H.R. 3632

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3632

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 17, 2025

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

_______________________________________________________________________

AN ACT

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.''.

Passed the House of Representatives December 16, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.