Sec. 105. Deployment of grid enhancing assets
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Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is further amended by adding at the end the following: Not later than 18 months after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023 , the Commission shall issue regulations to require the following: With respect to processing a request from an interconnection customer to interconnect a generating facility or an energy storage project to a transmission facility or transmission system, the transmitting utility, as applicable, shall— consult with the relevant owner or operator of the transmission facility or transmission system, and the interconnection customer, regarding deploying grid enhancing assets at the transmission facility or transmission system in addition to, or as a substitute to, carrying out a transmission expansion or addition at the transmission facility or transmission system, including to maximize utilization of existing transmission facilities, environmental justice and resilience benefits for communities, and protection of wildlife; and study the efficacy of deploying grid enhancing assets to maximize the utilization of existing transmission facilities, environmental justice and resilience benefits for communities, and the protection of wildlife.
An interconnection customer that is consulted with under paragraph
(1)may request that the grid enhancing asset that was the subject of such consultation be deployed. The transmitting utility of the transmission facility or transmission system to which such grid enhancing asset would be deployed shall determine whether to deploy such grid enhancing asset. If the transmitting utility of the transmission facility or transmission system determines not to deploy such grid enhancing asset, the interconnection customer may appeal the determination under subparagraph (C). An interconnection customer that requests deployment of a grid enhancing asset under subparagraph
(A)may submit to the Commission a request to appeal a determination under subparagraph
(B)to not deploy the grid enhancing asset. Not later than 90 days after an interconnection customer submits a request under clause (i), the Commission shall determine whether to require the transmitting utility to deploy the grid enhancing asset that is the subject of the appeal. In making a determination under clause (ii), the Commission shall consider— the impact of the deployment of grid enhancing assets on the operational reliability of the transmission facility or transmission system; whether the grid enhancing asset is cost-competitive and capacity competitive with a transmission expansion or addition at the transmission facility or transmission system; and other factors determined appropriate by the Commission. The Commission shall require transmitting utilities to comply with the regulations issued under subsection
(a)not later than 180 days after such regulations have been finalized. In carrying out sections 205 and 206, the Commission shall allow costs associated with deploying grid enhancing assets to be allocated to customers that receive transmission benefits from such grid enhancing assets. .
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Sec. 105
Deployment of grid enhancing assets
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