,,ii #aaith ,,congress #b;d ,session ,s4 #dccg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #af 7legislative day1 ,april #ad71 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,welch1 ,mr4 ,van ,hollen1 ,mr4 ,merkley1 and ,ms4 ,blunt ,rochester7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to prohibit the use of certain emergency authority to keep a fossil fuel-powered electric generating facility or fossil fuel power plant online1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,big ,fossil ,bailouts on ,your ,power ,bill ,act4 #b4 ,limitations on certain emergency authority under the ,federal ,power ,act ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 in paragraph 7#a71 in the first sentence-- 7,a7 by striking or other causes12 and 7,b7 by striking with or without notice1 hearing1 or report12 7#b7 in paragraph 7#b71 by adding at the end the following3 ,before issuing such an order1 the ,commission1 to the maximum extent practicable1 shall consider alternatives to meet the emergency1 including alternatives that both meet the emergency and minimize adverse environmental impacts42 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 in the first sentence1 by striking that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation2 7,b7 in subparagraph 7,b71 in the first sentence-- 7i7 by inserting advance of before renewing or reissuing2 7ii7 by striking shall consult with the and inserting the following3 8shall-- 7i7 hold a hearing open to the public on the proposed order2 7ii7 determine-- 7,i7 whether and the extent to which the order will raise rates for ratepayers2 and 7,,ii7 whether the order may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation2 and 7iii7 to accomplish the duties and comply with the requirements described in paragraph 7#b7 and clause 7ii71 consult with-- 7,i7 the relevant ,state and local agencies or regulators1 including the relevant ,state commission 7collectively referred to in this paragraph as the relevant non-,federal agencies71 in-- 7aa7 each ,state and locality in which the applicable facility is physically located2 and 7bb7 each ,state and locality in which the order may result in a conflict described in clause 7ii77,,ii72 and 7,,ii7 the 2 and 7iii7 in clause 7iii77,,ii7 7as so designated71 in the first sentence1 by striking such law or regulation1 and shall and inserting the following3 8each environmental law or regulation with respect to which the order may result in a conflict described in clause 7ii77,,ii74 7,c7 ,the ,commission shall 2 7,c7 in subparagraph 7,c7 7as so designated7-- 7i7 in the first sentence-- 7,i7 by striking such ,federal agency determines and inserting #a or more ,federal or relevant non-,federal agencies consulted under subparagraph 7,b77iii7 determine2 and 7,,ii7 by inserting rate or after adverse2 and 7ii7 in the second sentence-- 7,i7 by striking ,the conditions and inserting ,the cost estimates and conditions2 and 7,,ii7 by striking such ,federal agency and inserting any #a or more ,federal or relevant non-,federal agencies2 and 7,d7 by adding at the end the following3 7,d7 ,an order issued under this subsection shall be considered to be a renewed or reissued order subject to the requirements of this paragraph and all other requirements relating to a renewed or reissued order if the order relates to the same facility and a substantially similar emergency as a previous order issued under this subsection4 2 and 7#d7 by adding at the end the following3 7#f7 7,a7 ,except as provided in subparagraph 7,b71 the ,commission may not issue an order under this subsection that would-- 7i7 prevent or delay the retirement or other permanent closure of a facility for the generation of electric energy2 or 7ii7 require the generation of electric energy at a facility that has retired or otherwise permanently closed4 7,b7 ,subparagraph 7,a7 shall not apply to a particular facility if-- 7i7 an emergency exists that cannot be met in any manner other than delay of the retirement or other permanent closure of the facility2 and 7ii7 the applicable ,transmission ,organization requests in writing to delay the retirement or other permanent closure of the facility4 7#g7 7,a7 ,before issuing an order under paragraph 7#a71 the ,commission shall-- 7i7 create a public online docket for matters pertaining to the order2 and 7ii7 publish on a publicly available website-- 7,i7 notice of the proposed order1 including a link to the docket created under clause 7i72 and 7,,ii7 any request submitted pursuant to paragraph 7#f77;,b77ii74 7,b7 ,an order issued under paragraph 7#a7 7including any renewed or reissued order under paragraph 7#d77 shall be-- 7i7 published on the publicly available docket created under subparagraph 7,a77ii72 and 7ii7 accompanied by a report that includes-- 7,i7 an analysis of the causes of the emergency2 7,,ii7 an analysis of the alternatives considered to meet the emergency1 including alternatives that both meet the emergency and minimize adverse environmental impacts2 and 7,,iii7 estimates of the additional electrical system costs that are expected to be incurred by any electric utility and any customers of an electric utility as a result of the order1 including the costs of additional fuel1 maintenance1 capital1 or labor4 7,c7 ,the ,commission shall comply with subclauses 7,,ii7 and 7,,iii7 of subparagraph 7,b77ii7 to the maximum extent practicable1 in light of the circumstances1 in the case of an initial order issued under paragraph 7#a7 to address a particular emergency1 but shall fully comply with those subclauses with respect to any renewed or reissued order issued to address that emergency4 7,d7 ,not later than #fj days after the date on which an order is issued under paragraph 7#a71 each electric utility that is1 or expects to be1 impacted by the order 7including each electric utility identified by the ,commission under subparagraph 7,b77ii77,,iii77 shall provide to customers of the electric utility written notice that includes-- 7i7 an identification of the order1 including a link to1 or instructions for accessing1 the order as published under subparagraph 7,b77i72 7ii7 a description of the impacts and expected impacts of the order1 including any costs of additional fuel1 maintenance1 capital1 or labor that have occurred or are expected to occur as a result of the order2 and 7iii7 any other information relevant to the electric utility or customers of the electric utility4 4