Texas Insider Report: WASHINGTON DC Rep. Pete Olson (R-Sugar Land) today addressed the House Energy and Commerce Committee to urge passage of H.R. 4273 his bipartisan legislation that amends the Federal Power Act to clarify that when an electric utility complies with a Department of Energy order to generate electricity in order to prevent a reliability emergency the generator will not be considered in violation of conflicting environmental laws. Original co-sponsors of H.R. 4273: Reps. Mike Doyle (D-PA) Lee Terry (R-NE) Gene Green (D-TX) Adam Kinzinger (R-IL) and Charlie Gonzalez (D-TX).
As most everyone knows it gets very hot in Texas in the summer. If the power is shut off air conditioning goes off and lives will be at risk particularly among the elderly and the young Rep. Olson said. Telling utilities on the one hand to generate power and on the other that they will be sued for generating power is only inviting a tragedy. This legislation has bipartisan support because it simply ensures a common sense solution to protect grid reliability when it is most needed.
Relevant Prior Occurrences
In 2005 Mirant (now GenOn) faced a dilemma when the Department of Energy (DOE) ordered the Potomac River Generating Station to continue operations in violation of environmental laws to protect reliability for Washington D.C. Mirant complied and was later fined by the Virginia Department of Environmental Quality for a 3 hour National Ambient Air Quality Standard violation.
In 2001 Mirants Potrero Power Plant in the San Francisco area was issued an emergency order by DOE to ensure reliability during an electricity crisis. In order to ensure that the plant could operate as needed to preserve reliability Mirant obtained written approval from local and federal regulators who allowed the plant to operate for more than 877 hours. Yet Mirant still faced a citizen lawsuit by the City of San Francisco and environmental groups for exceedance of the 877 hour operating limit and was forced to settle the lawsuit at significant expense.
Olson is a member of the House Energy & Commerce Committee. Click here to view his opening statement from todays hearing on H.R. 4273.