Sec. 401. Transmission permitting

1,510 words·~7 min read·/bill/118/s/4753/is/section-401

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

(a)and inserting the following: In this section: The term Commission means the Federal Energy Regulatory Commission. The term improved reliability has the meaning given the term in section 225(a). The term Secretary means the Secretary of Energy. The term transmission planning region has the meaning given the term in section 225(a). . Section 216(b) of the Federal Power Act ( 16 U.S.C. 824p(b) ) is amended— in the matter preceding paragraph (1), by striking Except and all that follows through finds that and inserting Except as provided in subsections (d)(1) and (i), the Commission may, after notice and an opportunity for hearing, issue one or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the Commission finds that ; in paragraph (1)— in subparagraph (A)(i), by inserting or modification after siting ; and in subparagraph (C)— in the matter preceding clause (i), by inserting or modification after siting ; and in clause (i), by striking the later of in the matter preceding subclause

(I)and all that follows through the semicolon at the end of subclause

(II)and inserting the date on which the application was filed with the State commission or other entity; ; and by striking paragraphs

(2)through

(6)and inserting the following: 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, protect or benefit consumers, and provide improved reliability; the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence; the electric transmission facilities are capable of transmitting electric energy at a voltage of not less than 100 kilovolts or, in the case of facilities that include advanced transmission conductors (including superconductors), as defined by the Commission, voltages determined to be appropriate by the Commission; and the proposed modification (including reconductoring) will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers, structures, or rights-of-way. . 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)(3) of the Federal Power Act ( 16 U.S.C. 824p(e)(3) ) is amended by striking shall conform and all that follows through the period at the end and inserting shall be in accordance with rule 71.1 of the Federal Rules of Civil Procedure. . 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

(6)and, if applicable,

(7)of subsection

(b)shall file a tariff or tariff revision with the Commission pursuant to section 205 and the regulations of the Commission allocating the costs of the new or modified transmission facilities. The Commission shall require that tariffs or tariff revisions filed under this subsection are just and reasonable and allocate the costs of providing service to customers that benefit, in accordance with the cost-causation principle, including through— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. Customers that receive no benefit, or benefits that are trivial in relation to the costs sought to be allocated, from electric transmission facilities constructed or modified under this section shall not be involuntarily allocated any of the costs of those transmission facilities. . If the Federal Energy Regulatory Commission finds that the considerations under paragraphs

(2)through

(6)and, if applicable,

(7)of subsection

(b)of section 216 of the Federal Power Act ( 16 U.S.C. 824p ) (as amended by subsection (b)) 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 section 225; 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 Energy Permitting Reform Act of 2024 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 . Energy Permitting Reform Act of 2024 Section 216(i) of the Federal Power Act ( 16 U.S.C. 824p(i) ) is amended— in paragraph (3), by striking , including facilities in national interest electric transmission corridors ; and in paragraph (4)— in subparagraph (A), by striking ; and and inserting a period; by striking subparagraph (B); and by striking in disagreement in the matter preceding subparagraph

(A)and all that follows through

(A)the in subparagraph

(A)and inserting unable to reach an agreement on an application seeking approval by the . 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 or 225. . Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection

(k)and inserting the following: This section shall not apply within the area referred to in section 212(k)(2)(A). For the purposes of this section, the Commission shall have jurisdiction over all transmitting utilities, including transmitting utilities described in section 201(f), but excluding any ERCOT utility (as defined in section 212(k)(2)(B)). . 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 under section 216(a) of the Federal Power Act ( and inserting 16 U.S.C. 824p(a) ) facilities in a geographic area identified under section 224 of the Federal Power Act . Section 1222 of the Energy Policy Act of 2005 ( 42 U.S.C. 16421 ) is amended— in subsection (a)(1)(A), by striking in a national interest electric transmission corridor designated under section 216(a) and inserting in a geographic area identified under section 224 ; and in subsection (b)(1)(A), by striking in an area designated under section 216(a) and inserting in a geographic area identified under section 224 . Section 40106(h)(1)(A) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18713(h)(1)(A) ) is amended by striking in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act and inserting 16 U.S.C. 824p(a) in a geographic area identified under section 224 of the Federal Power Act . Nothing in this section or an amendment made by this section grants authority to the Federal Energy Regulatory Commission under the Federal Power Act ( 16 U.S.C. 791a et seq. ) over sales of electric energy at retail or the local distribution of electricity.

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