H.R. 3632

119 HR 3632 EH: Power Plant Reliability Act of 2025
 U.S. House of Representatives
 text/xml
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 IB
 119th CONGRESS  1st Session
 H. R. 3632
 IN THE HOUSE OF REPRESENTATIVES
 AN ACT
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.
1.
Short title
This Act may be cited as the   Power Plant Reliability Act of 2025  .
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:
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.
 .
     Passed the House of Representatives December 16, 2025.  Kevin F. McCumber,  Clerk.