,,ii #aaith ,,congress #ast ,session ,s4 #cjcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bc1 #bjbe ,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,power ,act to require the ,federal ,energy ,regulatory ,commission to review regulations that may affect the reliable operation of the bulk-power system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reliable ,power ,act4 #b4 ,commission review and comment for covered agency actions ,section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7 is amended-- 7#a7 in subsection 7g7-- 7,a7 by striking ,the ,,ero and inserting the following3 7#a7 ,in general ,the ,,ero 2 and 7,b7 by adding at the end the following3 7#b7 ,annual long-term assessment ,the assessments under paragraph 7#a7 shall include an annual long-term assessment1 which shall include-- 7,a7 an analysis of the ability of the bulk-power system to supply sufficient electric energy to maintain an adequate level of reliability1 taking into account-- 7i7 generation resource mix2 7ii7 transmission development2 and 7iii7 electric energy demand trends2 7,b7 an analysis of-- 7i7 the risk of future electric energy supply shortfalls under normal and extreme weather conditions2 and 7ii7 the risk of any such shortfalls within each region of the bulk-power system2 and 7,c7 a determination of whether additional generation resources are necessary to supply sufficient electric energy to maintain an adequate level of reliability during the assessment period4 7#c7 ,notice of generation inadequacy ,in conducting a long-term assessment under paragraph 7#b71 if the ,,ero determines 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 reliability1 the ,,ero shall publicly notify the ,commission that the bulk-power system is in a state of generation inadequacy4 7#d7 ,data collection ,to conduct a long-term assessment under paragraph 7#b71 the ,,ero may collect information and data from users1 owners1 and operators of the bulk-power system4 2 7#b7 by redesignating subsections 7h7 through 7k7 as subsections 7i7 through 7l71 respectively2 and 7#c7 by inserting after subsection 7g7 the following3 7h7 ,commission review and comment for covered agency actions 7#a7 ,definitions ,in this subsection3 7,a7 ,covered agency action ,the term covered agency action means a regulation that-- 7i7 relates to1 or otherwise directly affects1 any generation resource in the bulk-power system2 and 7ii7 on the date on which the applicable ,federal agency receives notice from the ,commission under paragraph 7#b7-- 7,i7 is under development to be proposed2 or 7,,ii7 is otherwise under consideration in a rulemaking proceeding4 7,b7 ,federal agency ,the term ,federal agency means an ,executive department 7as defined in section #aja of title #e1 ,united ,states ,code7 or any other ,executive agency the head of which holds a ,cabinet-level position4 7#b7 ,notice to ,federal agencies ,if the ,,ero notifies the ,commission under subsection 7g77#c7 that the bulk-power system is in a state of generation inadequacy1 the ,commission shall promptly notify the ,department of ,energy1 the ,environmental ,protection ,agency1 and any other ,federal agency the ,commission determines appropriate of that state of generation inadequacy4 7#c7 ,submission of covered agency actions to the ,commission 7,a7 ,in general ,not later than the applicable date described in subparagraph 7,b71 the head of each ,federal agency that receives a notification under paragraph 7#b7 shall submit to the ,commission for review and comment any covered agency action of the ,federal agency4 7,b7 ,date described ,the date referred to in subparagraph 7,a7 is-- 7i7 the first date on which the applicable covered agency action is provided to the ,office of ,management and ,budget or any other ,federal agency for review and comment2 7ii7 if the applicable covered agency action is not provided to the ,office of ,management and ,budget or any other ,federal agency for review and comment1 the date that is #ij days before the date on which the covered agency action is published in the ,federal ,register or otherwise made available for public inspection or comment2 or 7iii7 if1 as of the date on which the ,federal agency receives the applicable notification under paragraph 7#b71 the covered agency action has already been provided to the ,office of ,management and ,budget or any other ,federal agency for review and comment1 or has already been published in the ,federal ,register or otherwise made available for public inspection or comment1 the date that is #fj days after the date on which the ,federal agency received the notification4 7#d7 ,commission comments ,the ,commission1 in consultation with the ,,ero and transmission organizations1 shall1 by order1 provide to the ,federal agency head that submitted to the ,commission a covered agency action under paragraph 7#c7-- 7,a7 comments on the covered agency action1 which may include an assessment of the effect of the covered agency action on rates1 terms1 and conditions for services pursuant to the authority of the ,commission under sections #bja and #bjf2 and 7,b7 if applicable1 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 to maintain an adequate level of reliability4 7#e7 ,agency response ,the head of a ,federal agency may not finalize a covered agency action that is submitted to the ,commission under paragraph 7#c7 until-- 7,a7 the agency head responds in writing to the ,commission with an explanation of how the agency head modified1 or why the agency head determined not to modify1 the covered agency action in response to any comments and recommendations provided by the ,commission under paragraph 7#d72 and 7,b7 the ,commission determines that the covered agency action is not likely to have a significant negative impact on the ability of the bulk-power system to supply sufficient electric energy to maintain an adequate level of reliability4 7#f7 ,public availability of comments and responses ,a ,federal agency head shall include any comments1 recommendations1 and responses relating to the covered agency action under paragraphs 7#d7 and 7#e7 in-- 7,a7 any submission of the covered agency action to the ,federal ,register for publication2 and 7,b7 any other place in which the covered agency action is otherwise made available for public inspection or comment4 4