Power Plant Reliability Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3632

 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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 29, 2025

 Mr. Griffith introduced the following bill; which was referred to the
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 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.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Power Plant Reliability Act of
2025''.

SEC. 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:

``SEC. 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.''.
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