I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Powering America for 

5 Tomorrow Act’’. 

6 SEC. 2. AMENDMENT OF THE FEDERAL POWER ACT. 

7 Section 216 of the Federal Power Act (16 U.S.C. 

8 824p) is amended as follows: 


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1 (1) By amending the section heading to read as 

2 follows: ‘‘REGIONAL TRANSMISSION PLANS FOR

3 THE INTERSTATE TRANSMISSION SYSTEM’’. 

4 (2) By striking subsection (i) and redesignating 

5 subsections (j) and (k) as subsections (k) and (l), re6 spectively. 

7 (3) By redesignating subsections (d) through 

8 (h) as subsections (f) through (j), respectively. 

9 (4) By striking subsections (a), (b), and (c) and 

10 inserting the following: 

11 ‘‘(a) PURPOSES.—The purposes of this section are as 

12 follows: 

13 ‘‘(1) To ensure electric reliability, fuel diversity, 

14 and wholesale power price stability across the elec15 tric transmission grid. 

16 ‘‘(2) To reinforce, strengthen, and enhance elec17 tric transmission infrastructure as an integrated net18 work system. 

19 ‘‘(3) To facilitate the development of clean en20 ergy resources that cannot be located near an exist21 ing transmission facility or load center. 

22 ‘‘(4) To assist States and electric energy service 

23 providers in meeting the requirements of applicable 

24 renewable portfolio standards. 


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1 ‘‘(5) To take maximum advantage of smart grid 

2 technologies to promote electric grid improvements, 

3 energy efficiency, and demand response. 

4 ‘‘(6) To coordinate regional planning and local 

5 siting of interstate high-voltage electric transmission 

6 systems. 

7 ‘‘(b) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘bulk-power system’ has the 

9 meaning given such term in section 215(a)(1). 

10 ‘‘(2) The term ‘designated region’ means a re11 gion designated under subsection (c)(1). 

12 ‘‘(3) The term ‘Electric Reliability Organiza13 tion’ has the meaning given such term in section 

14 215(a)(2). 

15 ‘‘(4) The term ‘Interconnection’ has the mean16 ing given such term in section 215(a)(5). 

17 ‘‘(5) The term ‘regional entity’ has the meaning 

18 given such term in section 215(a)(7). 

19 ‘‘(6) The term ‘regional transmission plan’ 

20 means a comprehensive plan required under sub21 section (c)(3) for the development of the interstate 

22 electric transmission system in a designated region. 

23 ‘‘(7) The term ‘regional transmission planner’ 

24 means a person or entity approved under subsection 


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1 (c)(2) to develop and maintain a regional trans2 mission plan required under this section. 

3 ‘‘(8) The term ‘regional transmission project’ 

4 means an overhead or underground transmission fa5 cility, consisting of conductors or cables, towers, 

6 manhole duct systems, phase shifting transformers, 

7 reactors, capacitors, substations, and any ancillary 

8 facilities and equipment necessary for the proper op9 eration of the facility— 

10 ‘‘(A) that— 

11 ‘‘(i) operates at or above a voltage 

12 of— 

13 ‘‘(I) 230 kilovolts alternating 

14 current; or 

15 ‘‘(II) 300 kilovolts direct current; 

16 ‘‘(ii) is a very high current conductor 

17 or superconducting cable that operates at 

18 or above a power equivalent to the power 

19 of a conventional transmission cable oper20 ating at or above 230 kilovolts alternating 

21 current or 300 kilovolts direct current; or 

22 ‘‘(iii) is a renewable feeder line; and 

23 ‘‘(B) that is included in a regional trans24 mission plan submitted to the Commission 

25 under subsection (c)(3). 


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1 ‘‘(9) The term ‘renewable feeder line’ means a 

2 transmission line that— 

3 ‘‘(A) operates at or above a voltage of 100 

4 kilovolts; and 

5 ‘‘(B) is identified in a regional trans6 mission plan submitted to the Commission 

7 under subsection (c)(3) as a facility that is to 

8 be developed to facilitate collection of electric 

9 energy produced by renewable energy. 

