The Federal Energy Regulatory Commission will allow EPA to decide which power plants must stay online to ensure electricity reliability.
This White Paper provides staff’s position on how the Commission should advise the EPA under the EPA’s Policy Memorandum. As stated in the EPA Policy Memorandum, whether or to what extent the EPA considers or relies on the Commission’s comments, and whether to grant an AO to an owner/operator, will rest entirely with the EPA. This white paper outlines a proposal that would provide a fair, timely, and transparent process for the Commission to advise the EPA on requests for extension of time to comply with EPA’s MATS rule applying the Commission’s expertise on reliability issues as appropriate in this context. We seek comments on this process.
Where is Congress or do regulatory agencies get to just divide up the world as they see fit?