S. 2620 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2620 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mrs. McCaskill (for herself and Mr. Blunt) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Power Act to improve the reliability of the electric transmission grid, and for other purposes. 1. Short title This Act may be cited as the Grid Reliability Act of 2014. 2. Grid reliability (a) Compliance under emergency orders Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended— (1) by striking (c) During and inserting the following: (c) Temporary connection and exchange of facilities during emergency (1) In general During ; (2) by striking If the parties and inserting the following: (2) Terms If the parties ; and (3) by adding at the end the following: (3) Administration of orders conflicting with other laws In the case of an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including a regulation), the Commission shall ensure that the order— (A) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and (B) to the maximum extent practicable— (i) is consistent with any applicable Federal, State, or local environmental law (including a regulation); and (ii) minimizes any adverse environmental impacts. (4) Applicability of other laws conflicting with orders To the extent that an omission or action taken by a party to comply with an order issued under this subsection (including any omission or action taken to voluntarily comply with the order) results in noncompliance with, or causes a party to not comply with, any Federal, State, or local environmental law (including a regulation), the omission or action shall not be subject to any requirement, civil or criminal liability, or a citizen suit under the environmental law (or regulation). (5) Renewal or reissuance of orders conflicting with other laws (A) In general An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including a regulation) shall expire not later than 90 days after the date the order is issued. (B) Renewal or reissuance of orders The Commission may renew or reissue the order in accordance with this subsection for subsequent periods of not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest. (C) Administration In renewing or reissuing an order under this paragraph, the Commission shall— (i) consult with the primary Federal agency with expertise in the environmental interest protected by the law (or regulation); and (ii) include in the renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts, to the maximum extent practicable. (D) Public availability Any conditions submitted by a Federal agency described in subparagraph (C)(i) shall be made available to the public. (E) Exclusion of conditions The Commission may exclude a condition described in subparagraph (D) from the renewed or reissued order if the Commission— (i) determines that the condition would prevent the order from adequately addressing the emergency necessitating the order; and (ii) provides in the order, or otherwise makes publicly available, an explanation of the determination. (6) Orders that are stayed, modified, or set aside If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 313 or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect (including any omission or action taken to voluntarily comply with the order) shall remain subject to paragraph (4). . (b) Temporary connection or construction by municipalities Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended by inserting or municipality after any person.