119-hr3632

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Reported in House

    (RH) ]

<DOC>

 Union Calendar No. 261
119th CONGRESS
 1st Session
 H. R. 3632

 [Report No. 119-307]

 To amend the Federal Power Act to adjust the requirements for orders, 
 rules, and regulations relating to furnishing adequate service, to 
require owners or operators of generating facilities to provide notice 
 of planned retirements of certain electric generating units, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 29, 2025

 Mr. Griffith introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

 September 23, 2025

 Additional sponsors: Mr. Carter of Georgia, Mr. Obernolte, Mr. Onder, 
 and Mrs. Miller of West Virginia

 September 23, 2025

Committed to the Committee of the Whole House on the State of the Union 
 and ordered to be printed

_______________________________________________________________________

 A BILL

 To amend the Federal Power Act to adjust the requirements for orders, 
 rules, and regulations relating to furnishing adequate service, to 
require owners or operators of generating facilities to provide notice 
 of planned retirements of certain electric generating units, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Power Plant Reliability Act of 
2025''.

SEC. 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:

``

SEC. 207. FURNISHING OF ADEQUATE SERVICE; ADVANCE NOTICE OF PLANNED 
 RETIREMENTS.

 ``

    (a) Furnishing of Adequate Service.--
 ``

    (1) In general.--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.
 ``

    (2) Requirements.--The 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 length.--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.
 ``

    (4) Extension.--
 ``
        (A) Request for extension.--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.
 ``
        (B) Deadline.--With 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 length.--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.
 ``

    (5) Treatment of certain actions.--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.
 ``

    (b) Advance Notice of Planned Retirements.--
 ``

    (1) In general.--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.
 ``

    (2) Unplanned retirements.--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) .
 ``

    (3) Publicly available.--The Commission shall make 
 publicly available each notice submitted under paragraph

    (1) .
 ``
            (c) === Definitions. ===
-In this section:
 ``

    (1) Bulk-power system.--The term `bulk-power system' has 
 the meaning given such term in 

section 215

    (a) .
 ``

    (2) Electric generating unit.--The 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) Retire.--The 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.''.
 Union Calendar No. 261

119th CONGRESS

 1st Session

 H. R. 3632

 [Report No. 119-307]

_______________________________________________________________________

 A BILL

 To amend the Federal Power Act to adjust the requirements for orders, 
 rules, and regulations relating to furnishing adequate service, to 
require owners or operators of generating facilities to provide notice 
 of planned retirements of certain electric generating units, and for 
 other purposes.

_______________________________________________________________________

 September 23, 2025

Committed to the Committee of the Whole House on the State of the Union 
 and ordered to be printed