Require generating facilities to provide advance notices for retiring electric generating units

Whenever the Commission, upon complaint of a State commission, the Electric Reliability Organization, 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 its order, rule or regulation subject to the requirements in paragraph (2).

In issuing an order, rule, or regulation pursuant to paragraph (1), the Commission shall—

(A) have no authority to—

(i) compel the enlargement of applicable generating facilities; or

(ii) compel the applicable public utility to sell or exchange electric energy when to do so would impair its ability to render adequate service to its customers;

(B) determine which applicable public utility or State commission will be required to pay for additional costs associated with the continued operation of electric generating units or the construction of additional facilities used for the transmission of electric energy in interstate commerce; and

(C) establish cost-based compensation to be paid to the electric generating units that will continue to operate, and the appropriate compensation and cost allocation for any new transmission facilities.

An order, rule, or regulation issued pursuant to paragraph (1) that compels the operation of any electric generating unit shall take effect for 5 years following the date of issuance of such order, rule, or regulation.

Not later than the date that is 180 days prior to the date on which an order, rule, or regulation described in subparagraph (A) expires, the Electric Reliability Organization or the applicable State commission or transmission organization may each request the Commission to reissue such order, rule, or regulation.

Not later than 10 days after the date on which the Commission receives the request described in subparagraph (B), the Commission shall—

(i) notify each applicable State commission, transmission organization, and public utility and provide an opportunity for a hearing with respect to such request; and

(ii) reissue or deny the applicable order, rule, or regulation described in subparagraph (A), and such order, rule, or regulation shall take effect for a period that is not longer than 5 years following the date of expiration of the order, rule, or regulation issued pursuant to paragraph (1).

To the extent any omission or action taken by an entity that is necessary to comply with an order, rule, or regulation issued under paragraph (1) or section 202, including any omission or action taken to voluntarily comply with such order, rule, or regulation, results in noncompliance with or causes such entity to not comply with any Federal, State, or local environmental law or regulation, such omission or action shall not—

(A) be considered a violation of such environmental law or regulation; or

(B) subject such entity to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation.

In the event an owner or operator of a generating facility plans to retire an electric generating unit, such owner or operator shall submit to the Commission, the Electric Reliability Organization, and the applicable State commission and transmission organization a notice of such plans not later than 5 years prior to the date on which such owner or operator plans to retire such electric generating unit.

An owner and operator of a generating facility that retires an electric generating unit due to an unplanned catastrophe, emergency, disaster, or similar event that has rendered such electric generating unit inoperable is not subject to the notice requirement described in paragraph (1).

The Commission shall make publicly available the submitted notice described in paragraphs (1) and (2), as applicable.

In this section:

The term bulk-power system has the meaning given such term in section 215.

The term electric generating unit means an electric energy producing unit that is a component of a generating facility that—

(A) has a power production capacity of not less than 5 megawatts; or

(B) incidentally produces not less than 5 megawatts of electric energy for the bulk-power system.

The term Electric Reliability Organization has the meaning given such term in section 215(a).

The term generating facility means a single facility—

(A) with one or more electric generating units; and

(B) that produces electric energy for the bulk-power system.

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.

Upon receipt of a notice of a plan to retire an electric generating unit under section 207(b)(1), the Electric Reliability Organization shall file a complaint with the Commission pursuant to section 207(a)(1) if the Electric Reliability Organization determines that such plan will be a violation of a reliability standard or a reliability planning requirement.