HR3616-119

What This Bill Does

H.R.3616, the Reliable Power Act, would expand Federal Power Act section 215. The Electric Reliability Organization, currently the North American Electric Reliability Corporation (NERC), would have to include an annual long-term assessment in its reliability reviews. It would examine generation mix, transmission development, demand trends, regional supply-shortfall risks in normal and extreme weather, and whether additional generation is needed. NERC could collect information from bulk-power-system users, owners and operators. This builds on existing periodic-assessment duties, rather than creating the first grid-reliability assessment.

If NERC found inadequate-generation risk, it would publicly notify the Federal Energy Regulatory Commission (FERC). FERC would promptly notify the Department of Energy, Environmental Protection Agency and any other agency it determines appropriate. Notified agencies would then submit covered pending regulations to FERC for review. A covered regulation must relate to or directly affect a bulk-power generation resource and already be under development or rulemaking consideration when the agency receives notice. This is not a blanket review of every later agency action, existing final rule, state rule or individual permit. The bill's federal-agency definition is limited to Executive departments and other Executive agencies in the President's cabinet.

An agency could not finalize a covered regulation until it both responded in writing to FERC's comments and obtained FERC's finding that the regulation is unlikely to have a significant negative effect on adequate bulk-power supply. The agency can explain why it declined a recommended modification, but that explanation does not replace the required FERC finding. The bill is still a proposal: the latest official action checked September 22, 2026 was Senate Energy and Natural Resources referral on December 18, 2025.

Who Benefits and How

Operators of generation resources affected by a covered pending rule could benefit if FERC review delays the rule or produces modifications that reduce compliance requirements threatening resource adequacy. The text is technology-neutral: it does not expressly reserve protection for coal, gas, nuclear or renewable generation. FERC gains an additional decision-making role, and NERC and transmission organizations retain specified consultation roles.

Electricity customers could benefit if this process actually prevents supply shortfalls. That is an intended, conditional reliability outcome, not a guaranteed reduction in outages or rates. The bill neither orders construction of new plants nor directly awards subsidies, contracts or guaranteed generator revenue.

Who Bears the Burden and How

FERC would assess covered rules, issue comments by order, consider rate and service effects if it chooses, and make the required reliability finding. DOE, EPA and other covered notified agencies would face an additional procedural and finalization constraint. NERC would perform specified annual assessments and public notifications. The statute authorizes data collection but does not itself establish a recurring form or explicit universal filing deadline for every grid operator.

If a blocked regulation would otherwise reduce pollution or another harm, delayed implementation could postpone those protections for affected communities. The bill does not quantify that tradeoff or ensure that every affected regulation has such effects. It states no new appropriation, review-completion deadline, automatic approval if FERC is silent, express emergency bypass, or express termination procedure for a generation-inadequacy notice. Those omissions can make regulatory timing uncertain.

Key Provisions

• Requires annual long-term adequacy assessments covering resource mix, transmission, demand, regional shortfall risks and additional generation needs.
• Requires public NERC notice to FERC when generation inadequacy is found, followed by prompt FERC notice to DOE, EPA and other appropriate agencies.
• Requires covered rules to be submitted when first sent for interagency review, or at least 90 days before publication or public availability when no such review occurs.
• Prohibits finalizing a covered rule without both a written agency response and FERC's favorable reliability finding.
• Requires publication of FERC comments, recommendations and agency responses with the covered action.