engaged, or whenever the and inserting Secretary of Energy (referred to in this subsection as the Secretary); (B) by striking or other causes, the Commission and inserting the Secretary; (C) by striking its own motion and inserting the Secretary’s motion; (D) by striking its judgment and inserting the Secretary’s judgment; (E) by inserting As part of the order, the Secretary shall explain why such order, including the requirements under such order, will best meet the emergency and serve the public interest. after serve the public interest.; and (F) by striking Commission after carrying out such order, the and inserting Federal Energy Regulatory Commission (referred to in this subsection as the Commission); (2) in paragraph (2)— (A) by striking Commission after law or regulation, the and inserting Secretary; and (B) by adding at the end the following: The Secretary shall state in each such order— (A) that is in effect for 96 or fewer hours, the specific hours that are necessary to meet the emergency and serve the public interest; or (B) that is in effect for more than 96 hours, the specific methodology by which such hours that are necessary to meet the emergency and serve the public interest were determined.; (3) in paragraph (4)— (A) by striking Commission each place it appears and inserting Secretary; (B) in subparagraph (A), by striking that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation; (C) in subparagraph (B)— (i) by inserting that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation after In renewing or reissuing an order under subparagraph (A); and (ii) by inserting The Secretary shall publicly identify the primary Federal agency consulted. after practicable.; and (D) by adding at the end the following: (C) Before renewing or reissuing an order under subparagraph (A), the Secretary shall undertake a robust study of available alternatives that would reduce the net costs as compared to renewing or reissuing the order. (D) In the event the Secretary issues a renewed or reissued order under this paragraph, a petition for judicial review of such renewed or reissued order may be filed under section 313(b) without filing a request for rehearing or otherwise complying with any requirements of section 313(a).; and (4) by adding at the end the following: (6) (A) Not later than 30 days after the date on which the Secretary issues an order under this subsection (including any renewal or reissuance of an order under this subsection), the Commission shall publish, including on a publicly accessible website, a report on— (i) the results of the study of alternatives under paragraph (4), if applicable; (ii) the causes of the applicable emergency; (iii) estimates of the costs that are expected to be incurred by any electric utility and customers of such electric utility as a result of the order; and (iv) other expected impacts of the order. (B) Not later than 60 days after the date on which the Secretary issues an order under this subsection (including any renewal or reissuance of an order under this subsection), an electric utility that has been, or is expected to be, affected as a result of the order, including any electric utility described in subparagraph (A)(iii), shall provide in writing to customers of the electric utility a description of the costs incurred due to the order, or costs expected to be incurred as a result of the order, including any information relevant to the electric utility and the customers of the electric utility published in the applicable report under subparagraph (A). (7) (A) Except as provided in subparagraph (B), the Commission may not issue an order under this subsection (including any renewal or reissuance of an order under this subsection) that would— (i) prevent or delay the retirement or other permanent closure of a facility for the generation of electric energy; or (ii) require the generation of electric energy at a facility that has retired or otherwise permanently closed. (B) Subparagraph (A) shall not apply to a particular facility if— (i) an emergency exists that cannot be met in any manner other than the delay of the retirement or other permanent closure of the facility; and (ii) the applicable Transmission Organization requests in writing to the Secretary to delay the retirement or other permanent closure of the facility..