Sec. 1108. Reliability analysis for certain rules that affect electric generating facilities
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/bill/114/s/2012/eah/section-1108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section shall apply with respect to any proposed or final covered rule issued by a Federal agency for which compliance with the rule may impact an electric utility generating unit or units, including by resulting in closure or interruption to operations of such a unit or units. The Federal Energy Regulatory Commission, in consultation with the Electric Reliability Organization, shall conduct an independent reliability analysis of a proposed or final covered rule under this section to evaluate the anticipated effects of implementation and enforcement of the rule on— electric reliability and resource adequacy; the electricity generation portfolio of the United States; the operation of wholesale electricity markets; and energy delivery and infrastructure, including electric transmission facilities and natural gas pipelines.
A Federal agency shall provide to the Commission materials and information relevant to the analysis required under paragraph
(1)for a rule, including relevant data, modeling, and resource adequacy and reliability assessments, prepared or relied upon by such agency in developing the rule. The Electric Reliability Organization, regional entities, regional transmission organizations, independent system operators, and other reliability coordinators and planning authorities shall timely conduct analyses and provide such information as may be reasonably requested by the Commission. A Federal agency shall provide to the Commission notice of the issuance of any proposed or final covered rule not later than 15 days after the date of such issuance. Not later than 150 days after the date of publication in the Federal Register of a proposed rule described in subsection (a), the Federal Energy Regulatory Commission shall make available to the public an analysis of the proposed rule conducted in accordance with subsection (b), and any relevant special assessment or seasonal or long-term reliability assessment completed by the Electric Reliability Organization. A final rule described in subsection
(a)shall include, if available at the time of issuance, a copy of the analysis conducted pursuant to subsection
(c)of the rule as proposed. Not later than 120 days after the date of publication in the Federal Register of a final rule described in subsection (a), the Federal Energy Regulatory Commission shall make available to the public an analysis of the final rule conducted in accordance with subsection (b), and any relevant special assessment or seasonal or long-term reliability assessment completed by the Electric Reliability Organization. In this section: The term Electric Reliability Organization has the meaning given to such term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). The term Federal agency means an agency, as that term is defined in section 551 of title 5, United States Code. The term covered rule means a proposed or final rule that is estimated by the Federal agency issuing the rule, or the Director of the Office of Management and Budget, to result in an annual effect on the economy of $1,000,000,000 or more.
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Sec. 1108
Reliability analysis for certain rules that affect electric generating facilities
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