§ 824a.
Interconnection and coordination of facilities; emergencies; transmission to foreign countries
(c)
Temporary connection and exchange of facilities during emergency
(1)
During the continuance of any war in which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest. If the parties affected by such order fail to agree upon the terms of any arrangement between them in carrying out such order, the Commission, after hearing held either before or after such order takes effect, may prescribe by supplemental order such terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any such party.
(2)
With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation, the Commission shall ensure that such order requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable, is consistent with any applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts.
(3)
To the extent any omission or action taken by a party, that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply with such order, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation.
(4)
(A)
An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation shall expire not later than 90 days after it is issued. The Commission may renew or reissue such order pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest.
(B)
In renewing or reissuing an order under subparagraph (A), the Commission shall consult with the primary Federal agency with expertise in the environmental interest protected by such law or regulation, and shall include in any such renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable. The conditions, if any, submitted by such Federal agency shall be made available to the public. The Commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order, or otherwise makes publicly available, an explanation of such determination.
(5)
If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 825l of this title or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect, including any omission or action taken to voluntarily comply with the order, shall remain subject to paragraph (3).
(g)
Continuance of service
In order to insure continuity of service to customers of public utilities, the Commission shall require, by rule, each public utility to—
(1)
report promptly to the Commission and any appropriate State regulatory authorities any anticipated shortage of electric energy or capacity which would affect such utility’s capability of serving its wholesale customers,
(2)
submit to the Commission, and to any appropriate State regulatory authority, and periodically revise, contingency plans respecting—
(A)
shortages of electric energy or capacity, and
(B)
circumstances which may result in such shortages, and
(3)
accommodate any such shortages or circumstances in a manner which shall—
(A)
give due consideration to the public health, safety, and welfare, and
(B)
provide that all persons served directly or indirectly by such public utility will be treated, without undue prejudice or disadvantage.
([June 10, 1920, ch. 285], pt. II, § 202, as added [Aug. 26, 1935, ch. 687], title II, § 213, [49 Stat. 848]; amended [Aug. 7, 1953, ch. 343], [67 Stat. 461]; [Pub. L. 95–617, title II, § 206(a)], Nov. 9, 1978, [92 Stat. 3141]; [Pub. L. 114–94, div. F, § 61002], Dec. 4, 2015, [129 Stat. 1772].)