HR 1075 IH

To allow any business or individual in any State experiencing a power emergency to operate any type of power generation available to ensure their economic stability, and for other purposes.

March 15, 2001

Mr. HUNTER (for himself, Mr. ROYCE, Mr. POMBO, Mr. ROHRABACHER, Mr. HORN, Mr. RADANOVICH, Mr. DOOLITTLE, Mr. GARY MILLER of California, Mrs. BONO, Mr. CALVERT, Mr. OSE, Mr. CUNNINGHAM, and Mr. ISSA) introduced the following bill; which was referred to the Committee on Energy and Commerce

To allow any business or individual in any State experiencing a power emergency to operate any type of power generation available to ensure their economic stability, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. EMERGENCY GENERATION.

(a) IN GENERAL- Notwithstanding any other provision of law, any business or individual in any State experiencing a power emergency on any day may operate, at any time during that day, any type of power generation available, using any type of fuel available, to ensure the economic stability of such business or individual.

(b) AVAILABILITY OF INFORMATION- Any person or State official having information regarding the available supply of electricity in a State, or the projected electric demand for electricity in that State, shall promptly make such information available to the Secretary of Energy or the Federal Energy Regulatory Commission, upon request. Any person or State official who fails or refuses to comply with any such request shall be subject to a civil penalty in the amount of $10,000 for each day during which such failure or refusal continues.

(c) ATTAINMENT OR NONATTAINMENT STATUS- No emissions attributable to generation permitted solely by reason of subsection (a) shall be taken into account for purposes of determining under Part C or D of title I of the Clean Air Act the attainment or nonattainment status of any area in a State affected by such emissions or for purposes of determining the nonattainment classification or attainment date of any such area under such Part D.

(d) DEFINITION- For purposes of this Act, the term `power emergency' means that the Secretary of Energy or the Federal Energy Regulatory Commission has determined that the available supply of electricity in a State on the day concerned is not more than 110 percent of the projected electric demand for the day concerned.

END