IN THE SENATE OF THE UNITED STATES
March 23, 2022
Mr. Barrasso (for himself, Mr. Daines, Mr. Marshall, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To provide that certain policy statements of the Federal Energy Regulatory Commission shall have no force or effect unless certain conditions are met, and for other purposes.
This Act may be cited as the
Ensuring National Security Using Reliable Energy Act or the
The following policy statements issued by the Federal Energy Regulatory Commission shall have no force or effect until the date described in subsection (b):
The updated policy statement entitled
Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Docket No. PL18–1–000 (February 18, 2022)).
The interim policy statement entitled
Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (Docket No. PL21–3–000 (February 18, 2022)).
The date referred to in subsection (a) is the later of—
the date on which the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a))) certifies that disruption to pipeline natural gas supplies does not pose material risk to power system reliability in any season of the year in the territory served by any regional reliability entity, including the Western Electricity Coordinating Council, the Midwest Reliability Organization, the Texas Reliability Entity, and the Northeast Power Coordinating Council; and
the date on which, as determined by the Administrator of the Energy Information Administration, prices for natural gas and wholesale electricity do not exceed, for not fewer than 3 successive calendar quarters, the average of prices for natural gas and wholesale electricity that were in effect for calendar years 2018, 2019, and 2020.
Requirement to timely process FERC applications
Unless and until the conditions described in paragraphs (1) and (2) of subsection (b) are met, the Federal Energy Regulatory Commission shall timely process applications under section 3(e) and section 7 of the Natural Gas Act (15 U.S.C. 717b(e), 717f) pursuant to the Federal Energy Regulatory Commission 1999 Policy Statement on the Certification of New Interstate Natural Gas Facilities (Docket No. PL99–3–000 (September 15, 1999)).
Right To seek relief
Any party aggrieved by the failure of the Federal Energy Regulatory Commission to process an application described in subsection (c) in a reasonable time period may seek equitable relief in any Federal court of competent jurisdiction.