119-hr3843

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3843

 To amend the Federal Power Act to prohibit retirements of baseload 
 electric generating units in any area that is served by a Regional 
 Transmission Organization or an Independent System Operator and that 
 the North American Electric Reliability Corporation categorizes as at 
 elevated risk or high risk of electricity supply shortfalls, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 9, 2025

 Ms. Fedorchak (for herself, Mr. Weber of Texas, Mr. Goldman of Texas, 
 Mr. Pfluger, Mr. Rulli, Mrs. Miller of West Virginia, and Mr. 
 Balderson) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

 To amend the Federal Power Act to prohibit retirements of baseload 
 electric generating units in any area that is served by a Regional 
 Transmission Organization or an Independent System Operator and that 
 the North American Electric Reliability Corporation categorizes as at 
 elevated risk or high risk of electricity supply shortfalls, 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 ``Baseload Reliability Protection 
Act''.

SEC. 2. PROHIBITION ON RETIREMENTS AND CONVERSION OF FUEL SOURCE FOR 
 ELECTRIC GENERATING UNITS IN AREAS AT HIGH RISK OR 
 ELEVATED RISK OF ELECTRICITY SUPPLY SHORTFALLS.

    (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is amended by adding after 

section 215A the following:

``

SEC. 215B. PROHIBITION ON RETIREMENTS AND CONVERSION OF FUEL SOURCE 
 FOR ELECTRIC GENERATING UNITS IN AREAS AT HIGH RISK OR 
 ELEVATED RISK OF ELECTRICITY SUPPLY SHORTFALLS.

 ``

    (a) Prohibition.--No operator or partial or sole owner of a 
covered electric generating unit that is located in a covered area 
may--
 ``

    (1) retire such covered electric generating unit; or
 ``

    (2) convert the fuel source for such covered electric 
 generating unit.
 ``

    (b) Exemptions.--
 ``

    (1) Operator or owner petition.--Not later than 90 days 
 after the publication of the most recent long-term reliability 
 assessment categorizing the relevant covered area as at high 
 risk or elevated risk of electricity supply shortfalls, an 
 operator or owner of a covered electric generating unit located 
 in such covered area may submit to the Commission a petition 
 for an exemption from a prohibition under subsection

    (a) with 
 respect to such covered electric generating unit.
 ``

    (2) Final determination.--
 ``
        (A) Deadline.--
 ``
            (i) In general.--Except as otherwise 
 provided in this paragraph, not later than 90 
 days after a petition for an exemption is 
 submitted to the Commission under paragraph

    (1) , the Commission shall issue a final 
 determination granting such exemption or 
 denying the petition for such exemption.
 ``
            (ii) Petitions based on unprofitability 
 or financial losses.--Subject to subparagraph
            (C) , with respect to a petition for an 
 exemption under this subsection for a covered 
 electric generating unit that is based on 
 unprofitability or sustained financial losses, 
 if the Commission determines that retirement 
 of, or converting the fuel source for, such 
 covered electric generating unit would hinder 
 the reliable operation of the bulk-power 
 system, the Commission shall, not later than 
 180 days after such petition is submitted to 
 the Commission under paragraph

    (1) , issue a 
 final determination granting such exemption or 
 denying the petition for such exemption.
 ``
        (B) Criteria.--Subject to subparagraph
            (C) , the 
 Commission shall issue a final determination granting 
 an exemption under this subsection if the Commission 
 determines--
 ``
            (i) that the applicable operator or owner 
 of a covered electric generating unit has 
 demonstrated in a petition submitted under 
 paragraph

    (1) of this subsection that 
 compliance with the relevant prohibition under 
 subsection

    (a) will result in--
 ``
            (I) unprofitability of such 
 covered electric generating unit;
 ``
            (II) sustained financial losses 
 for such operator or owner; or
 ``
            (III) elevated risk to the safety 
 of workers or public safety; or
 ``
            (ii) in consultation with the relevant 
 Regional Transmission Organization or 
 Independent System Operator--
 ``
            (I) that the applicable operator 
 or owner of a covered electric 
 generating unit has demonstrated in a 
 petition submitted under paragraph

    (1) of this subsection for an exemption 
 from the prohibition under subsection

    (a)

    (1) that retirement of the covered 
 electric generating unit will not 
 hinder the reliable operation of the 
 bulk-power system;
 ``
            (II) that the applicable operator 
 or owner of a covered electric 
 generating unit has demonstrated in a 
 petition submitted under paragraph

    (1) of this subsection for an exemption 
 from the prohibition under subsection

    (a)

