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S. 4765IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3002 · S. 4765

Federal authorizations under section 216 of the Federal Power Act

Title III — Federal Energy Regulatory Commission

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Section 216(h) of the Federal Power Act (16 U.S.C. 824p(h)) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking (B) The term and inserting the following: (B) Inclusions In this subsection, the term; and (B) by striking (1) In this subsection and all that follows through The term in subparagraph (A) and inserting the following: (1) Definition of Federal authorization (A) In general In this subsection, the term; and (2) by adding at the end the following: (10) Additional requirements (A) Definition of effects In conducting a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to any Federal authorization (or to any other decision relating to the issuance of a Federal authorization, or the approval or denial of an application, under this section), the Commission shall consider the term effects, as used in that Act with respect to impacts and effects, to mean physical changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that— (i) are reasonably foreseeable, not speculative, and not remote in time or geographically remote; (ii) have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action, respectively, as determined by the Commission; (iii) the Commission has the ability to prevent and that would not occur absent the proposed action or alternative action; and (iv) do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under this section. (B) Requirement For purposes of subparagraph (A)(ii), a but for causal relationship is insufficient to establish a reasonably close causal relationship. (C) Alternatives In conducting a review described in subparagraph (A), any alternatives required to be analyzed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Commission shall— (i) meet the purpose and need for the proposed action; (ii) where applicable, meet the goals of the applicant; and (iii) be within the authority of the Federal agency to control. (D) No use of social cost metrics In conducting a review described in subparagraph (A), the Commission shall not consider or apply any metric that purports to estimate the monetized damages or benefits associated with incremental increases or decreases in greenhouse gas emissions..

Sec. 3002: Federal authorizations under section 216 of the Federal Power Act · Public Law Tracker