Summary of H.R.
878,
The "Electric Reliability Improvement Act of 2005"
(A bill to Improve the Reliability of the Nation's
Electric Transmission System)
Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to establish by rule an electric reliability organization (ERO).
Requires all users, owners, and operators of the bulk power system to comply
with reliability standards set by the ERO and approved by FERC.
Allows the ERO to impose a penalty on a bulk power system, user, owner,
or operator if the ERO finds that an approved reliability standard has been
violated. FERC may review and/or affirm, set-aside, remand or modify such
penalties to the ERO for additional proceedings. On motion or complaint, FERC
itself may order compliance or impose a penalty for a violation or threatened
violation.
Requires the ERO to conduct periodic assessments of the reliability and
adequacy of the bulk-power system in North America.
Confines the ERO's authority to the bulk-power system only.
Specifies that this legislation does NOT authorize the ERO or FERC to
order the construction of additional generation or transmission capacity or to
set standards for adequacy or safety of electric facilities or services.
Clarifies that nothing in this legislation preempts any authority of a
State to take action to ensure the safety, adequacy, and reliability of electric
service within the state so long as such action is not inconsistent with any
reliability standard. Provides that the legislation does not apply in Alaska or
Hawaii (but it does in Texas).
Additional Points
The practical effect of the legislation is to codify the North American Electric
Reliability Council (NERC) as the electric reliability organization charged with
setting reliability standards and enforcing them through penalties.
According to NERC analysis, in the year 2002 there were 97 "planning
standards violations" and 444 "operating policy violations," which would have resulted in $9 million in penalties had they been authorized at
that time.
According to NERC, the following organizations support reliability legislation:
-
American Public Power
Association
-
Edison
Electric Institute
-
Electric Reliability Council of Texas
-
National Association of Regulatory Utility
Commissioners
-
National Association of State Energy
Officials
-
National Association of State Utility
Consumer Advocates
-
National Electrical Manufacturers
Association
-
Southeastern
Electric Reliability Council
-
Southwest
Power Pool
-
Western Electricity Coordinating Council
-
Western Governors Association
- National Rural Electric Cooperative
Association
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