H.R. 6336 — Fair Allocation of Interstate Rates Act

This section prohibits a transmission provider serving consumers in two or more states from allocating costs of a covered transmission facility—i.e., any interstate electric transmission facility planned, constructed, or operated in whole or in part to implement a covered policy (i.e., a state or local policy)—to out-of-state consumers if that state's policy is the basis for the facility. (Thus, under presumptions that benefits accrue solely to in-state cost causers, only in-state consumers are cost causers.) An exception applies if the consumer's state or a designated public official expressly consents to the allocation. The Federal Energy Regulatory Commission must issue implementing regulations within six months of enactment.