Powering America for Tomorrow Act - Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to designate one or more regions within the Eastern Interconnection and the Western Interconnection to be represented by specified regional transmission planners.
Sets forth application and approval procedures for regional transmission planners.
Prescribes: (1) a regional transmission plan design, and (2) a regional transmission planning process.
Requires the federal power marketing administrations and transmitting utilities in a designated region to integrate their transmission plans with the regional transmission plans required under this Act, and to otherwise participate in a regional transmission planning process.
Directs FERC to require that: (1) all regional high voltage electric transmission cost allocation processes and methodologies adhere to a clear and consistent set of specified regulatory principles, and (2) regional transmission planners coordinate planning across regional boundaries within an Interconnection.
Authorizes a regional transmission planner, as part of a plan submitted to FERC, to identify regional transmission projects required by, and consistent with, the public convenience and necessity.
Directs FERC, in issuing a certificate of public convenience and necessity, to give substantial deference to any proposed finding of public convenience and necessity in the plan submitted by a regional transmission planner.
Excludes from review for any environmental assessment or environmental impact statement required under the National Environmental Policy Act of 1969 any proposed finding by a regional transmission planner of public convenience and necessity with respect to a regional transmission project.
Retains state exclusive authority over the siting of any transmission facility that is not a part of a regional transmission project.
Specifies federal siting authority with respect to any transmission facility identified as part or all of a regional transmission project for which a certificate of public convenience and necessity has been issued.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2762 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2762
To amend the Federal Power Act to establish a regional transmission
planning process, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2013
Mr. Sensenbrenner introduced the following bill; which was referred to
the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act to establish a regional transmission
planning process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Powering America for Tomorrow Act''.
SEC. 2. AMENDMENT OF THE FEDERAL POWER ACT.
Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended as
follows:
(1) By amending the section heading to read as follows:
``regional transmission plans for the interstate transmission
system''.
(2) By striking subsection (i) and redesignating
subsections (j) and (k) as subsections (k) and (l),
respectively.
(3) By redesignating subsections (d) through (h) as
subsections (f) through (j), respectively.
(4) By striking subsections (a), (b), and (c) and inserting
the following:
``(a) Purposes.--The purposes of this section are as follows:
``(1) To ensure electric reliability, fuel diversity, and
wholesale power price stability across the electric
transmission grid.
``(2) To reinforce, strengthen, and enhance electric
transmission infrastructure as an integrated network system.
``(3) To facilitate the development of clean energy
resources that cannot be located near an existing transmission
facility or load center.
``(4) To assist States and electric energy service
providers in meeting the requirements of applicable renewable
portfolio standards.
``(5) To take maximum advantage of smart grid technologies
to promote electric grid improvements, energy efficiency, and
demand response.
``(6) To coordinate regional planning and local siting of
interstate high-voltage electric transmission systems.
``(b) Definitions.--In this section:
``(1) The term `bulk-power system' has the meaning given
such term in section 215(a)(1).
``(2) The term `designated region' means a region
designated under subsection (c)(1).
``(3) The term `Electric Reliability Organization' has the
meaning given such term in section 215(a)(2).
``(4) The term `Interconnection' has the meaning given such
term in section 215(a)(5).
``(5) The term `regional entity' has the meaning given such
term in section 215(a)(7).
``(6) The term `regional transmission plan' means a
comprehensive plan required under subsection (c)(3) for the
development of the interstate electric transmission system in a
designated region.
``(7) The term `regional transmission planner' means a
person or entity approved under subsection (c)(2) to develop
and maintain a regional transmission plan required under this
section.
``(8) The term `regional transmission project' means an
overhead or underground transmission facility, consisting of
conductors or cables, towers, manhole duct systems, phase
shifting transformers, reactors, capacitors, substations, and
any ancillary facilities and equipment necessary for the proper
operation of the facility--
``(A) that--
``(i) operates at or above a voltage of--
``(I) 230 kilovolts alternating
current; or
``(II) 300 kilovolts direct
current;
``(ii) is a very high current conductor or
superconducting cable that operates at or above
a power equivalent to the power of a
conventional transmission cable operating at or
above 230 kilovolts alternating current or 300
kilovolts direct current; or
``(iii) is a renewable feeder line; and
``(B) that is included in a regional transmission
plan submitted to the Commission under subsection
(c)(3).
