Utility groups ask DOE to clarify its new emergency authority
Four groups representing consumer-owned utilities filed comments with the U.S. Department of Energy (DOE) this week, regarding a notice of proposed rulemaking issued by the department that would allow it
to exercise a new emergency authority.
A new section of the Federal Power Act granted the emergency authority to DOE in late 2015.
The American Public Power Association, the National Rural Electric Cooperative Association, the Large Public Power Council and the Transmission Access Policy Study Group requested that DOE clarify the nature of the orders it may issue under the new law to people in the electricity industry as soon as possible.
The rule gives the secretary of energy the authority to issue orders for emergency measures in certain grid security situations. The orders may go to the North American Electric Reliability Corporation (NERC), regional NERC entities or the owners, users and operators of electric infrastructure.
In their comments, the four groups asked for clarification on how orders will be communicated and the process for requesting reconsideration, clarification, rehearing, and judicial review of the orders. The groups also stressed the importance of consulting with affected groups before issuing orders.
“It is essential that the secretary take every opportunity to consult with other government agencies and with non-governmental entities, including users, owners and operators of critical electric infrastructure, to the maximum extent possible,” the groups said. “Particularly with a system as complex as the bulk-power system, acting based on incomplete or inaccurate information may in some cases do more harm than delaying action to obtain a clearer understanding of the emergency.”
