HouseH.R. 10687119th Congress

Utility Affordability and Transparency Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10687 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10687

 To modify the emergency authority under section 202(c) of the Federal 
 Power Act to increase transparency for ratepayers and prohibit orders 
         that prevent or delay the retirement of power plants.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2026

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

_______________________________________________________________________

                                 A BILL

 
 To modify the emergency authority under section 202(c) of the Federal 
 Power Act to increase transparency for ratepayers and prohibit orders 
         that prevent or delay the retirement of power plants.

    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 ``Utility Affordability and 
Transparency Act''.

SEC. 2. MODIFICATIONS TO EMERGENCY AUTHORITY UNDER THE FEDERAL POWER 
              ACT.

    Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``Commission'' after ``During the 
                continuance of any war in which the United States is 
                engaged, or whenever the'' and inserting ``Secretary of 
                Energy (referred to in this subsection as the 
                `Secretary')'';
                    (B) by striking ``or other causes, the Commission'' 
                and inserting ``the Secretary'';
                    (C) by striking ``its own motion'' and inserting 
                ``the Secretary's motion'';
                    (D) by striking ``its judgment'' and inserting 
                ``the Secretary's judgment'';
                    (E) by inserting ``As part of the order, the 
                Secretary shall explain why such order, including the 
                requirements under such order, will best meet the 
                emergency and serve the public interest.'' after 
                ``serve the public interest.''; and
                    (F) by striking ``Commission'' after ``carrying out 
                such order, the'' and inserting ``Federal Energy 
                Regulatory Commission (referred to in this subsection 
                as the `Commission')'';
            (2) in paragraph (2)--
                    (A) by striking ``Commission'' after ``law or 
                regulation, the'' and inserting ``Secretary''; and
                    (B) by adding at the end the following: ``The 
                Secretary shall state in each such order--
            ``(A) that is in effect for 96 or fewer hours, the specific 
        hours that are necessary to meet the emergency and serve the 
        public interest; or
            ``(B) that is in effect for more than 96 hours, the 
        specific methodology by which such hours that are necessary to 
        meet the emergency and serve the public interest were 
        determined.'';
            (3) in paragraph (4)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``Secretary'';
                    (B) in subparagraph (A), by striking ``that may 
                result in a conflict with a requirement of any Federal, 
                State, or local environmental law or regulation'';
                    (C) in subparagraph (B)--
                            (i) by inserting ``that may result in a 
                        conflict with a requirement of any Federal, 
                        State, or local environmental law or 
                        regulation'' after ``In renewing or reissuing 
                        an order under subparagraph (A)''; and
                            (ii) by inserting ``The Secretary shall 
                        publicly identify the primary Federal agency 
                        consulted.'' after ``practicable.''; and
                    (D) by adding at the end the following:
    ``(C) Before renewing or reissuing an order under subparagraph (A), 
the Secretary shall undertake a robust study of available alternatives 
that would reduce the net costs as compared to renewing or reissuing 
the order.
    ``(D) In the event the Secretary issues a renewed or reissued order 
under this paragraph, a petition for judicial review of such renewed or 
reissued order may be filed under section 313(b) without filing a 
request for rehearing or otherwise complying with any requirements of 
section 313(a).''; and
            (4) by adding at the end the following:
    ``(6)(A) Not later than 30 days after the date on which the 
Secretary issues an order under this subsection (including any renewal 
or reissuance of an order under this subsection), the Commission shall 
publish, including on a publicly accessible website, a report on--
            ``(i) the results of the study of alternatives under 
        paragraph (4), if applicable;
            ``(ii) the causes of the applicable emergency;
            ``(iii) estimates of the costs that are expected to be 
        incurred by any electric utility and customers of such electric 
        utility as a result of the order; and
            ``(iv) other expected impacts of the order.
    ``(B) Not later than 60 days after the date on which the Secretary 
issues an order under this subsection (including any renewal or 
reissuance of an order under this subsection), an electric utility that 
has been, or is expected to be, affected as a result of the order, 
including any electric utility described in subparagraph (A)(iii), 
shall provide in writing to customers of the electric utility a 
description of the costs incurred due to the order, or costs expected 
to be incurred as a result of the order, including any information 
relevant to the electric utility and the customers of the electric 
utility published in the applicable report under subparagraph (A).
    ``(7)(A) Except as provided in subparagraph (B), the Commission may 
not issue an order under this subsection (including any renewal or 
reissuance of an order under this subsection) that would--
            ``(i) prevent or delay the retirement or other permanent 
        closure of a facility for the generation of electric energy; or
            ``(ii) require the generation of electric energy at a 
        facility that has retired or otherwise permanently closed.
    ``(B) Subparagraph (A) shall not apply to a particular facility 
if--
            ``(i) an emergency exists that cannot be met in any manner 
        other than the delay of the retirement or other permanent 
        closure of the facility; and
            ``(ii) the applicable Transmission Organization requests in 
        writing to the Secretary to delay the retirement or other 
        permanent closure of the facility.''.
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