This legislation significantly amends the Federal Power Act to impose new limitations and requirements on the Federal Energy Regulatory Commission's (FERC) emergency authority. Its primary goal is to prevent FERC from using this authority to keep fossil fuel-powered electric generating facilities online or to require generation from plants that have already retired. This prohibition aims to protect ratepayers from potentially high costs associated with extending the life of older, less efficient facilities. The bill introduces several key procedural changes, requiring FERC to consider alternatives that minimize adverse environmental impacts before issuing emergency orders. It mandates greater transparency and public participation , including holding public hearings, assessing the impact on ratepayer costs, and determining potential conflicts with environmental laws. Furthermore, FERC must consult with relevant State and local agencies, including environmental regulators, before renewing or reissuing such orders. Crucially, the bill establishes a general prohibition against using emergency authority to prevent facility retirement or require generation from retired plants. An exception exists only if an emergency cannot be met in any other way and the applicable Transmission Organization makes a written request. For all emergency orders, FERC must create a public online docket and publish detailed reports analyzing the emergency's causes, alternatives considered, and estimated additional electrical system costs, including fuel and maintenance expenses. Finally, electric utilities impacted by an order are required to provide written notice to their customers , detailing the order's impacts and expected costs.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
No Big Fossil Bailouts on Your Power Bill Act
USA119th CongressS-4337| Senate
| Updated: 4/16/2026
This legislation significantly amends the Federal Power Act to impose new limitations and requirements on the Federal Energy Regulatory Commission's (FERC) emergency authority. Its primary goal is to prevent FERC from using this authority to keep fossil fuel-powered electric generating facilities online or to require generation from plants that have already retired. This prohibition aims to protect ratepayers from potentially high costs associated with extending the life of older, less efficient facilities. The bill introduces several key procedural changes, requiring FERC to consider alternatives that minimize adverse environmental impacts before issuing emergency orders. It mandates greater transparency and public participation , including holding public hearings, assessing the impact on ratepayer costs, and determining potential conflicts with environmental laws. Furthermore, FERC must consult with relevant State and local agencies, including environmental regulators, before renewing or reissuing such orders. Crucially, the bill establishes a general prohibition against using emergency authority to prevent facility retirement or require generation from retired plants. An exception exists only if an emergency cannot be met in any other way and the applicable Transmission Organization makes a written request. For all emergency orders, FERC must create a public online docket and publish detailed reports analyzing the emergency's causes, alternatives considered, and estimated additional electrical system costs, including fuel and maintenance expenses. Finally, electric utilities impacted by an order are required to provide written notice to their customers , detailing the order's impacts and expected costs.