Reliable Power Act
- Bill Number
- H.R. 3616
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Energy
- Status
- Passed House
- Latest Action
- 2025-12-18: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-03-24T12:48:03Z
AI-Generated Summary
Purpose
The Reliable Power Act aims to enhance the reliability of the U.S. electric grid (known as the bulk-power system) by requiring the Federal Energy Regulatory Commission (FERC) to review and comment on certain federal regulations that could impact electricity generation, particularly during periods of potential supply shortages. It seeks to prevent actions by other agencies from undermining the grid's ability to meet demand reliably.
Key Provisions
- Enhanced Reliability Assessments by the Electric Reliability Organization (ERO): The ERO (a nonprofit entity certified by FERC to develop and enforce grid reliability standards) must conduct annual long-term assessments of the bulk-power system's ability to supply enough electricity. These assessments include:
- Analysis of generation resources, transmission infrastructure, and demand trends.
- Evaluation of risks for supply shortfalls under normal and extreme weather conditions, broken down by region.
- Determination of whether additional generation resources are needed to maintain reliability.
- Notification of Generation Inadequacy: If the ERO identifies a risk of inadequate generation resources, it must publicly notify FERC. The ERO can collect data from grid users, owners, and operators to support these assessments.
- FERC Review of Federal Agency Actions:
- Upon receiving the ERO's notice, FERC must promptly inform the Department of Energy (DOE), Environmental Protection Agency (EPA), and other relevant federal agencies of the "state of generation inadequacy."
- Affected federal agencies must submit any "covered agency action" (a regulation under development that relates to or directly affects generation resources in the grid) to FERC for review. This submission occurs either when the action is sent to the Office of Management and Budget (OMB) for inter-agency review or at least 90 days before public release if no OMB review applies.
- FERC Comments and Agency Response:
- FERC, in consultation with the ERO and transmission organizations, must provide comments via order, assessing impacts on electricity rates, terms, and conditions, and recommending modifications to avoid harming grid reliability.
- Agencies cannot finalize the regulation until they respond in writing to FERC's comments (explaining any changes or reasons for no changes) and FERC determines the action will not significantly negatively affect grid reliability.
- Public Transparency: Agencies must make FERC's comments, recommendations, and their responses publicly available when publishing the regulation in the Federal Register or for public comment.
Significant Changes to Existing Law
This bill amends Section 215 of the Federal Power Act (16 U.S.C. 824o), which currently outlines FERC's oversight of grid reliability standards developed by the ERO. Key changes include:
- Expanding ERO assessments from periodic reviews to mandatory annual long-term evaluations focused on generation adequacy and risks.
- Introducing a new subsection (h) that mandates inter-agency coordination and FERC veto-like approval (via a "no significant negative impact" finding) for certain regulations during inadequacy states—a process not previously required.
- Redesignating existing subsections to accommodate the new provisions, without altering their core content.
Potential Impacts
- On Government Agencies: Increases coordination and potential delays for DOE, EPA, and other cabinet-level agencies when developing regulations affecting power generation (e.g., emissions rules or energy efficiency standards). This could slow rulemaking but promote alignment with reliability goals.
- On Citizens: May improve electricity supply reliability, reducing risks of blackouts or shortages, especially during extreme weather. However, it could indirectly affect energy costs if regulations are modified to prioritize fossil fuel or other generation sources.
- On International Relations: Minimal direct impact, though enhanced U.S. grid reliability could support energy security in trade or geopolitical contexts involving energy exports/imports.
- Broader Effects: Encourages a balance between environmental protections and energy needs, potentially influencing the pace of transitioning to renewable energy sources.
Main Stakeholders Affected
- Federal Agencies: FERC (leads reviews), DOE and EPA (must submit actions for approval), and other executive departments (e.g., those issuing energy-related rules).
- Energy Sector: ERO (e.g., North American Electric Reliability Corporation or NERC), transmission organizations, power generators, utilities, and grid owners/operators (involved in data collection and consultations).
- Citizens and Consumers: Electricity users who benefit from reliability but may face regulatory trade-offs affecting costs or environmental quality.
- Environmental and Industry Groups: Advocacy organizations focused on clean energy or fossil fuels, as the bill could influence regulations on power plant operations.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens FERC's role in inter-agency oversight, potentially creating enforceable requirements for federal rulemaking under the Administrative Procedure Act. The "covered agency action" definition limits scope to regulations in development affecting generation, avoiding retroactive application. Disputes could arise in courts over what constitutes a "significant negative impact" on reliability.
- Constitutional Implications: Relies on Congress's authority under the Commerce Clause to regulate interstate electricity transmission. It promotes coordination among executive branch agencies without infringing on separation of powers, as FERC's role is advisory with a final approval threshold. However, it might face challenges if viewed as unduly constraining independent agency discretion.
- Political Implications: Highlights tensions between energy reliability and environmental regulations, potentially favoring pro-fossil fuel or grid-stability interests. As a bipartisan tool for grid resilience, it could influence future energy policy debates, especially amid climate change and electrification trends, but may draw criticism for politicizing technical rulemaking.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Balderson, Troy [R-OH-12]
Cosponsors (20)
Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Fedorchak, Julie [R-ND-At Large], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Miller, Carol D. [R-WV-1], Rep. Harshbarger, Diana [R-TN-1], Rep. Allen, Rick W. [R-GA-12], Rep. Joyce, John [R-PA-13], Rep. Downing, Troy [R-MT-2], Rep. Rulli, Michael A. [R-OH-6], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Bresnahan, Robert P. [R-PA-8], Rep. Griffith, H. Morgan [R-VA-9], Rep. Moore, Tim [R-NC-14], Rep. Hudson, Richard [R-NC-9], Rep. Meuser, Daniel [R-PA-9], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Mann, Tracey [R-KS-1], Rep. McDowell, Addison P. [R-NC-6], Rep. Onder, Robert F. [R-MO-3]
Recent Actions
- 2025-12-18: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- 2025-12-17: Motion to reconsider laid on the table Agreed to without objection.
- 2025-12-17: On passage Passed by the Yeas and Nays: 225 - 203 (Roll no. 347). (text of amendment in the nature of a substitute: CR H6000) (Roll call 347)
- 2025-12-17: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 203 (Roll no. 347). (Roll call 347)
- 2025-12-17: Considered as unfinished business. (consideration: CR H6006)
- 2025-12-17: At the conclusion of debate on H.R. 3616, the Chair put the question on passage of the bill and by voice vote announced the ayes had prevailed. Mr. Weber (TX) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- 2025-12-17: The previous question was ordered pursuant to the rule.
- 2025-12-17: DEBATE - The House proceeded with one hour of debate on H.R. 3616.
- 2025-12-17: Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
- 2025-12-17: Considered under the provisions of rule H. Res. 951. (consideration: CR H6000-6004)
- 2025-12-16: Rules Committee Resolution H. Res. 951 Reported to House. Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
- 2025-11-25: Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-302, Part II.
- 2025-11-25: Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-302, Part II.
- 2025-09-17: Placed on the Union Calendar, Calendar No. 256.
- 2025-09-17: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-302.
Bill Versions
- Reliable Power Act — issued 2025-12-17 — PDF (8 pages)
- Reliable Power Act — issued 2025-05-29 — PDF (7 pages)
- Reliable Power Act — issued 2025-12-18 — PDF (7 pages)
- Reliable Power Act — issued 2025-09-17 — PDF (10 pages)