10 ‘‘(c) REGIONAL TRANSMISSION PLANS.— 

11 ‘‘(1) DESIGNATION OF REGIONS.—Not later 

12 than 12 months after the date of enactment of this 

13 subsection, the Commission, in consultation with the 

14 Electric Reliability Organization, regional entities, 

15 Transmission Organizations, transmission owners, 

16 State regulatory authorities of the States comprising 

17 the Eastern Interconnection, and State regulatory 

18 authorities of the States comprising the Western 

19 Interconnection, shall designate one or more regions 

20 within the Eastern Interconnection and one or more 

21 regions within the Western Interconnection, to be 

22 represented by regional transmission planners ap23 proved under paragraph (2). In determining the ap24 propriate size and scope of a region, the Commission 

25 shall consider the optimal scope needed to ensure 


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1 comprehensive regional transmission planning and 

2 operational efficiency, the size and scope of existing 

3 Regional Transmission Organizations and operating 

4 bulk-power systems, and methods for interregional 

5 coordination agreements to ensure a sufficiently 

6 broad regional transmission planning process. 

7 ‘‘(2) REGIONAL TRANSMISSION PLANNERS.— 

8 ‘‘(A) APPLICATION AND APPROVAL.—Any 

9 person or entity, including a Regional Trans10 mission Organization or other regionally based 

11 planning entity with an established regional 

12 transmission planning process, as determined 

13 by the Commission, may submit an application 

14 to the Commission for approval as the regional 

15 transmission planner for a designated region. 

16 Not later than 18 months after the designation 

17 of a region under paragraph (1), the Commis18 sion shall approve one such regional trans19 mission planner for each such designated region 

20 to develop and maintain a regional transmission 

21 plan required under this section. 

22 ‘‘(B) CONSIDERATION.—In approving a re23 gional transmission planner under subpara24 graph (A), the Commission shall consider the 

25 existing or reasonably anticipated capabilities of 


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1 any regionally based planning entity described 

2 in such subparagraph in regional transmission 

3 planning. 

4 ‘‘(C) CONTENTS OF APPLICATION.—An ap5 plicant entity shall include in an application for 

6 approval as the regional transmission planner 

7 for a designated region the operating proce8 dures of such applicant entity and any method 

9 such applicant entity will use to adhere to the 

10 requirements for a regional transmission plan11 ning process described in paragraph (5). 

12 ‘‘(D) COMPLIANCE.—The Commission may 

13 review the compliance of a regional trans14 mission planner approved under subparagraph 

15 (A) with the requirements of this section and 

16 any regulations thereunder. If the Commission 

17 finds such a regional transmission planner has 

18 failed or is failing to comply with such require19 ments or regulations, the Commission may re20 voke the approval of such regional transmission 

21 planner for a designated region and accept ap22 plications for a new regional transmission plan23 ner for such region to be approved in accord24 ance with this section. 


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1 ‘‘(3) REGIONAL TRANSMISSION PLAN RE2 QUIRED.—Not later than 2 years after the approval 

3 of a regional transmission planner under paragraph 

4 (2), and every 2 years thereafter, such regional 

5 transmission planner shall submit to the Commission 

6 an initial or updated regional transmission plan that 

7 meets the requirements of this section. The Commis8 sion shall ensure that each such plan is the result 

9 of a planning process that adhered to the require10 ments for a regional transmission planning process 

11 described in paragraph (5). The Commission shall 

12 make all regional transmission plans submitted 

13 available to the public. 

14 ‘‘(4) REGIONAL TRANSMISSION PLAN DESIGN.— 

15 A regional transmission plan required under this 

16 section shall, with respect to a designated region— 

17 ‘‘(A) be designed to— 

18 ‘‘(i) maintain and enhance the eco19 nomic, reliability, and energy security ben20 efits of the regional electric transmission 

21 system, including remediation of electric 

22 grid congestion; and 

23 ‘‘(ii) anticipate and facilitate develop24 ment of electric energy generation from di25 verse energy resources; and 


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1 ‘‘(B) consider whether proposals to expand 

2 and upgrade high voltage electric transmission 

3 in the designated region and across the bound4 aries of the designated region will minimize 

5 congestion and promote service reliability, mar6 ket integration and efficiency, economic devel7 opment, deployment of smart grid technologies, 

8 lowest cost delivered electric energy at whole9 sale, and the goals of applicable renewable port10 folio standards. 

