Sec. 4302. Report by transmission organizations on diversity of supply
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In this section: The term electric generating capacity resource means an electric generating resource, as measured by the maximum load-carrying ability of the resource, exclusive of station use and planned, unplanned, or other outage or derating subject to dispatch by the transmission organization to meet the resource adequacy needs of the systems operated by the transmission organization. The term electric generating capacity resource does not address non-electric generating resources that are qualified as capacity resources in the tariffs of various transmission organizations as of the date of enactment of this Act.
The term transmission organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). Not later than 14 days after the date of enactment of this Act, the Commission (as the term is defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )) shall submit to each transmission organization that has a tariff on file with the Commission that includes provisions addressing the procurement of electric generating capacity resources, a notice that the transmission organization is required to file with the Commission a report in accordance with paragraph (2).
Not later than 180 days after the date on which a transmission organization receives a notice under paragraph (1), the transmission organization shall submit to the Commission a report that, to the maximum extent practicable— identifies electric generating capacity resources that are available to the transmission organization as of the date of the report; and describes the primary energy sources and operational characteristics of electric capacity resources available, in the aggregate, to the transmission organization; evaluates, using generally accepted metrics, the current operational performance, in the aggregate, of electric capacity resources; identifies, for the aggregate of electric generating capacity resources available to the transmission organization— over the short- and long-term periods in the planning cycle of the transmission organization, reasonable projections concerning the operational and economic risk profile of electric generating capacity resources; the projected future needs of the transmission organization for electric generating capacity resources; and the availability of transmission facilities and transmission support services necessary to provide for the transmission organization reasonable assurances of essential reliability services, including adequate voltage support; and assesses whether and to what extent the market rules of the transmission organization— yield capacity auction clearing prices that promote necessary and prudent investment; yield energy market clearing prices that reflect the marginal cost of supply, taking into account transmission constraints and other factors needed to ensure reliable grid operation; produce meaningful price signals that clearly indicate where new supply and investment are needed; reduce uncertainty or instability resulting from changes to market rules, processes, or protocols; promote transparency and communication by the market operator to market participants; support a diverse generation portfolio and the availability of transmission facilities and transmission support services on a short- and long-term basis necessary to provide reasonable assurances of a continuous supply of electricity for customers of the transmission organization at the proper voltage and frequency; and provide an enhanced opportunity for self-supply of electric generating capacity resources by electric cooperatives, Federal power marketing agencies, and State utilities with a service obligation (as those terms are defined in section 217(a)) of the Federal Power Act ( 16 U.S.C. 824q(a) )) in a manner that is consistent with traditional utility business models and does not unduly affect wholesale market prices.
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