HR3632-119

2. Furnishing of adequate service; advance notice of planned retirements Section 207 of the Federal Power Act (16 U.S.C. 824f) is amended to read as follows: Whenever the Commission, upon complaint of a State commission or a Transmission Organization, after notice to each State commission and public utility affected, and after opportunity for hearing within 90 days of receipt of such complaint, finds that any interstate service of any public utility is inadequate or insufficient, or is likely to become inadequate or insufficient within 5 years of receiving such complaint, the Commission shall determine the proper, adequate, or sufficient service to be furnished, and shall fix the same by issuing an order, rule, or regulation. The Commission, in an order, rule, or regulation issued under paragraph (1)— may not— compel the enlargement of generating facilities; or compel the public utility to sell or exchange electric energy when to do so would impair its ability to render proper, adequate, or sufficient service to its customers; may require— continuing the operation of an electric generating unit; and any affected State commission, Transmission Organization, or public utility to develop and implement a long-term plan for the planning, construction, and operation of interstate transmission facilities that may be necessary for the public utility to provide adequate and sufficient interstate service; and shall determine— any rate or charge necessary to provide compensation for the additional costs of the proper, adequate, or sufficient service to be furnished, including compensation to an owner or operator of an electric generating unit that is required to continue to operate under such order, rule, or regulation; and the cost allocation of any rate or charge. Except as provided in paragraph (4), an order, rule, or regulation issued under paragraph (1) shall terminate on the date that the Commission determines appropriate, which may not be later than 5 years after the date on which the Commission issues such order, rule, or regulation. Not earlier than the date that is 180 days prior to the date on which an order, rule, or regulation terminates, as determined under paragraph (3), and not later than 60 days prior to such termination date, any affected State commission, Transmission Organization, or public utility may submit to the Commission a request to extend such order, rule, or regulation. With respect to a request submitted under subparagraph (A), the Commission shall— not later than 14 days after the date on which the Commission receives the request, notify each affected State commission, Transmission Organization, and public utility of the request; provide an opportunity for a hearing on the request before accepting or denying the request under clause (iii); and not later than 60 days after the date on which the Commission receives the request— accept the request and extend the applicable order, rule, or regulation; or deny the request. An order, rule, or regulation extended under subparagraph (B) shall terminate on the date that the Commission determines appropriate, which may not be later than 5 years after the date on which the Commission extended such order, rule, or regulation. To the extent an omission or action taken by a party, that is necessary to comply with an order, rule, or regulation issued or extended under this subsection, including any omission or action taken to voluntarily comply with such order, rule, or regulation, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. If an owner or operator of a generating facility plans to retire an electric generating unit that is a component of such facility, such owner or operator shall submit to the Commission and any affected State commission or Transmission Organization a notice of such plan at least 5 years before the date on which such owner or operator plans to retire such electric generating unit. An owner or operator of a generating facility that retires an electric generating unit due to an unplanned catastrophe, emergency, disaster, or similar event that renders such electric generating unit inoperable is not subject to the notice requirement described in paragraph (1). The Commission shall make publicly available each notice submitted under paragraph (1). In this section: The term bulk-power system has the meaning given such term in section 215(a). The term electric generating unit means an electric energy producing unit that— is a component of a generating facility; has a power production capacity of not less than 5 megawatts; and is interconnected to the bulk-power system. The term retire, with respect to an electric generating unit, means to, for an indefinite period of time— idle the electric generating unit; disconnect the electric generating unit from the bulk-power system; or otherwise make unavailable for sale all electric energy that is generated by the electric generating unit. 207.Furnishing of adequate service; advance notice of planned retirements (a)Furnishing of adequate service (1)In generalWhenever the Commission, upon complaint of a State commission or a Transmission Organization, after notice to each State commission and public utility affected, and after opportunity for hearing within 90 days of receipt of such complaint, finds that any interstate service of any public utility is inadequate or insufficient, or is likely to become inadequate or insufficient within 5 years of receiving such complaint, the Commission shall determine the proper, adequate, or sufficient service to be furnished, and shall fix the same by issuing an order, rule, or regulation. (2)RequirementsThe Commission, in an order, rule, or regulation issued under paragraph (1)— (A)may not— (i)compel the enlargement of generating facilities; or (ii)compel the public utility to sell or exchange electric energy when to do so would impair its ability to render proper, adequate, or sufficient service to its customers; (B)may require— (i)continuing the operation of an electric generating unit; and (ii)any affected State commission, Transmission Organization, or public utility to develop and implement a long-term plan for the planning, construction, and operation of interstate transmission facilities that may be necessary for the public utility to provide adequate and sufficient interstate service; and (C)shall determine— (i)any rate or charge necessary to provide compensation for the additional costs of the proper, adequate, or sufficient service to be furnished, including compensation to an owner or operator of an electric generating unit that is required to continue to operate under such order, rule, or regulation; and (ii)the cost allocation of any rate or charge. (3)Term lengthExcept as provided in paragraph (4), an order, rule, or regulation issued under paragraph (1) shall terminate on the date that the Commission determines appropriate, which may not be later than 5 years after the date on which the Commission issues such order, rule, or regulation. (4)Extension (A)Request for extensionNot earlier than the date that is 180 days prior to the date on which an order, rule, or regulation terminates, as determined under paragraph (3), and not later than 60 days prior to such termination date, any affected State commission, Transmission Organization, or public utility may submit to the Commission a request to extend such order, rule, or regulation. (B)DeadlineWith respect to a request submitted under subparagraph (A), the Commission shall— (i)not later than 14 days after the date on which the Commission receives the request, notify each affected State commission, Transmission Organization, and public utility of the request; (ii)provide an opportunity for a hearing on the request before accepting or denying the request under clause (iii); and (iii)not later than 60 days after the date on which the Commission receives the request— (I)accept the request and extend the applicable order, rule, or regulation; or (II)deny the request. (C)Term lengthAn order, rule, or regulation extended under subparagraph (B) shall terminate on the date that the Commission determines appropriate, which may not be later than 5 years after the date on which the Commission extended such order, rule, or regulation. (5)Treatment of certain actionsTo the extent an omission or action taken by a party, that is necessary to comply with an order, rule, or regulation issued or extended under this subsection, including any omission or action taken to voluntarily comply with such order, rule, or regulation, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (b)Advance notice of planned retirements (1)In generalIf an owner or operator of a generating facility plans to retire an electric generating unit that is a component of such facility, such owner or operator shall submit to the Commission and any affected State commission or Transmission Organization a notice of such plan at least 5 years before the date on which such owner or operator plans to retire such electric generating unit. (2)Unplanned retirementsAn owner or operator of a generating facility that retires an electric generating unit due to an unplanned catastrophe, emergency, disaster, or similar event that renders such electric generating unit inoperable is not subject to the notice requirement described in paragraph (1). (3)Publicly availableThe Commission shall make publicly available each notice submitted under paragraph (1). (c)DefinitionsIn this section: (1)Bulk-power systemThe term bulk-power system has the meaning given such term in section 215(a). (2)Electric generating unitThe term electric generating unit means an electric energy producing unit that— (A)is a component of a generating facility; (B)has a power production capacity of not less than 5 megawatts; and (C)is interconnected to the bulk-power system. (3)RetireThe term retire, with respect to an electric generating unit, means to, for an indefinite period of time— (A)idle the electric generating unit; (B)disconnect the electric generating unit from the bulk-power system; or (C)otherwise make unavailable for sale all electric energy that is generated by the electric generating unit. .