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S 4337

No Big Fossil Bailouts on Your Power Bill Act

119th Congress Introduced by Chris Van Hollen and 4 co-sponsors

The bill tightens emergency orders to keep fossil plants online, adds public hearings, alternatives analysis, cost disclosures, and consumer notice to curb bailouts and boost trans

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4337

Summary of Bill: S. 4337 – No Big Fossil Bailouts on Your Power Bill Act

Jurisdiction: United States Congress | Session: 119th Congress | Introduced: April 16, 2026

1) Purpose and intent

  • The bill seeks to restrict the use of emergency authority under the Federal Power Act to keep fossil-fuel-powered electric generation facilities online.
  • In short, it aims to prevent large-scale bailouts or backstops for fossil fuel plants through emergency actions, ensuring that any such actions are limited and subject to stronger scrutiny, consideration of alternatives, and public accountability.

2) Key provisions and changes

  • Limitations on emergency orders (Section 202(c) of the Federal Power Act):

    • Rewrites and tightens the standards for emergency orders that could keep a fossil-fuel facility online.
    • Removes language allowing broad or unilateral actions “with or without notice, hearing, or report,” signaling a move toward more procedural protections and public involvement.

  • Duty to consider alternatives (Paragraph (2) additions):

    • Before issuing an emergency order, the Federal Energy Regulatory Commission (FERC) must, to the maximum extent practicable, consider alternatives to meet the emergency that also minimize adverse environmental impacts.

  • Enhanced procedures and public process (Paragraph (4) changes):

    • Requires public hearings and more detailed consultation with Federal and non-Federal agencies.
    • The Commission must assess:
    • Whether and the extent to which the order would raise rates for ratepayers.
    • Whether the order would conflict with environmental laws or regulations.
    • Expands consultation to include relevant non-Federal state and local agencies and regulators, and requires consideration of the potential conflicts at each facility’s location.

  • Clarified scope and consultation (Subparagraphs B and C):

    • Requires the Commission to rely on input from multiple agencies when determining conditions and cost estimates associated with an emergency order.
    • Any order that is issued is treated as a renewed or reissued order for purposes of ongoing requirements.

  • Protection against delaying retirement or forcing operation (Subparagraph (6) and (7) provisions):

    • Generally prohibits orders that delay retirement or permanent closure of a facility or require continued generation at a facility that has retired (with limited exceptions).
    • An emergency order can delay retirement only if an emergency exists that cannot be addressed by other means and if a transmission organization requests the delay in writing.

  • Public docket and post-order reporting (New Subparagraphs (A)–(D)):

    • Before issuing an order, the Commission must:
    • Create a public online docket for related matters.
    • Publish notice and provide access to the proposed order and any requests.
    • Orders must be posted on the public docket and accompanied by a comprehensive report that includes:
    • Causes of the emergency.
    • Consideration of alternatives and environmental impacts.
    • Estimated added costs to utilities and customers (fuel, maintenance, capital, labor).

  • Consumer notice (Subparagraph (D)(4)):

    • Utilities impacted by an order must notify customers within 60 days, including:
    • Identification and access to the order.
    • Description of current and expected impacts and costs.
    • Any other relevant information.

3) Who and what would be affected

  • Federal Energy Regulatory Commission (FERC): Primary agency affected; new procedural requirements and limits on emergency authority.
  • Fossil-fuel electric generation facilities: Subject to tighter safeguards on emergency actions that could keep them online.
  • Electric utilities and their customers: Potentially higher transparency requirements and clearer disclosures of costs imposed by emergency orders.
  • State and local agencies/regulators: Expanded role in consultation and conflict assessment.
  • General public: Expanded access to information through public dockets and required notices to consumers.

4) Procedural and timeline considerations

  • The bill adds explicit procedural steps before, during, and after any emergency order:
    • Public docket creation and public hearing requirements.
    • Public notices and access to proposed orders.
    • Detailed post-order reporting on causes, alternatives, and cost impacts.
    • A 60-day consumer notice requirement after an order is issued.
  • It introduces conditions under which emergency orders can delay retirement or continuing operation, imposing tighter scrutiny and requiring written requests from transmission organizations for delays.
  • The measure emphasizes ongoing accountability for renewed or reissued orders, treating them as subject to the same procedural safeguards as initial orders.

Note: As introduced, the bill outlines governance and procedural reforms rather than enacting immediate funding or bailout expenditures. It focuses on limiting emergency actions that would financially support fossil-fuel plants and increasing transparency and environmental considerations in such actions.

Compiled from official sources — confirm details with the bill’s official record.

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