11 ‘‘(5) REGIONAL TRANSMISSION PLANNING

12 PROCESS.—The Commission shall ensure each re13 gional transmission planning process conducted by a 

14 regional transmission planner is consistent with the 

15 purposes of this section. The Commission shall en16 sure any such planning process— 

17 ‘‘(A) is non-discriminatory, independent, 

18 and conforms with the planning standards of 

19 Commission Order No. 890 or any successor 

20 order; 

21 ‘‘(B) solicits and considers the input of 

22 local and State policymakers, transmission facil23 ity owners and electric utilities, and market 

24 participants; 


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1 ‘‘(C) is sufficiently broad in geographic 

2 and market scope to produce economic and 

3 operational efficiencies; 

4 ‘‘(D) is designed to meet the need for the 

5 timely construction or modification of regional 

6 transmission projects; and 

7 ‘‘(E) takes into account— 

8 ‘‘(i) all applicable laws and regula9 tions governing the procurement of electric 

10 energy generation; 

11 ‘‘(ii) the potential effect on the future 

12 operation of the electric transmission sys13 tem or on the regional transmission plan of 

14 rejection or withdrawal of a proposed re15 gional transmission project; 

16 ‘‘(iii) the development of transmission 

17 facilities for which a completed application 

18 for authorization has been filed and ac19 cepted by a State regulatory authority or 

20 other applicable authority before the date 

21 of submission of a regional transmission 

22 plan under paragraph (3) but not origi23 nating from the planning process; 

24 ‘‘(iv) the availability of non-trans25 mission resources such as opportunities for 


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1 energy efficiency, demand response, en2 hancements to economic dispatch, distrib3 uted generation, and installation of new 

4 control, metering, or capacity enhancement 

5 technologies; and 

6 ‘‘(v) the development of the interstate 

7 electric transmission system in the des8 ignated region for the 10 years after sub9 mission of a regional transmission plan 

10 under paragraph (3). 

11 ‘‘(6) TRANSMITTING UTILITIES AND POWER

12 MARKETING ADMINISTRATIONS.—Federal power 

13 marketing administrations and transmitting utilities 

14 in a designated region shall integrate their trans15 mission plans with the regional transmission plans 

16 required by this section and shall otherwise partici17 pate in a regional transmission planning process by 

18 a regional transmission planner in accordance with 

19 this section. 

20 ‘‘(7) COMMISSION ACTIVITIES.—If no regional 

21 transmission planner for a designated region is ap22 proved under paragraph (2), or in the event that an 

23 approved regional transmission planner does not 

24 timely submit a regional transmission plan as re25 quired under paragraph (3), the Commission shall 


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1 designate a planner or undertake the planning ac2 tivities described in this subsection for the des3 ignated region concerned and develop such a plan 

4 for such designated region expeditiously, in consulta5 tion with State regulatory authorities, as applicable, 

6 for all affected States or areas, the Electric Reli7 ability Organization, regional entities, Transmission 

8 Organizations, and transmission owners within the 

9 region, as appropriate. 

10 ‘‘(8) COST ALLOCATION.—Not later than 18 

11 months after the date of enactment of this para12 graph, the Commission shall, by rule, require that 

13 all regional high voltage electric transmission cost al14 location processes and methodologies adhere to a 

15 clear and consistent set of regulatory principles, in16 cluding, as appropriate, that the costs of siting and 

17 the construction or modification of transmission fa18 cilities shall be allocated consistent with the range 

19 and distribution of benefits within the designated re20 gion that are provided by such facilities, the use of 

21 the transmission system, or with other equitable and 

22 economic considerations. In issuing a rule under this 

23 paragraph, the Commission shall consider regional 

24 cost allocation processes and methodologies being deVerDate Mar 15 2010 00:22 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762

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1 veloped or in existence as of the date of enactment 

2 of this paragraph. 

3 ‘‘(9) PLAN COORDINATION.—The Commission 

4 shall require regional transmission planners to co5 ordinate planning across regional boundaries within 

6 an Interconnection in order to achieve the purposes 

7 of this section. 