``(9) The term `renewable feeder line' means a transmission
line that--
``(A) operates at or above a voltage of 100
kilovolts; and
``(B) is identified in a regional transmission plan
submitted to the Commission under subsection (c)(3) as
a facility that is to be developed to facilitate
collection of electric energy produced by renewable
energy.
``(c) Regional Transmission Plans.--
``(1) Designation of regions.--Not later than 12 months
after the date of enactment of this subsection, the Commission,
in consultation with the Electric Reliability Organization,
regional entities, Transmission Organizations, transmission
owners, State regulatory authorities of the States comprising
the Eastern Interconnection, and State regulatory authorities
of the States comprising the Western Interconnection, shall
designate one or more regions within the Eastern
Interconnection and one or more regions within the Western
Interconnection, to be represented by regional transmission
planners approved under paragraph (2). In determining the
appropriate size and scope of a region, the Commission shall
consider the optimal scope needed to ensure comprehensive
regional transmission planning and operational efficiency, the
size and scope of existing Regional Transmission Organizations
and operating bulk-power systems, and methods for interregional
coordination agreements to ensure a sufficiently broad regional
transmission planning process.
``(2) Regional transmission planners.--
``(A) Application and approval.--Any person or
entity, including a Regional Transmission Organization
or other regionally based planning entity with an
established regional transmission planning process, as
determined by the Commission, may submit an application
to the Commission for approval as the regional
transmission planner for a designated region. Not later
than 18 months after the designation of a region under
paragraph (1), the Commission shall approve one such
regional transmission planner for each such designated
region to develop and maintain a regional transmission
plan required under this section.
``(B) Consideration.--In approving a regional
transmission planner under subparagraph (A), the
Commission shall consider the existing or reasonably
anticipated capabilities of any regionally based
planning entity described in such subparagraph in
regional transmission planning.
``(C) Contents of application.--An applicant entity
shall include in an application for approval as the
regional transmission planner for a designated region
the operating procedures of such applicant entity and
any method such applicant entity will use to adhere to
the requirements for a regional transmission planning
process described in paragraph (5).
``(D) Compliance.--The Commission may review the
compliance of a regional transmission planner approved
under subparagraph (A) with the requirements of this
section and any regulations thereunder. If the
Commission finds such a regional transmission planner
has failed or is failing to comply with such
requirements or regulations, the Commission may revoke
the approval of such regional transmission planner for
a designated region and accept applications for a new
regional transmission planner for such region to be
approved in accordance with this section.
``(3) Regional transmission plan required.--Not later than
2 years after the approval of a regional transmission planner
under paragraph (2), and every 2 years thereafter, such
regional transmission planner shall submit to the Commission an
initial or updated regional transmission plan that meets the
requirements of this section. The Commission shall ensure that
each such plan is the result of a planning process that adhered
to the requirements for a regional transmission planning
process described in paragraph (5). The Commission shall make
all regional transmission plans submitted available to the
public.
``(4) Regional transmission plan design.--A regional
transmission plan required under this section shall, with
respect to a designated region--
``(A) be designed to--
``(i) maintain and enhance the economic,
reliability, and energy security benefits of
the regional electric transmission system,
including remediation of electric grid
congestion; and
``(ii) anticipate and facilitate
development of electric energy generation from
diverse energy resources; and
``(B) consider whether proposals to expand and
upgrade high voltage electric transmission in the
designated region and across the boundaries of the
designated region will minimize congestion and promote
service reliability, market integration and efficiency,
economic development, deployment of smart grid
technologies, lowest cost delivered electric energy at
wholesale, and the goals of applicable renewable
portfolio standards.
