Ratepayer protection against uneconomic power generation

Section 202(c) of the Federal Power Act (16 U.S.C. 824a) 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 exists after determines that an emergency and inserting currently exists or will occur within 6 months; (C) by striking Commission after or other causes, the and inserting Secretary; (D) by inserting As part of the order, the Secretary shall explain why such order best meets the emergency and serves the public interest. after serve the public interest.; and (E) 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 such orders— (A) that are 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 are 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 wherever 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 make available to the public the primary Federal agency consulted. after practicable.; and (D) by adding at the end— (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 paragraph (1), the Commission shall publish— (i) 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 (ii) other expected impacts of the order. (B) Not later than 60 days after the date on which the Secretary issues an order under paragraph (1), 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)(i), 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 under subparagraph (A)..