Reliable Power Act
Summary
The Reliable Power Act amends the Federal Power Act, directing the Federal Energy Regulatory Commission (FERC) to review regulations that could impact the reliability of the bulk-power system. It mandates annual long-term assessments by the Electric Reliability Organization (ERO) to analyze the bulk-power system's ability to meet electricity demand under various conditions.
If the ERO identifies a potential inadequacy in generation resources, it must notify FERC, which then informs relevant federal agencies like the Department of Energy and the Environmental Protection Agency. These agencies must submit any 'covered agency actions' (regulations affecting generation resources) to FERC for review and comment.
FERC, in consultation with the ERO and transmission organizations, will provide comments and recommendations to the agencies, who must then respond in writing, explaining any modifications or justifications for not modifying the actions. The goal is to ensure that federal regulations do not negatively impact the reliability of the power grid.
Expected Effects
The act aims to enhance the reliability of the U.S. bulk-power system by ensuring that federal regulations consider their potential impact on electricity supply. This is achieved through increased oversight and coordination between FERC and other federal agencies.
The likely effect is a more cautious approach to regulations that could affect power generation, with a greater emphasis on maintaining adequate electricity supply. This could lead to adjustments in environmental regulations or other policies to ensure grid stability.
Potential Benefits
- Enhanced grid reliability, reducing the risk of blackouts and power disruptions.
- Improved coordination between federal agencies, leading to more informed and effective regulations.
- Increased transparency in the regulatory process, as comments and responses are made publicly available.
- A more proactive approach to identifying and addressing potential generation inadequacies.
- Potentially lower energy costs due to a more reliable and efficient power system.
Potential Disadvantages
- Potential delays in implementing new regulations due to the review process.
- Possible weakening of environmental regulations if they are deemed to negatively impact power generation.
- Increased burden on federal agencies to comply with the new review requirements.
- Potential for regulatory capture, where industry interests unduly influence the review process.
- Possible increased costs for electricity consumers if the act leads to investments in less efficient or more expensive generation resources.
Most Disadvantaged Areas:
Constitutional Alignment
The Reliable Power Act appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate interstate commerce. Because the bulk-power system involves the transmission of electricity across state lines, federal regulation of its reliability falls under this power.
There are no apparent conflicts with other constitutional provisions, such as the First Amendment or the Fifth Amendment. The act does not infringe on individual liberties or property rights, but rather seeks to ensure the reliable operation of a critical infrastructure system.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).