``(5) Regional transmission planning process.--The
Commission shall ensure each regional transmission planning
process conducted by a regional transmission planner is
consistent with the purposes of this section. The Commission
shall ensure any such planning process--
``(A) is non-discriminatory, independent, and
conforms with the planning standards of Commission
Order No. 890 or any successor order;
``(B) solicits and considers the input of local and
State policymakers, transmission facility owners and
electric utilities, and market participants;
``(C) is sufficiently broad in geographic and
market scope to produce economic and operational
efficiencies;
``(D) is designed to meet the need for the timely
construction or modification of regional transmission
projects; and
``(E) takes into account--
``(i) all applicable laws and regulations
governing the procurement of electric energy
generation;
``(ii) the potential effect on the future
operation of the electric transmission system
or on the regional transmission plan of
rejection or withdrawal of a proposed regional
transmission project;
``(iii) the development of transmission
facilities for which a completed application
for authorization has been filed and accepted
by a State regulatory authority or other
applicable authority before the date of
submission of a regional transmission plan
under paragraph (3) but not originating from
the planning process;
``(iv) the availability of non-transmission
resources such as opportunities for energy
efficiency, demand response, enhancements to
economic dispatch, distributed generation, and
installation of new control, metering, or
capacity enhancement technologies; and
``(v) the development of the interstate
electric transmission system in the designated
region for the 10 years after submission of a
regional transmission plan under paragraph (3).
``(6) Transmitting utilities and power marketing
administrations.--Federal power marketing administrations and
transmitting utilities in a designated region shall integrate
their transmission plans with the regional transmission plans
required by this section and shall otherwise participate in a
regional transmission planning process by a regional
transmission planner in accordance with this section.
``(7) Commission activities.--If no regional transmission
planner for a designated region is approved under paragraph
(2), or in the event that an approved regional transmission
planner does not timely submit a regional transmission plan as
required under paragraph (3), the Commission shall designate a
planner or undertake the planning activities described in this
subsection for the designated region concerned and develop such
a plan for such designated region expeditiously, in
consultation with State regulatory authorities, as applicable,
for all affected States or areas, the Electric Reliability
Organization, regional entities, Transmission Organizations,
and transmission owners within the region, as appropriate.
``(8) Cost allocation.--Not later than 18 months after the
date of enactment of this paragraph, the Commission shall, by
rule, require that all regional high voltage electric
transmission cost allocation processes and methodologies adhere
to a clear and consistent set of regulatory principles,
including, as appropriate, that the costs of siting and the
construction or modification of transmission facilities shall
be allocated consistent with the range and distribution of
benefits within the designated region that are provided by such
facilities, the use of the transmission system, or with other
equitable and economic considerations. In issuing a rule under
this paragraph, the Commission shall consider regional cost
allocation processes and methodologies being developed or in
existence as of the date of enactment of this paragraph.
``(9) Plan coordination.--The Commission shall require
regional transmission planners to coordinate planning across
regional boundaries within an Interconnection in order to
achieve the purposes of this section.
``(d) Certificate of Public Convenience and Necessity.--
``(1) Proposed finding of public convenience and necessity
by regional transmission planner.--
``(A) Inclusion of proposed finding in regional
transmission plan.--As part of a regional transmission
plan submitted to the Commission under subsection
(c)(3), a regional transmission planner may identify a
regional transmission project or projects that such
regional transmission planner finds, based on the
record of the regional transmission planning process,
is required by, and consistent with, the public
convenience and necessity.
``(B) Public convenience and necessity certificate
request.--A regional transmission planner may submit to
the Commission a request to issue a certificate of
public convenience and necessity for a regional
transmission project identified in a regional
transmission plan submitted under subsection (c)(3).
Such request shall include a summary of the record
developed for such project during the regional
transmission planning process. The request shall be
based on whether such regional transmission project is
or will be--
``(i) necessary to ensure regional
compliance with reliability standards or remedy
violations of such reliability standards;
``(ii) necessary to provide significant
relief from electric transmission congestion as
measured by objective criteria, including
consideration of the total cost of congestion,
hours of congestion, and the lack of feasible
economic alternative means to relieve
congestion;
``(iii) important to the diversification of
energy supply throughout the designated region,
including by meeting the goals of applicable
renewable portfolio standards; or
``(iv) important to the development of
smart grid technology that is consistent with
the policy under title XIII of the Energy
Independence and Security Act of 2007 (42
U.S.C. 17381 et seq.).