8 ‘‘(d) CERTIFICATE OF PUBLIC CONVENIENCE AND

9 NECESSITY.— 

10 ‘‘(1) PROPOSED FINDING OF PUBLIC CONVEN11 IENCE AND NECESSITY BY REGIONAL TRANSMISSION

12 PLANNER.— 

13 ‘‘(A) INCLUSION OF PROPOSED FINDING IN

14 REGIONAL TRANSMISSION PLAN.—As part of a 

15 regional transmission plan submitted to the 

16 Commission under subsection (c)(3), a regional 

17 transmission planner may identify a regional 

18 transmission project or projects that such re19 gional transmission planner finds, based on the 

20 record of the regional transmission planning 

21 process, is required by, and consistent with, the 

22 public convenience and necessity. 

23 ‘‘(B) PUBLIC CONVENIENCE AND NECES24 SITY CERTIFICATE REQUEST.—A regional 

25 transmission planner may submit to the ComVerDate Mar 15 2010 00:22 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762

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1 mission a request to issue a certificate of public 

2 convenience and necessity for a regional trans3 mission project identified in a regional trans4 mission plan submitted under subsection (c)(3). 

5 Such request shall include a summary of the 

6 record developed for such project during the re7 gional transmission planning process. The re8 quest shall be based on whether such regional 

9 transmission project is or will be— 

10 ‘‘(i) necessary to ensure regional com11 pliance with reliability standards or remedy 

12 violations of such reliability standards; 

13 ‘‘(ii) necessary to provide significant 

14 relief from electric transmission congestion 

15 as measured by objective criteria, including 

16 consideration of the total cost of conges17 tion, hours of congestion, and the lack of 

18 feasible economic alternative means to re19 lieve congestion; 

20 ‘‘(iii) important to the diversification 

21 of energy supply throughout the designated 

22 region, including by meeting the goals of 

23 applicable renewable portfolio standards; or 

24 ‘‘(iv) important to the development of 

25 smart grid technology that is consistent 


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1 with the policy under title XIII of the En2 ergy Independence and Security Act of 

3 2007 (42 U.S.C. 17381 et seq.). 

4 ‘‘(2) ISSUANCE OF CERTIFICATE OF PUBLIC

5 CONVENIENCE AND NECESSITY.—The Commission 

6 may, after notice and opportunity for hearing, find 

7 that a regional transmission project is in the public 

8 convenience and necessity and issue a certificate of 

9 public convenience and necessity for the ownership 

10 and operation of such regional transmission project 

11 and the provision of any related services under the 

12 jurisdiction of the Commission if the Commission 

13 finds that— 

14 ‘‘(A) a regional transmission planner in15 cluded a proposed finding of public convenience 

16 and necessity for such proposed regional trans17 mission project in one or more relevant regional 

18 transmission plans submitted to the Commis19 sion under subsection (c)(3); 

20 ‘‘(B) a regional transmission planner sub21 mitted a request for the issuance of such a cer22 tificate; 

23 ‘‘(C) the proposed regional transmission 

24 project will be used for the transmission of elec25 tric energy in interstate commerce; 


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1 ‘‘(D) the proposed regional transmission 

2 project is consistent with the public interest in 

3 terms of its engineering, reliability, and other 

4 economic characteristics and the purposes of 

5 this section; and 

6 ‘‘(E) the proposed regional transmission 

7 project will maximize, to the extent reasonable 

8 and economical, existing rights-of-way and the 

9 transmission capabilities of existing towers and 

10 structures. 

11 ‘‘(3) CONSIDERATIONS.—In issuing a certificate 

12 of public convenience and necessity under this sub13 section, the Commission shall give substantial def14 erence to any proposed finding of public convenience 

15 and necessity by a regional transmission planner in 

16 a regional transmission plan submitted under sub17 section (c)(3). 

18 ‘‘(4) MULTIPLE PROJECTS.—The Commission 

19 may treat multiple proposed regional transmission 

20 projects in any regional transmission plan as sepa21 rate for purposes of determining whether a certifi22 cate of public convenience and necessity should be 

23 issued under this subsection. 

24 ‘‘(5) CERTIFICATE APPLICATIONS.—The Com25 mission shall issue rules specifying— 


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1 ‘‘(A) the form of the application for a cer2 tificate of public convenience and necessity 

3 under this subsection; and 

4 ‘‘(B) the information to be contained in 

5 such application. 

