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DOE's Use of Federal Power Act Emergency Authority

Under FPA section 202(c) during the continuance of a war in which the United States is engaged or when 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 the fuel or water for generating facilities, or other causes, the Secretary of Energy may require by order temporary connections of facilities, and generation, delivery, interchange, or transmission of electricity as the Secretary determines will best meet the emergency and serve the public interest.  16 U.S.C. § 824a(c).

  • On December 14, 2000, a Federal Power Act section 202(c) emergency order was issued in response to the California energy crisis.
  • On August 16, 2002, due to concerns regarding the availability of electricity on Long Island in the State of New York, a 202(c) order was issued directing Cross-Sound Cable Company to operate the Cross-Sound Cable from Connecticut to Long Island and related facilities.
  • On August 14, 2003, in response to the blackout on that day in the Northeast and Upper Midwest areas of the United States, as well as portion of Canada, the New York Independent System Operator and ISO New England were directed to require Cross-Sound Cable Company to operate the Cross-Sound Cable and related facilities.
  • On September 28, 2005, in response to “the massive devastation caused Hurricane Rita, which further exacerbated the dire condition caused by Hurricane Katrina”, a 202(c) emergency order was issued authorizing CenterPoint Energy to temporarily connect electricity lines to restore power to Entergy Gulf States, Inc., as well as electric cooperatives and municipal customers within the State of Texas.
  • On August 24, 2005 in response to a decision by Mirant Corporation to cease generation of electricity at its Potomac river generating station, the District of Columbia Public Service Commission requested that the Secretary of Energy issue a 202(c) emergency order requiring the operation of the Potomac River generating station in order to ensure compliance with reliability standards for the central D.C. area. Additional documents and materials are available related to docket EO-05-01.
  • On September 14, 2008, in response to Hurricane Ike, a 202(c) emergency order was issued authorizing CenterPoint Energy to temporarily connect electricity lines to restore power to Entergy Gulf States, Inc., as well as electric cooperatives and municipal customers within the State of Texas.