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Legal Resources Arrow Federal Statutes Arrow Energy Policy Act (EPAct) of 2005

 
Energy Policy Act (EPAct) of 2005
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Signed into law on August 8, 2005
This page helps you keep track of and participate in the activities surrounding our implementation of some of the Act’s requirements.

How can you participate? Once a docket number has been assigned, you can:
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to electronically submit your documents and comments to FERC.

Click the tabs below to track FERC's status, actions taken and timeframe.
Mandatory within 60 days after date of enactment
Within 60 days after enactment, FERC shall promulgate regulations on the National Environmental Policy Act (NEPA) pre-filing process for liquefied natural gas (LNG) projects. (sec. 311)
Docket No. RM05-31-000 Order No. 665

Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
Mandatory within one year of enactment
Not later than one year, DOE will conduct not less than three LNG forums in cooperation and consultation with other agencies including FERC. (sec. 317)
Status: Completed
» LNG Forums External Links
Mandatory actions with no deadline
FERC must complete an MOU with the Secretary of Defense to ensure coordination of LNG facilities that may affect an active military installation. (sec. 311)
Status: Completed
Actions Taken
» MOU PDF
Mandatory by December 31, 2005
FERC shall submit to Congress by December 31, 2005, a report describing actions taken by the Commission to conclude its investigation of unreasonable charges incurred by California during electricity crisis and to ensure that refunds to California are paid. The report shall include timetables for further actions. (sec.1824)
Status: Completed
Actions Taken
» The California Electricity Crisis and Timeline for Distribution of Refunds Report PDF
Mandatory within 180 days after enactment
Within 180 days, FERC shall issue a final rule implementing the new reliability provisions. (sec. 1211)
Docket No. RM05-30-000 – Order No. 672 and 672A
(Electric Reliability)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
»  General Counsel's testimony before the U.S. Senate Committee on Energy and Natural Resources PDF | View Details
»  NERC certified as Electric Reliability Organization News Release | Decision PDF
»  Order on NERC's Three-Year Performance Assessment New Release | Decision PDF

Within 180 days, FERC shall issue a rule revising its criteria for the useful thermal output of qualifying facilities (QFs) under the Public Utility Regulatory Policies Act (PURPA) (sec. 1253)
Docket No. RM05-36-000 – Order No. 671 and 671A (Qualifying Facilities)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Within 180 days, the Department of Energy (DOE) and FERC shall issue a report to Congress on Transmission System Monitoring, i.e., the steps which must be taken to establish a system to make available to all transmission owners and regional transmission organizations (RTOs) in the Eastern and Western interconnections real-time information on the functional status of all transmission lines within the interconnections. (sec. 1839)
Status: Completed
Actions Taken
» DOE and FERC submit Transmission Monitoring Report to Congress PDF
Mandatory within one year of enactment
Within one year, by rule or order, FERC shall implement the subsection which requires FERC to exercise its authority under the FPA in a manner that facilitates planning and expansion of transmission facilities to meet the reasonable needs of load-serving entities (LSEs) to satisfy their native load obligations and enables LSEs to secure firm transmission rights on a long-term basis for long-term power supply to meet their service needs. (sec. 1233)
Docket Nos. RM06-8-000 & AD05-7-000 – Order No. 681 (Long-Term Transmission Rights)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Not later than one year, FERC shall establish rules for incentive-based rate treatments for transmission in interstate commerce by public utilities for the purpose of ensuring reliability, and reducing cost of delivered energy by reducing transmission congestion. (sec. 1241)
Docket No. RM06-4-000 - Order No. 679 (Promoting Transmission Investment)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Within one year, FERC shall convene regional joint boards under sec. 209 of the FPA to study security constrained dispatch in various market regions and submit to Congress a report on the recommendations of the joint boards. A member of the Commission will chair each board and participate. (sec. 1298)
Docket No. AD05-13-000 (Regional Joint Boards)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
» Report to Congress PDF

Not later than one year, FERC shall publish an annual report, by appropriate region, that assesses demand response resources. (sec. 1252)
Docket No. AD06-2-000 (Demand Response and Advanced Metering Survey)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
» Demand Response Presentation PDF, July 20, 2006
» Report to Congress: Demand Response & Advanced Metering PDF, August 7, 2006 (revised December 2008)
» Visit our Demand Response & Advanced Metering section

Within one year, a five-member inter-agency task force ("Electric Energy Market Competition Task Force"), of employees from DOJ, FERC, FTC, DOE, Ag shall submit to Congress a final report on competition within wholesale and retail markets for electric energy in the U.S. (sec. 1815)
Docket No. AD05-17-000 (Electric Energy Market Competition)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
» Final Report to Congress, April 5, 2007 PDF
» Transmittal Letters to Congress PDF

