S.Amdt. 1437

SA 1437. Mr. BOOKER (for himself, Mr. Whitehouse, Mr. Casey, and Mr.
Van Hollen) submitted an amendment intended to be proposed to amendment
SA 1407 submitted by Ms. Murkowski and intended to be proposed to the
bill S. 2657, to support innovation in advanced geothermal research and
development, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of title II, add the following:

Subtitle D--Federal Energy Regulatory Commission

SEC. 24__. RATES.

Section 205 of the Federal Power Act (16 U.S.C. 824d) is
amended by adding at the end the following:
``(h) State Environmental Policies.--
``(1) Definition of covered state public policy resource.--
In this subsection, the term `covered State public policy
resource' means a resource that is procured through, or
supported by, State environmental policies.
``(2) Rate approval and determinations.--The Commission
shall not approve a rate under this part or otherwise
determine that a rate is just and reasonable or is not unduly
discriminatory or preferential if, through the adoption of a
minimum offer price rule or other market mechanism requiring
a covered State public policy resource to bid into a market
or auction at an amount above the actual going forward costs
of the resource, the rate prevents a covered State public
policy resource from being able to clear in a capacity
auction or an energy market auction.''.
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