I 

111TH CONGRESS 

2D SESSION H. R. 5515 

To amend the Federal Power Act to establish a regional transmission planning 

process, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2010 

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 ‘Electric Reliability Organiza11 tion’ has the meaning given such term in section 

12 215(a)(2). 

13 ‘‘(3) The term ‘designated region’ means a re14 gion designated under subsection (c)(1). 

15 ‘‘(4) The term ‘regional entity’ has the meaning 

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

17 ‘‘(5) The term ‘regional transmission plan’ 

18 means a comprehensive plan required under sub19 section (c)(3) for the development of the interstate 

20 electric transmission system in a designated region. 

21 ‘‘(6) The term ‘regional transmission planner’ 

22 means an entity approved under subsection (c)(2) to 

23 develop and maintain a regional transmission plan 

24 required under this section. 


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1 ‘‘(7) The term ‘regional transmission project’ 

2 means an overhead or underground transmission fa3 cility, consisting of conductors or cables, towers, 

4 manhole duct systems, phase shifting transformers, 

5 reactors, capacitors, substations, and any ancillary 

6 facilities and equipment necessary for the proper op7 eration of the facility— 

8 ‘‘(A) that— 

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

10 of— 

11 ‘‘(I) 230 kilovolts alternating 

12 current; or 

13 ‘‘(II) 300 kilovolts direct current; 

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

15 or superconducting cable that operates at 

16 or above a power equivalent to the power 

17 of a conventional transmission cable oper18 ating at or above 230 kilovolts alternating 

19 current or 300 kilovolts direct current; or 

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

21 ‘‘(B) that is included in a regional trans22 mission plan submitted to the Commission 

23 under subsection (c)(3). 

24 ‘‘(8) The term ‘renewable feeder line’ means a 

25 transmission line that— 


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

2 kilovolts; and 

3 ‘‘(B) is identified in a regional trans4 mission plan submitted to the Commission 

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

6 be developed to facilitate collection of electric 

7 energy produced by renewable energy. 

8 ‘‘(c) REGIONAL TRANSMISSION PLANS.— 

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

10 than 12 months after the date of enactment of this 

11 subsection, the Commission, in consultation with the 

12 Electric Reliability Organization, regional entities, 

13 Transmission Organizations, transmission owners, 

14 State regulatory authorities of the States compro15 mising the Eastern Interconnection, and State regu16 latory authorities of the States compromising the 

17 Western Interconnection, shall designate one or 

18 more regions within the Eastern Interconnection and 

19 one or more regions within the Western Interconnec20 tion, to be represented by regional transmission 

21 planners approved under paragraph (2). In deter22 mining the appropriate size and scope of a region, 

23 the Commission shall consider the optimal scope 

24 needed to ensure comprehensive regional trans25 mission planning and operational efficiency, the size 


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1 and scope of existing Regional Transmission Organi2 zations and operating bulk-power systems, and 

3 methods for interregional coordination agreements to 

4 ensure a sufficiently broad regional transmission 

5 planning process. 

6 ‘‘(2) REGIONAL TRANSMISSION PLANNERS.— 

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

8 person or entity, including a Regional Trans9 mission Organization or other regionally based 

10 planning entity with an established regional 

11 transmission planning process, as determined 

12 by the Commission, may submit an application 

13 to the Commission for approval as the regional 

14 transmission planner for a designated region. 

15 Not later than 18 months after the designation 

16 of a region under paragraph (1), the Commis17 sion shall approve one such regional trans18 mission planner for each such designated region 

19 to develop and maintain a regional transmission 

20 plan required under this section. 

21 ‘‘(B) CONSIDERATION.—In approving a re22 gional transmission planner under subpara23 graph (A), the Commission shall consider the 

24 existing or reasonably anticipated capabilities of 

25 any regionally based planning entity described 


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1 in such subparagraph in regional transmission 

2 planning. 

3 ‘‘(C) CONTENTS OF APPLICATION.—An ap4 plicant entity shall include in an application for 

5 approval as the regional transmission planner 

6 for a designated region the operating proce7 dures of such applicant entity and any method 

8 such applicant entity will use to adhere to the 

9 requirements for a regional transmission plan10 ning process described in paragraph (5). 

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

12 review the compliance of a regional trans13 mission planner approved under subparagraph 

14 (A) with the requirements of this section and 

15 any regulations thereunder. If the Commission 

16 finds such a regional transmission planner has 

17 failed or is failing to comply with such require18 ments or regulations, the Commission may re19 voke the approval of such regional transmission 

20 planner for a designated region and accept ap21 plications for a new regional transmission plan22 ner for such region to be approved in accord23 ance with this section. 

24 ‘‘(3) REGIONAL TRANSMISSION PLAN RE25 QUIRED.—Not later than 2 years after the approval 


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1 of a regional transmission planner under paragraph 

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

3 transmission planner shall submit to the Commission 

4 an initial or updated regional transmission plan that 

5 meets the requirements of this section. The Commis6 sion shall ensure that each such plan is the result 

7 of a planning process that adhered to the require8 ments for a regional transmission planning process 

9 described in paragraph (5). The Commission shall 

10 make all regional transmission plans submitted 

11 available to the public. 

