U.S. House Energy Democrats Release Draft Language For CLEAN Future Act -- Customer "Right" To Clean Energy In Interstate Commerce

U.S. House of Representatives Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) released legislative text of the draft Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act

As first reported by EnergyChoiceMatters.com, a prior framework for the Act had stated that the Act, "provides for retail choice of clean energy."

A cursory reading of the bill appears to implement such policy via the following:

RIGHT TO CLEAN ENERGY.-Notwithstanding section 212(h) of the Federal Power Act, no State may establish or enforce any law or regulation that prohibits or unreasonably burdens the purchase of clean electricity in interstate commerce by an ultimate consumer. Nothing in this subsection may be construed to affect any contract in effect on the date of enactment of this section

What this means for a customer's ability to procure clean energy from competitive suppliers, and be served by a competitive LSE, hinges on interpretation of the phrase "unreasonably burdens"

The act would also amend the FPA to provide that FERC shall require each public utility to place its transmission facilities under the control of an ISO or an RTO not later than two years after the date of enactment of the CLEAN Future Act.

The act would also require retail electricity suppliers to provide an increasing percentage of clean electricity each year starting in 2022, rising to 100 percent in 2050.