Not later than one year, DOE and heads of all federal agencies with authority to issue federal authorizations for electric transmission facilities shall enter into an Memorandum of Understanding (MOU) to ensure timely and coordinated review and permitting of electric transmission facilities. (sec. 1221)
Status: Completed
Actions Taken
» MOU PDF
Mandatory within 18 months after enactment
Not later than 18 months after enactment, DOE, in consultation with FERC, shall complete a study on the benefits of cogeneration and small power production and submit a report to the President and the Congress. (sec. 1817)
Status: Completed
» Potential Benefits of Distributed Generation and Rate Related Issues That May Impede Its Expansion PDF issued by DOE, June 2007
Mandatory actions with no deadline
FERC shall issue rules for applications for national transmission corridor permits. (sec. 1221(a))
Docket No. RM06-12-000; Order No. 689 (Siting of Electric Transmission)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

FERC shall adopt rules providing expedited procedures for processing section 203 applications within 180 days (with 180-day extensions for good cause). (sec. 1289)
Docket No. RM05-34-000 – Order No. 669 (Merger Reform)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

FERC shall carefully consider the New England States’ objections to the locational installed capacity mechanism currently pending before the Commission.
Docket No. ER03-563-030
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
Other Rulemakings/Actions
FERC may by rule or order require comparable open access to be provided by non-regulated (FPA sec. 201(f)) transmission utilities. (sec. 1231)
Docket No.
RM05-25-000 (Order 888 Reform)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
»  Visit our OATT Reform section

Termination of mandatory purchase and sale requirements for QFs. (sec. 1253)
Docket No. RM06-10-000 – Order No. 688 (PURPA Small Power Production)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

FERC may issue rules to increase transparency in electric and gas markets. (sec. 316 and 1281)
Docket No. AD06-11-000 (Price Transparency)
Status: Initiated
Actions Taken
» View all documents issued and received by FERC [eLibrary]

FERC “may prescribe such rules as it determines necessary and appropriate” under the electric and gas market manipulation provisions which make unlawful any manipulative device or contrivance (as those terms are used in the Securities Exchange Act of 1934. (sec. 315 and 1283)
Docket No. RM06-3-000 – Order No. 670 (Anti-Manipulation/Anti-fraud)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Docket No. PL06-1-000 (Policy Statement On Enforcement)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Docket No. AD07-4-000 (Process for Assessing Civil Penalties)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
Mandatory within 180 days after enactment
Within 180 days, and every 180 days thereafter, FERC shall submit to Congress a report on progress made in licensing and constructing the Alaska natural gas pipeline. (sec.1810)
Status: Completed
Actions Taken
» Seventeenth Report to Congress PDF
» Sixteenth Report to Congress PDF
» Fifteenth Report to Congress PDF
» Fourteenth Report to Congress PDF
» Thirteenth Report to Congress PDF
» Twelfth Report to Congress PDF
» Eleventh Report to Congress PDF
» Tenth Report to Congress PDF
» Ninth Report to Congress PDF
» Eighth Report to Congress PDF
» Seventh Report to Congress PDF
» Sixth Report to Congress PDF
» Fifth Report to Congress PDF
» Fourth Report to Congress PDF
» Third Report to Congress PDF
» Second Report to Congress PDF
» Report to Congress PDF
Mandatory actions with no deadline
Section 15 of the NGA is amended to provide that the Commission shall act as the lead agency for coordinating all applicable Federal authorizations related to jurisdictional natural gas facilities, and for purposes of complying with NEPA. The Commission is authorized to establish a schedule for all Federal authorizations. The applicant may pursue remedies in Federal court if an agency does not complete a proceeding in accordance with the Commission’s. (sec. 313)
Docket Nos. RM06-1-000, PL05-13-000, CP01-384-000 – Order No. 687 (Coordinating Processing and Consolidate Record)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
Other Rulemakings/Actions
FERC may issue rules to increase transparency in electric and gas markets. (sec. 316 and 1281)
Docket Nos. RM07-10-000 - Order No. 704 (Price Transparency)
Status: Completed for Gas
Actions Taken
» View all documents issued and received by FERC [eLibrary]
» December 20, 2007: News Release

FERC “may prescribe such rules as it determines necessary and appropriate” under the electric and gas market manipulation provisions which make unlawful any manipulative device or contrivance (as those terms are used in the Securities Exchange Act of 1934. (sec. 315 and 1283)
Docket No. RM06-3-000 – Order No. 670 (Anti-Manipulation/Anti-fraud)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Docket No. PL06-1-000 (Policy Statement On Enforcement)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Docket No. AD07-4-000 (Process for Assessing Civil Penalties)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

