Sec. 201. Transmission
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/bill/118/s/1399/is/section-201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection
(b)and inserting the following: Except as provided in subsections (d)(1) and (i), the Commission may, after notice and an opportunity for hearing, issue 1 or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the Commission finds that— a State in which the transmission facilities are to be constructed or modified does not have authority to— approve the siting of the facilities; or consider the interstate benefits or interregional benefits expected to be achieved by the proposed construction or modification of transmission facilities in the State; the applicant for a permit is a transmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end-use customers in the State; or a State commission or other entity that has authority to approve the siting of the facilities— has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the date on which the application was filed with the State commission or other entity; has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or has denied an application seeking approval pursuant to applicable law; the proposed facilities will be used for the transmission of electric energy in interstate (including transmission from the outer Continental Shelf to a State) or foreign commerce; the proposed construction or modification is consistent with the public interest; the proposed construction or modification will— significantly reduce transmission congestion in interstate commerce; and protect or benefit consumers; the proposed construction or modification— is consistent with sound national energy policy; and will enhance energy independence; and the proposed modification will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers or structures. . Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection
(d)and inserting the following: The Commission shall have no authority to issue a permit under subsection
(b)for the construction or modification of an electric transmission facility within a State except as provided in paragraph
(1)of that subsection. In any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian Tribe, private property owners, and other interested persons a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. . Section 216(e) of the Federal Power Act ( 16 U.S.C. 824p(e) ) is amended— in paragraph (1), by striking or a State ; and by adding at the end the following: Compensation for property taken under this subsection shall be determined and awarded by the district court of the United States in accordance with section 3114(c) of title 40, United States Code. . Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection
(f)and inserting the following: For the purposes of this section, any transmitting utility that owns, controls, or operates electric transmission facilities that the Commission finds to be consistent with the findings under paragraphs
(2)through
(5)and, if applicable,
(6)of subsection
(b)shall file a tariff with the Commission in accordance with section 205 and the regulations of the Commission allocating the costs of the new or modified transmission facilities. The Commission shall require that tariffs filed under this subsection fairly reflect and allocate the costs of providing service to each class of customers, including improved reliability, reduced congestion, reduced power losses, greater carrying capacity, reduced operating reserve requirements, and improved access to generation, in accordance with cost allocation principles of the Commission. The cost of electric transmission facilities described in paragraph
(1)shall be allocated to customers within the transmission planning region or regions that benefit from the facilities in a manner that is at least roughly commensurate with the estimated benefits described in paragraph (2). . If the Federal Energy Regulatory Commission finds that the considerations under paragraphs
(2)through
(5)and, if applicable,
(6)of subsection
(b)of section 216 of the Federal Power Act ( 16 U.S.C. 824p ) (as amended by subsection (a)) are met, nothing in this section or the amendments made by this section shall be construed to exclude transmission facilities located on the outer Continental Shelf from being eligible for cost allocation established under subsection (f)(1) of that section (as amended by paragraph (1)). Section 216(h) of the Federal Power Act ( 16 U.S.C. 824p(h) ) is amended— in paragraph (2), by striking the period at the end and inserting the following: “, except that— the Commission shall act as the lead agency in the case of facilities permitted under subsection (b); and the Department of the Interior shall act as the lead agency in the case of facilities located on a lease, easement, or right-of-way granted by the Secretary of the Interior under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1)(C) ). ; in each of paragraphs (3), (4)(B), (4)(C), (5)(B), (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking Secretary each place it appears and inserting lead agency ; in paragraph (4)(A), by striking As head of the lead agency, the Secretary and inserting The lead agency ; in paragraph (5)(A), by striking As lead agency head, the Secretary and inserting The lead agency ; and in paragraph (7)— in subparagraph (A), by striking 18 months after the date of enactment of this section and inserting 18 months after the date of enactment of the ; and Building American Energy Security Act of 2023 in subparagraph (B)(i), by striking 1 year after the date of enactment of this section and inserting 18 months after the date of enactment of the . Building American Energy Security Act of 2023 Section 216(i)(4) of the Federal Power Act ( 16 U.S.C. 824p(i)(4) ) is amended by striking in disagreement in the matter preceding subparagraph
(A)and all that follows through the period at the end of subparagraph
(B)and inserting unable to reach an agreement on an application seeking approval by the date that is 1 year after the date on which the application for the facility was filed. . Section 219(b)(4) of the Federal Power Act ( 16 U.S.C. 824s(b)(4) ) is amended— in subparagraph (A), by striking and after the semicolon at the end; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section 216. . Section 50151(b) of Public Law 117–169 ( 42 U.S.C. 18715(b) ) is amended by striking facilities designated by the Secretary to be necessary in the national interest and inserting facilities in national interest electric transmission corridors designated by the Secretary .
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