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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5405 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5405

 To amend the Federal Power Act to establish an Office of Transmission 
  in the Federal Energy Regulatory Commission, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2024

Mr. Markey (for himself, Mr. Van Hollen, and Mr. Welch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Power Act to establish an Office of Transmission 
  in the Federal Energy Regulatory Commission, 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 ``Office of Transmission Act of 
2024''.

SEC. 2. OFFICE OF TRANSMISSION.

    Part III of the Federal Power Act is amended by inserting after 
section 317 (16 U.S.C. 825p) the following:

``SEC. 318. OFFICE OF TRANSMISSION.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) Director.--The term `Director' means the Director of 
        the Office described in subsection (c).
            ``(3) Distributed renewable energy resource.--The term 
        `distributed renewable energy resource' means any non-bulk, 
        renewable energy system resource, including--
                    ``(A) small-scale solar, wind, geothermal, or 
                energy storage projects connected at the distribution 
                level and serving on-site energy demand;
                    ``(B) community-based solar or energy storage 
                projects located in or very near the customers served 
                by the projects; and
                    ``(C) microgrids or generators powered by renewable 
                energy.
            ``(4) Energy burden.--The term `energy burden' has the 
        meaning given the term in section 2603 of the Low-Income Home 
        Energy Assistance Act of 1981 (42 U.S.C. 8622).
            ``(5) Interregional transmission facility.--The term 
        `interregional transmission facility' means a transmission 
        facility that--
                    ``(A) is located within 2 or more neighboring 
                Transmission Planning Regions; and
                    ``(B) significantly impacts the ability of 1 or 
                more Transmission Planning Regions to transmit electric 
                energy among neighboring Transmission Planning Regions.
            ``(6) Office.--The term `Office' means the Office of 
        Transmission established under subsection (b).
            ``(7) Public interest stakeholder.--The term `public 
        interest stakeholder' means an individual or entity impacted by 
        the electric grid or working to improve transmission planning 
        and outcomes with respect to reducing consumer costs, improving 
        reliability and resilience, advancing clean energy, reducing 
        energy burden, creating and retaining good-paying union jobs, 
        reducing local pollution, or reducing greenhouse gas emissions, 
        including--
                    ``(A) a resident;
                    ``(B) a worker;
                    ``(C) a labor union;
                    ``(D) a consumer advocacy organization; or
                    ``(E) a nonprofit organization representing 
                residents or workers.
            ``(8) Transmission Planning Region.--The term `Transmission 
        Planning Region'--
                    ``(A) when used in a geographical sense, means a 
                region for which the Commission determines that 
                electric transmission planning is appropriate, such as 
                a region established in accordance with Order No. 1000 
                of the Commission, entitled `Transmission Planning and 
                Cost Allocation by Transmission Owning and Operating 
                Public Utilities' (76 Fed. Reg. 49842 (August 11, 
                2011)); and
                    ``(B) when used in a corporate sense, means the 
                Transmission Organization or other entity responsible 
                for planning or operating electric transmission 
                facilities within a region described in subparagraph 
                (A).
    ``(b) Establishment.--
            ``(1) In general.--There shall be established in the 
        Commission an office, to be known as the `Office of 
        Transmission'.
            ``(2) Requirement.--The Office shall be established not 
        later than 1 year after the date of enactment of the Office of 
        Transmission Act of 2024.
    ``(c) Director.--The Office shall be administered by a Director, 
who shall be appointed by the Chairman of the Commission.
    ``(d) Duties.--The Office shall--
            ``(1) provide independent review and oversight of 
        transmission planning and operation at each Transmission 
        Planning Region subject to the jurisdiction of the Commission 
        to ensure robust, forward-looking, and transparent planning, 
        including by--
                    ``(A) reviewing--
                            ``(i) inputs, assumptions, and modeling 
                        relevant to transmission planning and 
                        operation;
                            ``(ii) regional, interregional, and local 
                        transmission plans and planning processes, 
                        including asset condition projects;
                            ``(iii) the consistency of transmission 
                        plans with local, State, Federal, and Tribal 
                        public policies;
                            ``(iv) transmission outcomes, as compared 
                        to--
                                    ``(I) the plans reviewed and any 
                                findings made under clause (ii); and
