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The Department of Energy (DOE) intends to update its rules concerning the emergency interconnection of electric facilities and the transfer of electricity to alleviate an emergency shortage of electric power pursuant to sections 202(c) and 202(d) of the Federal Power Act. Section 202(c) authorized the Federal Power Commission to order, upon application or on its own motion, a temporary connection of facilities and the generation, delivery, interchange, or transmission of electric energy necessary to alleviate an emergency shortage of electric power. Section 202(d) authorized an entity that is not otherwise subject to the jurisdiction of the Commission to establish temporary emergency connections without thereby becoming subject to the jurisdiction of the Commission and, upon approval by the Commission, to construct, under the same conditions, a permanent connection that would be only for emergency use. The Department of Energy Organization Act transferred the responsibilities under sections 202(c) and 202(d) of the Federal Power Act to the Secretary of Energy. A final rulemaking was promulgated on August 6, 1981 (46 FR 39984), establishing 10 CFR Part 205, sections 370 et seq. Since its original promulgation, the rule has not been substantively amended.

These amendments would update the 10 CFR Part 205, sections 370 et seq. by clarifying applicable entities, updating the definition of emergency, streamlining filing and application procedures, reducing reporting burdens, and adding a new section on liability exemptions to conform with statutory changes made to the statutory authority in 2015.