Utility Affordability and Transparency Act

New rules for electricity emergency orders

If enacted, the Energy Secretary would replace FERC as the decision-maker for federal emergency electricity orders. Each order would have to say why it best meets the emergency and serves the public interest. For orders 96 hours or less, the Secretary would name the specific hours; for longer orders the Secretary would explain the method used to pick hours. Before renewing or reissuing an order, the Secretary would study lower-net-cost alternatives. FERC would publish a report within 30 days with causes, study results, and estimated costs to utilities and customers. Affected utilities would send customers a written cost description within 60 days. Orders generally would not be allowed to delay permanent plant retirements or force retired plants to run, except when no other option exists and the local Transmission Organization requests a delay in writing. Renewed or reissued orders could be challenged in court without first seeking a rehearing.