                                    ``(II) any findings made under 
                                subparagraph (B)(ii); and
                            ``(v) stakeholder engagement;
                    ``(B) identifying inefficiencies in transmission 
                planning and outcomes, including inefficiencies that--
                            ``(i) may lead to--
                                    ``(I) unjust and unreasonable 
                                rates;
                                    ``(II) undue discrimination;
                                    ``(III) delaying or preventing the 
                                integration of new renewable energy;
                                    ``(IV) undue burdens on households 
                                with a high energy burden;
                                    ``(V) undue burdens on sensitive 
                                environmental areas and cultural 
                                heritage sites; or
                                    ``(VI) reliability concerns, 
                                including the ability to maintain 
                                functionality during extreme weather 
                                and wildfire scenarios, in coordination 
                                with the Electric Reliability 
                                Organization (as defined in section 
                                215(a)); and
                            ``(ii) could be addressed by--
                                    ``(I) updated, best-available, and 
                                science-based data, including on cost 
                                and reliability;
                                    ``(II) forward-looking transmission 
                                and interconnection planning;
                                    ``(III) advanced transmission 
                                technologies (as defined in section 
                                1223(a) of the Energy Policy Act of 
                                2005 (42 U.S.C. 16422(a)));
                                    ``(IV) transmission facilities, 
                                including regional and interregional 
                                transmission facilities;
                                    ``(V) distributed renewable energy 
                                resources;
                                    ``(VI) weatherization and energy 
                                efficiency;
                                    ``(VII) demand-response 
                                technologies; or
                                    ``(VIII) other process and market 
                                enhancements, including those based on 
                                practices from other Transmission 
                                Planning Regions; and
                    ``(C) tracking estimated and actual project costs 
                and verifying benefits and commitments derived from--
                            ``(i) any competitive solicitation process; 
                        or
                            ``(ii) capital investments that 
                        transmission owners propose for existing assets 
                        identified as being at the end of their useful 
                        lives or needing replacement due to damage;
            ``(2) provide technical assistance to Transmission Planning 
        Regions to improve transmission planning, outcomes, and rates 
        prior to publication or filing with the Commission, including 
        by supporting coordination and joint planning among neighboring 
        Transmission Planning Regions on interregional transmission 
        facilities; and
            ``(3) for each Transmission Planning Region, compose and 
        present a public annual report that includes--
                    ``(A) information on the performance of the 
                planning process;
                    ``(B) any planning deficiencies or inefficiencies 
                identified;
                    ``(C) comparisons to other Transmission Planning 
                Regions; and
                    ``(D) recommended enhancements to planning and cost 
                recovery rules.
    ``(e) Data Collection and Sharing; Assessment.--
            ``(1) In general.--All Transmission Planning Regions shall 
        share with the Office all operating data and planning 
        assumptions needed for the Director to carry out the duties 
        described in subsection (d).
            ``(2) Assessment.--The Commission shall collect such data 
        as are necessary to assess the operating data and planning 
        assumptions shared with the Office under paragraph (1).
            ``(3) Sharing.--The Commission shall share the data 
        described in paragraphs (1) and (2) with public interest 
        stakeholders, as requested, to assist the public interest 
        stakeholders in providing alternatives analyses, unless the 
        Commission determines that confidentiality is necessary to 
        protect confidential energy infrastructure information, 
        confidential business information, or confidential personnel 
        information.
    ``(f) Employment.--The Director may appoint, without regard to 
chapter 51, or subchapter III of chapter 53, of title 5, United States 
Code, any experts that the Director determines are necessary to carry 
out the functions of the Office under this section.
    ``(g) Savings Provision.--Nothing in this section overrides or 
inhibits the existing authority of the Commission.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
                                 <all>
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