6 ‘‘(6) ENVIRONMENTAL REVIEW.— 

7 ‘‘(A) PROPOSED FINDING BY REGIONAL

8 TRANSMISSION PLANNER.—A proposed finding 

9 by a regional transmission planner of public 

10 convenience and necessity regarding a regional 

11 transmission project is excluded from review 

12 under the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.), provided an en14 vironmental assessment or environmental im15 pact statement is required to be prepared by 

16 the Commission under such Act. 

17 ‘‘(B) CONSIDERATION BY COMMISSION.— 

18 In determining whether a certificate of public 

19 convenience and necessity should be issued 

20 under this subsection, the Commission may con21 sider, wholly or in part, any draft environ22 mental analysis conducted by a regional trans23 mission planner or relevant transmission pro24 vider and issued by the regional transmission 

25 planner. 


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1 ‘‘(e) SITING AUTHORITY.— 

2 ‘‘(1) EXCLUSIVE STATE SITING AUTHORITY.—A 

3 State shall retain exclusive authority over the siting 

4 of any transmission facility that is not a part of a 

5 regional transmission project for which a certificate 

6 of public convenience and necessity has been issued 

7 under subsection (d)(2). 

8 ‘‘(2) FEDERAL SITING AUTHORITY.—The Com9 mission may, after notice and an opportunity for 

10 hearing, issue one or more permits for the construc11 tion or modification of a transmission facility if the 

12 Commission finds that— 

13 ‘‘(A) the transmission facility was identi14 fied as part or all of a regional transmission 

15 project for which a certificate of public conven16 ience and necessity has been issued under sub17 section (d)(2); 

18 ‘‘(B) at least one State in the designated 

19 region for which such regional transmission 

20 project is identified has approved the siting of 

21 such transmission facility; and 

22 ‘‘(C)(i) a State in which such transmission 

23 facility is to be sited does not have authority 

24 to— 


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1 ‘‘(I) approve the siting of the facility; 

2 or 

3 ‘‘(II) consider the interstate benefits 

4 expected to be achieved by the proposed 

5 siting of the transmission facility in the 

6 State; 

7 ‘‘(ii) the applicant for a permit is a trans8 mitting utility but does not qualify to apply for 

9 a permit for such transmission facility in a 

10 State in which such transmission facility is to 

11 be sited because the applicant does not serve 

12 end-use customers in the State; or 

13 ‘‘(iii) a State commission or other entity 

14 that has authority to approve the siting of such 

15 transmission facility— 

16 ‘‘(I) did not issue a decision on an ap17 plication seeking approval for the siting of 

18 the facility within 1 year after the date on 

19 which the applicant submitted a completed 

20 application to the State commission or 

21 other authority; 

22 ‘‘(II) denied a complete application 

23 seeking approval for the siting of the 

24 transmission facility without proposing an 

25 alternate site; or 


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1 ‘‘(III) authorized the siting of the fa2 cility subject to conditions that unreason3 ably interfere with the siting of the trans4 mission facility.’’. 

5 (5) In subsection (f), as redesignated by para6 graph (3), by striking ‘‘subsection (b)’’ and inserting 

7 ‘‘subsection (e)’’. 

8 (6) In subsection (g), as redesignated by para9 graph (3), by striking ‘‘subsection (b)’’ and inserting 

10 ‘‘subsection (e)’’. 

11 (7) In subsection (h), as redesignated by para12 graph (3), by striking ‘‘subsection (e)’’ and inserting 

13 ‘‘subsection (g)’’. 

14 (8) In subsection (k)(2), as redesignated by 

15 paragraph (2), by striking ‘‘Subsection (h)(6)’’ and 

16 inserting ‘‘Subsection (j)(6)’’. 

17 (9) By amending subsection (l), as redesignated 

18 by paragraph (2), to read as follows: 

19 ‘‘(l) APPLICABILITY.—This section applies only to 

20 States located in the Western Interconnection and States 

21 located in the Eastern Interconnection and does not apply 

22 to the States of Alaska or Hawaii, or to areas under the 

23 authority of the Electric Reliability Council of Texas.’’. 

Æ 


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