“To amend the Federal Power Act to streamline the siting of certain transmission facilities in the national interest.”
No CRS summary available for this bill.
This section revises Section 216 of the Federal Power Act governing Federal Energy Regulatory Commission (FERC) permitting for construction or modification of high-voltage electric transmission facilities (generally those at 100 kilovolts or higher, or lower for advanced conductors) as follows: (1) replaces subsection (a) with definitions of key terms, including "improved reliability" (i.e., material reliability benefits such as reduced unserved energy or loss of load probability, as defined by the Electric Reliability Organization), "landowner input" (i.e., input from affected landowners like farmers and ranchers obtained through Commission notification and consultation), and others (thus eliminating the Department of Energy's prior process for designating national interest electric transmission corridors every three years); (2) amends subsection (b) to require FERC—after notice, hearing, and a public comment period of at least 60 days—to issue permits for facilities necessary in the national interest if FERC finds that (A) a state has denied or failed to act on a siting application as of the application's filing date with the state (shortening the prior period of one year or six months after a federal coordinator's recommendation), (B) the facilities will transmit electric energy in interstate or foreign commerce, (C) the project is consistent with the public interest, (D) it will significantly reduce transmission congestion, protect or benefit consumers, and provide improved reliability, (E) it is consistent with sound national energy policy and enhances energy independence, (F) the facilities meet voltage requirements, and (G) for modifications (including reconductoring), they maximize transmission capacity of existing towers, structures, or rights-of-way using reasonable and economical means (replacing prior paragraphs (2) through (6)); (3) replaces subsection (d) to preserve state siting authority except as provided under revised subsection (b)(1), require consultation with states, federal agencies, Indian Tribes, private property owners, and other interested persons on facility need and impacts, and direct FERC to consider landowner input; (4) amends subsection (e)(3) to require rights-of-way acquisitions to conform to Federal Rules of Civil Procedure rule 71.1; and (5) replaces subsection (f) to require transmitting utilities with Commission-approved facilities to file tariffs or revisions under FERC section 205 allocating costs of new or modified facilities on a just-and-reasonable basis to customers that benefit from the facilities' transmission service.