Technical and procedural updates only. The changes between v3 and v4 reflect the bill's legislative status, moving from engrossed in the House to being referred in the Senate, and include the addition of the Clerk's name. There are no substantive policy changes to the bill's text.
Reliable Power Act
- Sponsor
- Rep. Balderson, Troy [R-OH-12]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Dec 18, 2025
Bottom line
This bill establishes a new FERC oversight mechanism for federal agency regulations impacting electricity generation, aiming to prioritize bulk-power system reliability by giving FERC a de facto veto power over certain rules.
What it actually does
This bill amends the Federal Power Act to require the Electric Reliability Organization (ERO) to conduct annual long-term assessments of the bulk-power system's reliability. If the ERO identifies a generation inadequacy, the Federal Energy Regulatory Commission (FERC) must notify other federal agencies, such as the Department of Energy and the Environmental Protection Agency. These agencies are then required to submit any proposed regulations that directly affect bulk-power system generation resources to FERC for review and comment. An agency cannot finalize such a regulation until FERC determines it will not significantly negatively impact grid reliability.
Proponents argue
Proponents argue that the bill is crucial for ensuring the stability and reliability of the nation's electricity grid, especially given evolving energy landscapes and increasing demand. They assert that it prevents federal regulations from inadvertently undermining grid reliability by mandating a review process focused on generation adequacy, thereby safeguarding against potential blackouts and energy shortages.
Opponents contend
Opponents contend that this bill grants FERC undue authority over other federal agencies, potentially slowing down or weakening environmental protections or other regulations deemed necessary by those agencies. They argue it creates a bureaucratic hurdle that could be exploited to delay or block regulations aimed at transitioning to cleaner energy sources or addressing public health concerns, thereby undermining broader policy goals.
The bill is concise and clearly structured, allowing an informed reader to quickly grasp its core provisions and implications.
Section 2(1)(B), amending FPA Section 215(g)
Mandating Annual Long-Term Reliability Assessments
This provision requires the Electric Reliability Organization (ERO) to conduct an annual assessment of the bulk-power system's ability to provide enough electricity reliably. This assessment must consider the mix of generation resources, transmission development, and electricity demand trends. It also requires an analysis of the risk of future electricity supply shortfalls under various weather conditions across different regions.
Supporters argue
Supporters argue that robust, regular assessments are essential for proactive identification of reliability risks, allowing for timely interventions to prevent blackouts and ensure grid stability.
Critics contend
No specific opposition is typically raised against requiring reliability assessments, though concerns could arise if data collection is overly burdensome or if the assessment methodology is perceived as biased.
Tradeoffs
Balances the need for comprehensive reliability data against potential administrative burdens on data providers.
Section 2(1)(B), amending FPA Section 215(g)
Public Notification of Generation Inadequacy
If the ERO's long-term assessment determines that the bulk-power system is at risk of not having enough generation resources to maintain adequate reliability, this provision requires the ERO to publicly notify the Federal Energy Regulatory Commission (FERC) that the system is in a state of 'generation inadequacy.' This notification triggers subsequent inter-agency review processes.
Section 2(3), inserting new FPA Section 215(h)
FERC Review of Federal Agency Regulations Affecting Generation
If FERC receives a generation inadequacy notice from the ERO, it must notify other federal agencies (like DOE, EPA). These agencies must then submit any 'covered agency actions' (regulations under development that directly affect bulk-power system generation resources) to FERC for review and comment. FERC, in consultation with ERO and transmission organizations, will provide comments and recommendations, including an assessment of the action's effect on rates and reliability.
Section 2(3), inserting new FPA Section 215(h)(4)
FERC Approval Required for Finalizing Covered Agency Actions
This provision states that a federal agency cannot finalize a 'covered agency action' (a regulation affecting generation resources) until two conditions are met: first, the agency must respond in writing to FERC, explaining how it modified the action based on FERC's comments or why it chose not to; and second, FERC must find that the covered agency action is not likely to have a significant negative impact on the bulk-power system's ability to maintain adequate reliability.
Section 2(3), inserting new FPA Section 215(h)(5)
Transparency for Inter-Agency Review Process
This provision requires that when a federal agency finalizes a 'covered agency action,' it must include any comments and recommendations provided by FERC, as well as the agency's written response to those comments, when publishing the action in the Federal Register or making it publicly available. This ensures transparency in the inter-agency review process.
Defines 'covered agency action' as a regulation that (i) relates to, or otherwise directly affects, any generation resource in the bulk-power system; and (ii) is under development to be proposed or otherwise under consideration in a rulemaking prior to finalization on the date the Federal agency receives notice from FERC.
Section 2(3), inserting new FPA Section 215(h)(6)(A)
Why it matters:While it is standard legislative practice to define terms at the end of a section, the specific wording of this definition is critical for understanding the precise scope of FERC's new authority and the types of regulations subject to its review.
Case for: Supporters would argue this definition is precise, limiting FERC's review to regulations directly impacting generation resources, thus preventing overreach into unrelated policy areas and providing clarity to affected agencies.
Case against: Critics might argue the term 'directly affects' could be interpreted broadly, potentially allowing FERC to review a wide range of regulations, or conversely, too narrowly, allowing agencies to circumvent review. The 'under development' clause also limits its retroactive application.
Estimated impact: This definition determines the exact scope of FERC's new oversight, potentially impacting numerous future regulations from agencies like EPA and DOE, and shaping inter-agency power dynamics.
Defines 'Federal agency' as an Executive department (as defined in section 101 of title 5, United States Code) or any other Executive agency that is in the President's cabinet.
Section 2(3), inserting new FPA Section 215(h)(6)(B)
Why it matters:Standard legislative practice for defining terms, but the specific exclusion of non-cabinet-level agencies is a substantive choice that could be overlooked.
Case for: Supporters would argue this provides clarity on the scope of agencies covered, focusing the new oversight on cabinet-level entities that typically have broad policy impacts.
Case against: Critics might argue this definition could exclude significant independent agencies or other bodies whose regulations might also impact the bulk-power system, potentially creating loopholes in the intended oversight.
Estimated impact: This definition limits the number and type of federal agencies directly subject to FERC's new review process, potentially reducing the administrative burden but also narrowing the scope of reliability oversight.