The Commission may authorize natural gas companies to provide storage and storage-related services at market-based rates for new storage capacity (placed into service after the date of enactment of the Act), even though the company can’t demonstrate it lacks market power. (sec. 312).
Docket Nos. RM05-23 and AD04-11- Order No. 678 (New Gas Storage)
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
Mandatory within 90 days after date of enactment
Within 90 days after enactment, Departments of Interior, Commerce, and Agriculture, in consultation with FERC, shall establish by rule procedures for trial-type expedited proceedings for mandatory conditions and fishways. (sec. 241(a)-(b)) Resource Agency Procedures
Status: Completed
Actions Taken
» FERC Energy Projects Director's testimony before the US Senate Energy and Natural Resources Committee PDF | View Details
» Joint Agency News Release External Links
» Procedures PDF External Links
Mandatory actions with no deadline
FERC shall extend the preliminary permit for the Flint Creek Hydro Project for a period of 3 years beginning on the date the preliminary permit expires, or if it has already expired before enactment of the energy act, reinstate the preliminary permit for an additional 3 years beginning on the date of enactment. (sec. 245)
Project No. 12107

Status: Completed
Actions Taken
»  View all documents issued and received by FERC [eLibrary]

FERC to certify, for tax credit purposes, the extent to which qualified hydropower production is increased by efficiency improvements, as compared to historic baseline hydropower production. (sec. 1301(c))
Status: Completed
Actions Taken
» First certification for renewable energy tax credit News Release
» FERC Energy Projects Director's testimony before the US Senate Energy and Natural Resources Committee PDF | View Details
»  Renewable Energy Tax Credit Guidelines PDF
Mandatory within 180 days after enactment
Within 180 days, the FERC and the Commodity Futures Trading Commission (CFTC) shall conclude a Memorandum of Understanding (MOU) on information under both the electric and gas market transparency provisions. (sec. 316 and 1281)
Status: Completed
Actions Taken
»  MOU PDF
Mandatory within two years of enactment
Not later than two years after enactment, Departments of Agriculture, Commerce, Defense, Energy and Interior, in consultation with FERC, States, tribal or local units of government as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall jointly designate corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on federal land in the eleven contiguous Western States, perform environmental reviews for such designations and incorporate the designated corridors into the relevant agency land use and resource management plans. (sec. 368(a))
Status: Initiated
Mandatory within four years after enactment
Not later than four years after enactment, Departments of Agriculture, Commerce, Defense, Energy and Interior, in consultation with FERC, affected utility industries, and other interested persons, shall jointly identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on federal land in States other than the eleven contiguous Western States, schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans. (sec. 368(b))
Status: Initiated
Mandatory actions with no deadline
Departments of Agriculture, Commerce, Defense, Energy and Interior, in consultation with FERC, affected utility industries, and other interested persons, shall establish procedures to ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission facilities and distribution facilities on federal land are promptly identified and designated as necessary; and expedite applications to construct or modify such pipelines and facilities within such corridors. (sec.368(c))
Status: Initiated
Mandatory within four months after date of enactment
Within four months after enactment, FERC shall issue rules to exempt from section 1275 (FERC review and authorization of costs of non-power goods or services provided by an associate company to a public utility in the same holding company system) any holding company whose public utility operations are confined to a single state and any other class of transactions the Commission finds not relevant to jurisdictional public utility rates.
Docket No. RM05-32-000 – Order No. 667
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]

Within four months after enactment, FERC shall issue such rules as may be necessary to implement new Public Utility Holding Company Act (PUHCA) provisions. (secs. 1263 and 1272)
Docket No. RM05-32-000 and Order No. 667
Docket No. RM06-11-000 and Order No. 684
Status: Completed
Actions Taken
» RM05-32-000 - View all documents issued and received by FERC [eLibrary]
» RM06-11-000 - View all documents issued and received by FERC [eLibrary]

Within four months after enactment, FERC shall submit to Congress detailed recommendations and conforming amendments to federal law necessary to carry out the PUHCA subtitle. (sec. 1272)
Docket No. RM05-32-000 – Order No. 667
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]
Mandatory within nine months after enactment
Within 90 days after the effective date of the PUHCA subtitle (which is 6 months after date of enactment), the Commission shall issue a final rule exempting from the new PUHCA federal books and records access requirements persons that are holding companies solely with respect to one or more exempt wholesale generators (EWGs), QFs or foreign utility companies. (sec. 1266)
Docket No. RM05-32-000 – Order No. 667
Status: Completed
Actions Taken
» View all documents issued and received by FERC [eLibrary]



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Updated: March 4, 2014