``(2) Issuance of certificate of public convenience and
necessity.--The Commission may, after notice and opportunity
for hearing, find that a regional transmission project is in
the public convenience and necessity and issue a certificate of
public convenience and necessity for the ownership and
operation of such regional transmission project and the
provision of any related services under the jurisdiction of the
Commission if the Commission finds that--
``(A) a regional transmission planner included a
proposed finding of public convenience and necessity
for such proposed regional transmission project in one
or more relevant regional transmission plans submitted
to the Commission under subsection (c)(3);
``(B) a regional transmission planner submitted a
request for the issuance of such a certificate;
``(C) the proposed regional transmission project
will be used for the transmission of electric energy in
interstate commerce;
``(D) the proposed regional transmission project is
consistent with the public interest in terms of its
engineering, reliability, and other economic
characteristics and the purposes of this section; and
``(E) the proposed regional transmission project
will maximize, to the extent reasonable and economical,
existing rights-of-way and the transmission
capabilities of existing towers and structures.
``(3) Considerations.--In issuing a certificate of public
convenience and necessity under this subsection, the Commission
shall give substantial deference to any proposed finding of
public convenience and necessity by a regional transmission
planner in a regional transmission plan submitted under
subsection (c)(3).
``(4) Multiple projects.--The Commission may treat multiple
proposed regional transmission projects in any regional
transmission plan as separate for purposes of determining
whether a certificate of public convenience and necessity
should be issued under this subsection.
``(5) Certificate applications.--The Commission shall issue
rules specifying--
``(A) the form of the application for a certificate
of public convenience and necessity under this
subsection; and
``(B) the information to be contained in such
application.
``(6) Environmental review.--
``(A) Proposed finding by regional transmission
planner.--A proposed finding by a regional transmission
planner of public convenience and necessity regarding a
regional transmission project is excluded from review
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), provided an environmental
assessment or environmental impact statement is
required to be prepared by the Commission under such
Act.
``(B) Consideration by commission.--In determining
whether a certificate of public convenience and
necessity should be issued under this subsection, the
Commission may consider, wholly or in part, any draft
environmental analysis conducted by a regional
transmission planner or relevant transmission provider
and issued by the regional transmission planner.
``(e) Siting Authority.--
``(1) Exclusive state siting authority.--A State shall
retain exclusive authority over the siting of any transmission
facility that is not a part of a regional transmission project
for which a certificate of public convenience and necessity has
been issued under subsection (d)(2).
``(2) Federal siting authority.--The Commission may, after
notice and an opportunity for hearing, issue one or more
permits for the construction or modification of a transmission
facility if the Commission finds that--
``(A) the transmission facility was identified as
part or all of a regional transmission project for
which a certificate of public convenience and necessity
has been issued under subsection (d)(2);
``(B) at least one State in the designated region
for which such regional transmission project is
identified has approved the siting of such transmission
facility; and
``(C)(i) a State in which such transmission
facility is to be sited does not have authority to--
``(I) approve the siting of the facility;
or
``(II) consider the interstate benefits
expected to be achieved by the proposed siting
of the transmission facility in the State;
``(ii) the applicant for a permit is a transmitting
utility but does not qualify to apply for a permit for
such transmission facility in a State in which such
transmission facility is to be sited because the
applicant does not serve end-use customers in the
State; or
``(iii) a State commission or other entity that has
authority to approve the siting of such transmission
facility--
``(I) did not issue a decision on an
application seeking approval for the siting of
the facility within 1 year after the date on
which the applicant submitted a completed
application to the State commission or other
authority;
``(II) denied a complete application
seeking approval for the siting of the
transmission facility without proposing an
alternate site; or
``(III) authorized the siting of the
facility subject to conditions that
unreasonably interfere with the siting of the
transmission facility.''.
(5) In subsection (f), as redesignated by paragraph (3), by
striking ``subsection (b)'' and inserting ``subsection (e)''.
(6) In subsection (g), as redesignated by paragraph (3), by
striking ``subsection (b)'' and inserting ``subsection (e)''.
(7) In subsection (h), as redesignated by paragraph (3), by
striking ``subsection (e)'' and inserting ``subsection (g)''.
(8) In subsection (k)(2), as redesignated by paragraph (2),
by striking ``Subsection (h)(6)'' and inserting ``Subsection
(j)(6)''.
(9) By amending subsection (l), as redesignated by
paragraph (2), to read as follows:
``(l) Applicability.--This section applies only to States located
in the Western Interconnection and States located in the Eastern
Interconnection and does not apply to the States of Alaska or Hawaii,
or to areas under the authority of the Electric Reliability Council of
Texas.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line