Federal Energy Regulatory Commission

“ The answer to this conundrum is that unlike Part II of Title II of the Public Utility Act of 1935, under which the Commission regulates various aspects of the sale and transmission of energy in interstate commerce, Part I, the original Federal Water Power Act, is concerned with the utilization of water resources and particularly the power potential in water. In relation to this central concern of the Act, [29] the distinction between a hydroelectric project and a steam plant is obvious, and meaningful, although both produce energy for interstate transmission. ”

“ Each agency using petroleum products for facilities operations or building purposes shall seek to minimize such use through switching to an alternative energy source if it is estimated to minimize life cycle costs and which will not violate Federal, State, or local clean air standards. ”

“ The committee will provide input on Federal energy management, including how to improve use of Energy-Savings Performance Contracts and utility energy-efficiency service contracts, improve procurement of ENERGY STAR (copyright) and other energy efficient products, improve building design, reduce process energy use, and enhance applications of efficient and renewable energy technologies at Federal facilities. ”

“ Through life-cycle cost-effective energy measures, each agency shall reduce its greenhouse gas emissions attributed to facility energy use by 30 percent by 2010 compared to such emissions levels in 1990. ”

“ With more than 500,000 buildings, the Federal Government can lead the Nation in energy efficient building design, construction, and operation. As a major consumer that spends $200 billion annually on products and services, the Federal Government can promote energy efficiency, water conservation, and the use of renewable energy products, and help foster markets for emerging technologies. In encouraging effective energy management in the Federal Government, this order builds on work begun under EPACT and previous Executive orders. ”

“ As used in this order:
(a) “absolute greenhouse gas emissions” means total greenhouse gas emissions without normalization for activity levels and includes any allowable consideration of sequestration; (b) “agency” means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office; (c) “alternative energy” means energy generated from technologies and approaches that advance renewable heat sources, including biomass, solar thermal, geothermal, waste heat, and renewable combined heat and power processes; combined heat and power ”

“ Each agency’s implementation program shall be designed to speed the introduction of cost-effective, energy-efficient technologies into Federal facilities, and to meet the goals and requirements of the Act and this order.
(b) Each agency shall develop and implement a program for its industrial facilities in the aggregate with the intent of increasing energy efficiency by at least 20 percent by the year 2005 as compared to the 1990 benchmark, to the extent these measures are cost-effective, and shall implement all cost-effective water conservation projects. ”

“ Source Energy. The Federal Government shall strive to reduce total energy use and associated greenhouse gas and other air emissions, as measured at the source. To that end, agencies shall undertake life-cycle cost-effective projects in which source energy decreases, even if site energy use increases. ”

“ In order to create a clean energy economy that will increase our Nation’s prosperity, promote energy security, protect the interests of taxpayers, and safeguard the health of our environment, the Federal Government must lead by example. It is therefore the policy of the United States that Federal agencies shall increase energy efficiency ”

“ Any power grid enterprise violating Article 14 of this Law by failing to purchase the quantity of the electricity generated by using regenerable energy resources as required and thus causing economic losses to the relevant enterprise which uses regenerable energy resources to generate electricity shall be liable for such losses and be ordered by the State Electricity Regulatory Commission to make corrections within a specified time limit and, if it refuses to make corrections as required, be given a fine not exceeding the amount of the losses suffered by the relevant power enterprise. ”

“ But, clearly, there is a national need to make certain the energy that is produced in one region of the country is able to be received in a different region of the country, so that people can fire up their heaters, can turn on their air-conditioners, can turn on their lights. It does seem a little inconsistent, under current law, that the law allows for a federal role in natural gas pipelines, but no such role exists in electricity transmission. The energy problem is a problem of infrastructure, in addition to supply, in addition to conservation. ”

“ Within 180 days of the date of this order, the Administrator of General Services shall:
(1) contact each utility that has an area-wide contract with GSA to determine which of those utilities will perform ‘‘no-cost’’ audits for energy efficiency and water conservation and potential solar and other renewable energy sources that comply with Federal life cycle costing procedures set forth in Subpart A, 10 CFR 436 ”

“ Based on this review, each agency should adopt policies and pursue projects that increase the use of such electricity. Agencies should include provisions for the purchase of electricity from renewable energy sources as a component of their requests for bids whenever procuring electricity. ”

“ Federal leadership in energy, environmental water, fleet, buildings, and acquisition management will continue to drive national greenhouse gas reductions and support preparations for the impacts of climate change. Through a combination of more efficient Federal operations such as those outlined in this Executive Order (order) , we have the opportunity to reduce agency direct greenhouse gas emissions by at least 40 percent over the next decade while at the same time fostering innovation, reducing spending, and strengthening the communities in which our Federal facilities operate. ”

“ All agencies shall develop and implement programs to reduce the use of petroleum in their buildings and facilities by switching to a less-polluting and nonpetroleum-based energy source, such as natural gas or solar and other renewable energy sources. Where alternative fuels are not practical or cost-effective, agencies shall strive to improve the efficiency with which they use the petroleum. ”

