H.R. 3616

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3616 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3616

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 18, 2025

Received; read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

AN ACT

To require the Federal Energy Regulatory Commission to review 
regulations that may affect the reliable operation of the bulk-power 
system.

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 ``Reliable Power Act''.

SEC. 2. COMMISSION REVIEW AND COMMENT FOR COVERED AGENCY ACTIONS.

Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended--
(1) in subsection (g)--
(A) by striking ``The ERO'' and inserting the 
following:
``(1) In general.--The ERO''; and
(B) by adding at the end the following:
``(2) Annual long-term assessment.--The assessments under 
paragraph (1) shall include an annual long-term assessment, 
which shall include--
``(A) an analysis of the ability of the bulk-power 
system to supply sufficient electric energy necessary 
to maintain an adequate level of reliability, taking 
into account generation resource mix, transmission 
development, and electric energy demand trends;
``(B) an analysis of the risk of future electric 
energy supply shortfalls under normal and extreme 
weather conditions, and the risk of any such shortfalls 
within each region of the bulk-power system; and
``(C) a determination of whether additional 
generation resources are necessary to supply sufficient 
electric energy to maintain an adequate level of 
reliability during the assessment period.
``(3) Notice of generation inadequacy.--In conducting a 
long-term assessment under paragraph (2), if the ERO finds that 
the bulk-power system is at risk of not having adequate 
generation resources to supply sufficient electric energy to 
maintain an adequate level of reliability, the ERO shall 
publicly notify the Commission that the bulk-power system is in 
a state of generation inadequacy.
``(4) Data collection.--To conduct a long-term assessment 
under paragraph (2), the ERO may collect information and data 
from users, owners, and operators of the bulk-power system.'';
(2) by redesignating subsections (h) through (k) as 
subsections (i) through (l), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Commission Review and Comment for Covered Agency Actions.--
``(1) Notice to federal agencies.--If the ERO notifies the 
Commission under subsection (g)(3) that the bulk-power system 
is in a state of generation inadequacy, the Commission shall 
promptly notify the Department of Energy, the Environmental 
Protection Agency, and any other Federal agency the Commission 
determines appropriate of such state of generation inadequacy.
``(2) Submission.--Upon receiving notice under paragraph 
(1), the head of each Federal agency that received such notice 
shall provide to the Commission for review and comment any 
covered agency action by the Federal agency--
``(A) on the first date on which such covered 
agency action is provided to the Office of Management 
and Budget or any other Federal agency for review and 
comment; or
``(B) if such covered agency action is not provided 
to the Office of Management and Budget or any other 
Federal agency for review and comment, not later than 
90 days before the date on which the covered agency 
action is published in the Federal Register or is 
otherwise made available for public inspection or 
comment.
``(3) Commission comments.--The Commission, in consultation 
with the ERO and transmission organizations, shall, by order, 
provide to the agency head that provided to the Commission a 
covered agency action under paragraph (2)--
``(A) comments on such covered agency action, which 
such comments may include an assessment of the effect 
of the covered agency action on rates, terms, and 
conditions for services pursuant to the authority of 
the Commission under sections 201 and 206; and
``(B) if applicable, recommendations for 
modifications to the covered agency action to prevent a 
significant negative impact on the ability of the bulk-
power system to supply sufficient electric energy 
necessary to maintain an adequate level of reliability.
``(4) Agency response.--The head of a Federal agency may 
not finalize a covered agency action that is provided to the 
Commission under paragraph (2) until--
``(A) the agency head responds in writing to the 
Commission with an explanation of how the agency head 
modified, or why the agency head determined not to 
modify, such covered agency action in response to any 
comments and recommendations provided by the Commission 
under paragraph (3); and
``(B) the Commission finds that the covered agency 
action will not be likely to have a significant 
negative impact on the ability of the bulk-power system 
to supply sufficient electric energy necessary to 
maintain an adequate level of reliability.
``(5) Public availability of comments and responses.--An 
agency head shall include any comments, recommendations, and 
responses for the covered agency action when--
``(A) submitting the covered agency action to the 
Federal Register for publication; or
``(B) otherwise making the covered agency action 
available for public inspection or comment.
``(6) Definitions.--In this subsection:
``(A) Covered agency action.--The term `covered 
agency action' means a regulation that--
``(i) relates to, or otherwise directly 
affects, any generation resource in the bulk-
power system; and
``(ii) is under development to be proposed 
or otherwise under consideration in a 
rulemaking prior to finalization on the date on 
which the Federal agency receives notice from 
the Commission under paragraph (1).
``(B) Federal agency.--The term `Federal agency' 
means an Executive department (as that term is defined 
in section 101 of title 5, United States Code) or any 
other Executive agency that is in the President's 
cabinet.''.

Passed the House of Representatives December 17, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.