DOE's Use of Federal Power Act Emergency Authority

Under Federal Power Act (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).

All public comments and requests related to FPA section 202(c) should be sent via email to AskCR@hq.doe.gov. Information that the sender deems sensitive and not eligible for public release should be marked accordingly, and both a public (redacted) and non-public version of such materials should be submitted. Additional information about 202(c) procedures, if necessary, will be announced on this page.

The provision of this process for submission of correspondence or comments on any pending application is for purposes of ensuring the receipt by the appropriate office and personnel within the Department. Establishment of this email address does not establish a “docket,” and those submitting correspondence do not constitute parties or intervenors to any proceeding. Further, submission of correspondence to the Department does not in any way limit or prevent the ability of the Secretary to act on any application, or pursuant to section 202(c) without application, in any way and at any time as he or she deems appropriate.

202(c) Orders Issued to Date

Numbering Scheme Information

Beginning in 2022, the Department modified the numbering scheme associated with its section 202(c) emergency orders. Prior to 2022, emergency orders followed a fiscal year timeline, whereas since the beginning of 2022, emergency orders have aligned with the calendar year.  For example, a 202(c) emergency order issued in November 2017 is identified as Order No. 202-18-1 and an order issued in December 2022 is identified as Order No. 202-22-3.