“ I can well understand the zeal of the Federal Power Commission to expand its control over the natural gas industry. It sprawls over many states and each system must be physically integrated from the depths of the wells to the consumer's burner tips. Its regulation cannot be uniform if the Federal Commission controls only a middle segment, with production on one end and distribution on the other committed to the control of different states. But that was as far as Congress was willing to supersede state authority. ”

“ In implementing the policy set forth in section 1 of this order, the head of each agency shall: (a) improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of energy intensity by (i) 3 percent annually through the end of fiscal year 2015, or (ii) 30 percent by the end of fiscal year 2015, relative to the baseline of the agency's energy use in fiscal year 2003 ”

“ Sec. 8.⁠ Energy Efficiency Requirements for Newly Constructed Federal Buildings.
Each agency responsible for the construction of a new Federal building shall ensure that the building is designed and constructed to comply with the energy performance standards applicable to Federal residential and commercial buildings as set forth in 10 CFR Part 435. Each agency shall establish certification procedures to implement this requirement.
Sec. 9.⁠ Vehicle Fuel Efficiency Outreach Programs. ”

“ Pursuing clean sources of energy will improve energy and water security, while ensuring that Federal facilities will continue to meet mission requirements and lead by example. Employing this strategy for the next decade calls for expanded and updated Federal environmental performance goals with a clear overarching objective of reducing greenhouse gas emissions across Federal operations and the Federal supply chain. ”

“ Given the above analysis, the Commission believes that energy efficiency should be the cutting edge of national energy policies for sustainable development. Impressive gains in energy efficiency have been made since the first oil price shock in the 1970s. During the past 13 years, many industrial countries saw the energy content of growth fall significantly as a result of increases in energy efficiency averaging 1.7 per cent annually between 1973 and 1983. [70] And this energy efficiency solution costs less, by savings made on the extra primary supplies required to run traditional equipment. ”

“ The General Services Administration or the Defense Logistics Agency shall supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer's functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account. ”

“ The Federal Government has limited but important authorities to overcome these barriers, and our efforts to support investment in industrial energy efficiency and CHP should involve coordinated engagement with a broad set of stakeholders, including States, manufacturers, utilities, and others. By working with all stakeholders to address these barriers, we have an opportunity to save industrial users tens of billions of dollars in energy costs over the next decade. ”

“ To further encourage a market for highly-energy-efficient products, each agency shall increase, to the extent practicable and cost-effective, purchases of products that are in the upper 25 percent of energy efficiency for all similar products, or products that are at least 10 percent more efficient than the minimum level that meets Federal standards. ”

“ Authorization of Appropriations— There is authorized to be appropriated to carry out this section $200,000,000, to remain available until expended. SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. (a) Duty of Secretary of Energy— The Secretary of Energy, in consultation with the Administrator of each Federal Power Marketing Administration, shall assess each effect of, and risk resulting from, global climate change with respect to water supplies that are required for the generation of hydroelectric power at each Federal water project that is applicable to a Federal Power Marketing Administration. ”

“ It will improve the legal framework regarding energy conservation, and strengthen energy-conservation management by law. It will improve the overall quality of energy-conservation managerial personnel, and step up efforts in law enforcement, supervision and examination. ”

“ Outdated Federal guidance and regulations regarding section 401 of the Clean Water Act, however, are causing confusion and uncertainty and are hindering the development of energy infrastructure.
(a) The Administrator of the Environmental Protection Agency (EPA) shall consult with States, tribes, and relevant executive departments and agencies (agencies) in reviewing section 401 of the Clean Water Act and EPA’s related regulations and guidance to determine whether any provisions thereof should be clarified to be consistent with the policies described in section 2 of this order. ”

“ In some countries a relaxation of this control, requiring utilities to accept power generated by industry, small systems, and individuals, has created opportunities for the development of renewables. Beyond that, requiring utilities to adopt an end-use approach in planning, financing, developing, and marketing energy can open the door to a wide range of energy-saving measures as well as renewables. ”

“ Consistent with the Executive Order of January 25, 2021, entitled, “Ensuring the Future Is Made in All of America by All of America’s Workers,” agencies shall adhere to the requirements of the Made in America Laws in making clean energy, energy efficiency, and clean energy procurement decisions. ”

“ Invites the Commission, in the light of the fact that much, if not most, of the EU's energy infrastructure is due for replacement over the next decades, to bring forward proposals to ensure that all investments in energy infrastructure within the EU apply the best available technologies in terms of low- to zero-fossil fuel emissions ”

“ IN GENERAL— Each Federal agency shall designate an energy manager responsible for implementing this subsection and reducing energy use at each facility that meets criteria under subparagraph (B) . ` (B) COVERED FACILITIES— The Secretary shall develop criteria, after consultation with affected agencies, energy efficiency advocates, and energy and utility service providers, that cover, at a minimum, Federal facilities, including central utility plants and distribution systems and other energy intensive operations, that constitute at least 75 percent of facility energy use at each agency. ”