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S. 3908: Ensuring National Security Using Reliable Energy Act


The text of the bill below is as of Mar 23, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 3908

IN THE SENATE OF THE UNITED STATES

March 23, 2022

(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

A BILL

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.

1.

Short title

This Act may be cited as the Ensuring National Security Using Reliable Energy Act or the ENSURE Act.

2.

FERC applications

(a)

In general

The following policy statements issued by the Federal Energy Regulatory Commission shall have no force or effect until the date described in subsection (b):

(1)

The updated policy statement entitled Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Docket No. PL18–1–000 (February 18, 2022)).

(2)

The interim policy statement entitled Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (Docket No. PL21–3–000 (February 18, 2022)).

(b)

Date described

The date referred to in subsection (a) is the later of—

(1)

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

(2)

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.

(c)

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)).

(d)

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.