Vote Smart's Synopsis:

Amends the process that the Federal Energy Regulatory Commission uses to determine whether a public utility must remain open.

Highlights:

• Amends the process that the Federal Energy Regulatory Commission (FERC) uses to determine, upon a complaint from a state commission, whether a public utility (i.e., power plant) must remain open because the retirement of the power plant will make the bulk power system unreliable, including by allowing transmission organizations to also file complaints with FERC (Sec. 2).

• Requires that if FERC finds that any interstate service of any public utility is inadequate or insufficient, or is likely to become inadequate or insufficient within five years of receiving such complaint, then FERC must determine the proper, adequate, or sufficient service to be furnished through an order, rule, or regulation (order) (Sec. 2).

• Specifies that FERC may order a power plant to remain open for up to five years, and any affected state commission, transmission organization, or power plant may request that FERC extend such order (Sec. 2).

• Requires a FERC order to determine the following (Sec. 2):

• Any rate or charge necessary to provide compensation for the additional costs of the service; and 

• The cost allocation of any rate or charge.

• Requires a power plant owner or operator to notify FERC and affected state commissions or transmission organizations at least five years before any planned retirement of a unit of an electric generating facility except in the case of an emergency or similar event that renders a unit inoperable (Sec. 2).

• Exempts from federal, state, and local environmental laws and regulations any action taken by a generating facility to comply with such orders (Sec. 2).

Full Bill Text

Full Bill Text