    (1) , and subject to paragraph

    (3) , 
 that such operator or owner will 
 replace such covered electric 
 generating unit through the 
 construction or acquisition of one or 
 more covered electric generating units 
 with comparable or greater reliability 
 attributes, considering, at a minimum, 
 the dispatchability and availability 
 during peak system demand of the 
 covered electric generating unit that 
 will be retired; or
 ``
            (III) that the applicable 
 operator or owner of a covered electric 
 generating unit has demonstrated in a 
 petition submitted under paragraph

    (1) of this subsection for an exemption 
 from the prohibition under subsection

    (a)

    (2) that converting the fuel source 
 for such covered electric generating 
 unit will not diminish the covered 
 electric generating unit's 
 dispatchability or availability during 
 peak system demand, or otherwise hinder 
 the reliable operation of the bulk-
 power system.
 ``
            (C) DOE grant or loan for continued operation.--
 ``
            (i) Referral.--With respect to a petition 
 for an exemption under this subsection from the 
 prohibition under subsection

    (a)

    (1) for a 
 covered electric generating unit that is based 
 on unprofitability or sustained financial 
 losses, if the Commission determines that 
 retirement of such covered electric generating 
 unit would hinder the reliable operation of the 
 bulk-power system, the Commission shall refer 
 the petition to the Secretary of Energy.
 ``
            (ii) Loan or grant.--With respect to any 
 petition referred to the Secretary of Energy 
 under clause
            (i) , the Secretary shall use funds 
 made available to carry out this clause to make 
 a grant or loan to the applicable operator or 
 owner of the covered electric generating unit 
 in accordance with paragraph

    (4) .
 ``
            (iii) Treatment of petition.--If an 
 operator or owner of a covered electric 
 generating unit receives, not later than 180 
 days after the relevant petition for an 
 exemption is submitted to the Commission under 
 paragraph

    (1) , a grant or loan pursuant to 
 clause
            (ii) of this subparagraph, such petition 
 shall be deemed denied for purposes of this 
 subsection.
 ``

    (3) Replacement.--An operator or owner of a covered 
 electric generating unit for which an exemption is granted 
 under this subsection based on a demonstration that such 
 operator or owner will replace the covered electric generating 
 unit through the construction or acquisition of one or more 
 other covered electric generating units with comparable or 
 greater reliability attributes may not retire such covered 
 electric generating unit until such covered electric generating 
 unit has been so replaced and such one or more other covered 
 electric generating units have been placed in service.
 ``

    (4) DOE grant or loan terms and funding.--
 ``
        (A) Funds.--The Secretary of Energy may use 
 unobligated amounts made available to the Secretary 
 under the Infrastructure Investment and Jobs Act 
 (Public Law 117-58) or Public Law 117-169 to make 
 grants and loans under paragraph

    (2)
            (C) 
            (ii) and 
 subparagraph
            (D) of this paragraph.
 ``
        (B) Grants.--The Secretary of Energy, in 
 consultation with other agencies as the Secretary 
 determines appropriate, may, if the Secretary 
 determines it to be necessary and appropriate, make a 
 grant to an operator or owner of a covered electric 
 generating unit under paragraph

    (2)
            (C) 
            (ii) of this 
 subsection in order to provide for the prudent costs 
 for the operation of such covered electric generating 
 unit during any time the prohibition under subsection

    (a)

    (1) is in effect with respect to such covered 
 electric generating unit.
 ``
            (C) Loans.--
 ``
            (i) Use of loan funds.--A loan made under 
 paragraph

    (2)
            (C) 
            (ii) --
 ``
            (I) shall be made for purposes 
 of--
 ``

    (aa) keeping the relevant 
 covered electric generating 
 unit operating; and
 ``

    (bb) providing for the 
 minimum costs for the operation 
 of such covered electric 
 generating unit during any time 
 the prohibition under 
 subsection

    (a)

    (1) is in effect 
 with respect to such covered 
 electric generating unit; and
 ``
            (II) may be made for the 
 additional purposes of--
 ``

    (aa) providing for the 
 costs of upgrading the capacity 
 of the relevant covered 
 electric generating unit;
 ``

    (bb) if the relevant 
 covered electric generating 
 unit is a nuclear power plant, 
 uprating such covered electric 
 generating unit; or
 ``
            (cc) modernizing the 
 relevant covered electric 
 generating unit for purposes of 
 extending its lifespan.
 ``
            (ii) Terms and conditions.--Any loan 
 under paragraph

