Sec. 4301. Bulk-power system reliability impact statement
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Section 215(g) of the Federal Power Act ( 16 U.S.C. 824o(g) ) is amended— by striking The ERO and inserting the following: The ERO ; and by adding at the end the following: Not later than 180 days after the date of enactment of this paragraph and not less than every 3 years thereafter, each regional entity shall submit to the appropriate committees of Congress and the Commission a report that describes, as of the date of the report— the state of and prospects for the reliability of electricity within the geographic area covered by the regional entity; and the most significant risks to the reliability of the bulk-power system that might arise or need to be monitored within the geographic area covered by the regional entity, including risks from proposed or final Federal regulations. .
Section 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended by adding at the end the following: Not later than 15 days after the date on which the head of a Federal agency proposes a major rule (as defined in section 804 of title 5, United States Code) that may significantly affect the reliable operation of the bulk-power system, the Commission shall solicit from any applicable regional entity affected by the proposed rule a reliability impact statement with respect to the proposed rule.
A regional entity may prepare, on the initiative of the regional entity, a reliability impact statement for any proposed major Federal rule that the regional entity determines would significantly affect the reliable operation of the bulk-power system within the area covered by the regional entity. If a proposed rule subject to a reliability impact statement under paragraph
(1)or
(2)affects an area broader than the area covered by a single regional entity, the ERO shall convene a committee of the affected regional entities to produce a single reliability impact statement that demonstrates for each affected area the reliability impact of the proposed rule. A reliability impact statement under paragraph
(1)or
(2)shall include a detailed statement on— the impact of the proposed rule on the reliable operation of the bulk-power system; any adverse effects on the reliable operation of the bulk-power system if the proposed rule was implemented; and alternatives to cure the identified adverse reliability impacts, including, at the discretion of the regional entity, a no-action alternative. On completion of a reliability impact statement under paragraph
(1)or (2), the regional entity or a committee of affected regional entities convened under paragraph
(3)shall submit to the Commission the reliability impact statement. On receipt of a reliability impact statement submitted to the Commission under paragraph (5), the Commission shall transmit to the head of the applicable Federal agency the reliability impact statement prepared under this subsection for inclusion in the public record. With respect to a final major rule subject to a reliability impact statement prepared under paragraph
(1)or (2), the head of the Federal agency shall— consider the reliability impact statement; give due weight to the technical expertise of the regional entity with respect to matters that are the subject of the reliability impact statement; and include in the final rule a detailed response to the reliability impact statement that reasonably addresses the detailed statements required under paragraph (4). .
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Sec. 4301
Bulk-power system reliability impact statement
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