Reliable Power Act

Stronger federal review for grid reliability

If enacted, the bill would require the Electric Reliability Organization (ERO) to do a yearly long-term check of the bulk-power system. The check would examine generation mix, transmission projects, and electricity demand and model risks under normal and extreme weather. The ERO could collect data from grid users, owners, and operators. If the ERO finds a generation shortfall risk, it would notify the Federal Energy Regulatory Commission (FERC), and FERC would promptly notify the Department of Energy, the EPA, and other federal agencies. A "covered agency action" would mean a regulation that relates to or directly affects generation and is under development when an agency gets a notice. Heads of agencies that get a notice would have to submit those draft rules for FERC review on the first day the draft goes to OMB, or 90 days before public notice, or within 60 days after getting the notice. Agencies could not finalize such rules until they explain in writing how they changed, or why they did not change, the rule after FERC comments and until FERC finds the rule unlikely to cause a significant negative reliability impact. FERC would consult the ERO and transmission organizations, could recommend modifications including assessing effects on rates or service terms, and agencies must include FERC comments and their responses in public filings.