Sec. 3005. Coordination process to protect electric reliability
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Section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ) is amended by adding at the end the following: The term agency head means the principal officer of any executive agency of the United States. The term identified agency proposal means any proposed rule, regulation, standard, criteria document, deadline, or determination that, if adopted, is likely to have a significant negative impact on the reliability and adequacy of the bulk-power system in North America. . Section 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended— in subsection (g)— by striking The ERO and inserting
(1)The ERO ; and by adding at the end the following: At the request of a State, the Commission, an agency head with authority over the identified agency proposal at issue, or on its own motion, the ERO, in conducting periodic assessments under paragraph (1), in consultation with relevant regional reliability coordinators, shall— consider the potential impacts of any identified agency proposal; and as soon as practicable after conducting the assessment, submit to the Commission and the relevant agency head a report containing an assessment of the identified agency proposal describing those potential impacts and any relevant information relating to those potential impacts. ; by redesignating subsections
(h)through
(k)as subsections
(i)through (l), respectively; and by inserting after subsection
(g)the following: The agency head shall make available to the Commission for review and comment an identified agency proposal in accordance with paragraph (2). In carrying out paragraph (1), the agency head shall provide to the Commission the identified agency proposal described in that paragraph— on the earliest date on which the identified agency proposal is provided to the Office of Management and Budget or any another Federal agency for formal review and comment; or if the identified agency proposal is not provided to the Office of Management and Budget or any other Federal agency for formal review and comment, not later than 90 days before the date on which the agency head publishes in the Federal Register or otherwise makes available for public inspection or comment the identified agency proposal. The Commission, in consultation with the ERO, shall, by order, provide to the agency head comments on the identified agency proposal. An agency head shall not finalize any identified agency proposal that is the subject of a comment from the Commission under subparagraph
(A)until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified or determined not to modify the identified agency proposal in response to the comment from the Commission. Not later than the date on which an identified agency proposal with respect to which a comment is provided by the Commission under subparagraph
(A)is published in the Federal Register, the agency head shall— include the comment and any response provided by the agency head under subparagraph
(B)in the public record of the applicable proceeding relating to the identified agency proposal; or otherwise make the comment and response available for public inspection. .
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Sec. 3005
Coordination process to protect electric reliability
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