Committee on Energy and Commerce, Democrats Home Page
Who We Are Schedule What's New
View Printable Version

Summary of H.R. 3004,
"Electric Reliability Improvement Act of 2003"


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

Prepared by the Committee on Energy and Commerce
2125 Rayburn House Office Building, Washington, DC 20515