crs_reports: R48568

Congressional Research Service reports with summaries, authors, and topic classifications.

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R48568 Federal Power Act: The Department of Energy’s Emergency Authority 2026-02-25T05:00:00Z 2026-02-27T16:54:31Z Active Reports Ashley J. Lawson Electricity, Energy Policy Section 202(c) of the Federal Power Act (16 U.S.C. §824a(c)) grants the Secretary of Energy certain authorities over the temporary operation of the electricity system during emergencies. Actions by the Trump Administration have highlighted this authority and raised questions about its future implementation. The Federal Power Act was enacted in 1935 and included emergency authority language. At the time, federal oversight of the electricity system was conducted by the Federal Power Commission (FPC). Now, the Federal Energy Regulatory Commission (FERC) has most responsibilities for electricity system oversight—but not for emergencies. The emergency authority was transferred to the Secretary of Energy when the Department of Energy (DOE) was established by the Department of Energy Organization Act (P.L. 95-91) in 1977. Section 202(c) of the Federal Power Act provides DOE broad discretion to require almost any change to the operation of the U.S. electricity system on a temporary basis. Specifically, DOE may “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.” DOE may execute this authority during war or at any other time it “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.” DOE and FPC have used the emergency authority several dozen times since 1935 in response to different kinds of emergencies. From 2000 through February 2026, DOE used its emergency authority in response to 26 events. Twelve events were weather-related and included hurricanes, heat waves, and winter storms. On April 8, 2025, President Trump issued Executive Order (E.O.) 14262, “Strengthening the Reliability and Security of the United States Electric Grid.” E.O. 14262 directs DOE to “streamline, systemize, and expedite” its processes for issuing emergency orders when “the relevant grid operator forecasts a temporary interruption of electricity supply is necessary to prevent a complete grid failure.” The E.O. additionally directs DOE to develop a protocol to identify generation resources that are critical to system reliability. The protocol must “include all mechanisms available under applicable law, including Section 202(c) of the Federal Power Act, to ensure any generation resource identified as critical within an at-risk region is appropriately retained.” Further, the protocol must prevent, “as the Secretary of Energy deems appropriate and consistent with applicable law,” identified generation resources from “leaving the bulk-power system” or converting fuels in such a way that reduces their accredited capacity. DOE issued emergency orders for three separate events in May 2025; all of the orders involved seemingly new interpretations of the emergency authority. One order directed the local utility in Puerto Rico to conduct vegetation management (e.g., shrub clearing) around specified transmission lines on the island. No other emergency order issued from 2000 to present has addressed vegetation management. Two other May 2025 orders delayed retirement plans for two power plants. Subsequently, DOE has issued emergency orders delaying the retirement of additional power plants across the country. The primary language authorizing DOE’s emergency orders has remained unchanged since 1935, potentially reflecting Congress’s continued view over this time period that the original authorization is appropriate. Nonetheless, the U.S. electricity system has changed in many ways since 1935 and Congress might choose to reevaluate the authority. Potential aspects of the emergency authority Congress could evaluate include the definition of emergencies, the duration of emergencies, and the scope of electricity system interventions DOE may order in response to emergencies. https://www.congress.gov/crs_external_products/R/PDF/R48568/R48568.8.pdf https://www.congress.gov/crs_external_products/R/HTML/R48568.html

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