    (2)
            (C) 
            (ii) or subparagraph
            (D) of this paragraph shall be made on such terms 
 and conditions as the Secretary of Energy 
 determines appropriate.
 ``
            (iii) Revenue.--Any payments of interest 
 on loans made under paragraph

    (2)
            (C) 
            (ii) or 
 subparagraph
            (D) of this paragraph shall be 
 deposited in the general fund of the Treasury 
 for the sole purpose of deficit reduction.
 ``
            (D) Other loans and grants.--The Secretary of 
 Energy may make a loan or grant to an operator or owner 
 of a covered electric generating unit that is subject 
 to an order under 

section 202
            (c) in order to provide 
 for the prudent costs for the operation of such covered 
 electric generating unit during any time such order in 
 effect with respect to such covered electric generating 
 unit.
 ``

    (5) Other considerations.--In making a final 
 determination under paragraph

    (2) --
 ``
        (A) the Commission may not consider the 
 greenhouse gas emissions of a covered electric 
 generating unit, including any impacts of such 
 emissions on atmospheric temperatures or weather 
 systems; and
 ``
        (B) with respect to a petition for an exemption 
 under this subsection for a covered electric generating 
 unit that is based on unprofitability or sustained 
 financial losses, the Commission shall take into 
 consideration any costs alleviated by the protection 
 from penalties under subsection
            (c) .
 ``

    (6) Judicial review.--Notwithstanding 

section 313, an 
 operator or owner of an electric generating unit who is 
 adversely affected or aggrieved by a final determination issued 
 by the Commission under paragraph

    (2) may, not later than 60 
 days after the final determination is issued, file a petition 
 for review of the final determination in the United States 
 Court of Appeals for the District of Columbia Circuit or in the 
 court of appeals for the United States for the circuit in which 
 the party resides or has its principal place of business. Upon 
 the filing of such petition such court shall have jurisdiction 
 to affirm, set aside, or overturn such final determination.
 ``
            (c) Protection From Penalties.--An action or omission taken by an 
operator or owner of a covered electric generating unit to comply with 
a prohibition under subsection

    (a) shall be treated as an action or 
omission taken to comply with an order issued under 

section 202
            (c) for 
purposes of such section. No operator or owner or a covered electric 
generating unit shall be required to undertake an expenditure in 
furtherance of a Federal, State, or local environmental law or 
regulation, performance for which is excused due to the existence of a 
prohibition under subsection

    (a) .
 ``
            (d) Standardized Criteria for Categorization of Risk.--Not later 
than 60 days after the date of enactment of this section, the Electric 
Reliability Organization shall determine and publish a standardized 
probabilistic assessment methodology and standardized criteria for 
categorizing areas as being at high risk, elevated risk, or normal risk 
of electricity supply shortfalls to be used in each long-term 
reliability assessment. Such standardized methodology and criteria 
shall be at least as rigorous as the methodology and criteria used in 
the 2024 long-term reliability assessment.
 ``

    (e) 

=== Definitions. ===
-In this section:
 ``

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

section 215

    (a) .
 ``

    (2) Covered area.--The term `covered area' means an area 
 that--
 ``
        (A) is served by a Regional Transmission 
 Organization or an Independent System Operator; and
 ``
        (B) the Electric Reliability Organization 
 categorizes, in the most recent long-term reliability 
 assessment, as at elevated risk or high risk of 
 electricity supply shortfalls.
 ``

    (3) Covered electric generating unit.--The term `covered 
 electric generating unit' means a dispatchable electric 
 generating unit that--
 ``
        (A) has greater than or equal to 25 megawatts of 
 nameplate capacity;
 ``
        (B) is interconnected to the bulk-power system; 
 and
 ``
            (C) does not derive its primary energy input from 
 intermittent renewable sources, with or without energy 
 storage.
 ``

    (4) Electric reliability organization.--The term 
 `Electric Reliability Organization' has the meaning given such 
 term in 

section 215

    (a) .
 ``

    (5) Long-term reliability assessment.--The term `long-
 term reliability assessment' means an annual assessment, 
 conducted by the Electric Reliability Organization pursuant to 
 

section 215

    (g) , of the reliability and adequacy of the bulk-
 power system in North America over a 10-year period.
 ``

    (6) Reliable operation.--The term `reliable operation' 
 has the meaning given such term in 

section 215

    (a) .''.

    (b) Enforcement.--Not later than 1 year after the date of enactment 
of this Act, the Federal Energy Regulatory Commission shall submit to 
Congress a report on whether existing oversight and enforcement 
mechanisms for 

section 215B of the Federal Power Act, as added by 
subsection

    (a) of this section, are sufficient, including any 
recommendations to improve such mechanisms.
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