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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