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

13 A regional transmission plan required under this 

14 section shall, with respect to a designated region— 

15 ‘‘(A) be designed to— 

16 ‘‘(i) maintain and enhance the eco17 nomic, reliability, and energy security ben18 efits of the regional electric transmission 

19 system, including remediation of electric 

20 grid congestion; and 

21 ‘‘(ii) anticipate and facilitate develop22 ment of electric energy generation from di23 verse energy resources; and 

24 ‘‘(B) consider whether proposals to expand 

25 and upgrade high voltage electric transmission 


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1 in the designated region and across the bound2 aries of the designated region will minimize 

3 congestion and promote service reliability, mar4 ket integration and efficiency, economic devel5 opment, deployment of smart grid technologies, 

6 lowest cost delivered electric energy at whole7 sale, and the goals of applicable renewable port8 folio standards. 

9 ‘‘(5) REGIONAL TRANSMISSION PLANNING

10 PROCESS.—The Commission shall ensure each re11 gional transmission planning process conducted by a 

12 regional transmission planner is consistent with the 

13 purposes of this section. The Commission shall en14 sure any such planning process— 

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

16 and conforms with the planning standards of 

17 Commission Order No. 890 or any successor 

18 order; 

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

20 local and State policymakers, transmission facil21 ity owners and electric utilities, and market 

22 participants; 

23 ‘‘(C) is sufficiently broad in geographic 

24 and market scope to produce economic and 

25 operational efficiencies; 


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

2 timely construction or modification of regional 

3 transmission projects; and 

4 ‘‘(E) takes into account— 

5 ‘‘(i) all applicable laws and regula6 tions governing the procurement of electric 

7 energy generation; 

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

9 operation of the electric transmission sys10 tem or on the regional transmission plan of 

11 rejection or withdrawal of a proposed re12 gional transmission project; 

13 ‘‘(iii) the development of transmission 

14 facilities for which a completed application 

15 for authorization has been filed and ac16 cepted by a State regulatory authority or 

17 other applicable authority before the date 

18 of submission of a regional transmission 

19 plan under paragraph (3) but not origi20 nating from the planning process; 

21 ‘‘(iv) the availability of non-trans22 mission resources such as opportunities for 

23 energy efficiency, demand response, en24 hancements to economic dispatch, distrib25 uted generation, and installation of new 


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1 control, metering, or capacity enhancement 

2 technologies; and 

3 ‘‘(v) the development of the interstate 

4 electric transmission system in the des5 ignated region for the 10 years after sub6 mission of a regional transmission plan 

7 under paragraph (3). 

8 ‘‘(6) TRANSMITTING UTILITIES AND POWER

9 MARKETING ADMINISTRATIONS.—Federal power 

10 marketing administrations and transmitting utilities 

11 in a designated region shall integrate their trans12 mission plans with the regional transmission plans 

13 required by this section and shall otherwise partici14 pate in a regional transmission planning process by 

15 a regional transmission planner in accordance with 

16 this section. 

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

18 transmission planner for a designated region is ap19 proved under paragraph (2), or in the event that an 

20 approved regional transmission planner does not 

21 timely submit a regional transmission plan as re22 quired under paragraph (3), the Commission shall 

23 designate a planner or undertake the planning ac24 tivities described in this subsection for the des25 ignated region concerned and develop such a plan 


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1 for such designated region expeditiously, in consulta2 tion with State regulatory authorities, as applicable, 

3 for all affected States or areas, the Electric Reli4 ability Organization, regional entities, Transmission 

5 Organizations, and transmission owners within the 

6 region, as appropriate. 

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

8 months after the date of enactment of this para9 graph, the Commission shall, by rule, require that 

10 all regional high voltage electric transmission cost al11 location processes and methodologies adhere to a 

12 clear and consistent set of regulatory principles, in13 cluding, as appropriate, that the costs of siting and 

14 the construction or modification of transmission fa15 cilities shall be allocated consistent with the range 

16 and distribution of benefits within the designated re17 gion that are provided by such facilities, the use of 

18 the transmission system, or with other equitable and 

19 economic considerations. In issuing a rule under this 

20 paragraph, the Commission shall consider regional 

21 cost allocation processes and methodologies being de22 veloped or in existence as of the date of enactment 

23 of this paragraph. 

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

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1 ordinate planning across regional boundaries within 

2 an Interconnection in order to achieve the purposes 

3 of this section. 

4 ‘‘(d) CERTIFICATE OF PUBLIC CONVENIENCE AND

5 NECESSITY.— 

6 ‘‘(1) PROPOSED FINDING OF PUBLIC CONVEN7 IENCE AND NECESSITY BY REGIONAL TRANSMISSION

8 PLANNER.— 

9 ‘‘(A) INCLUSION OF PROPOSED FINDING IN

10 REGIONAL TRANSMISSION PLAN.—As part of a 

11 regional transmission plan submitted to the 

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

13 transmission planner may identify a regional 

14 transmission project or projects that such re15 gional transmission planner finds, based on the 

16 record of the regional transmission planning 

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

18 public convenience and necessity. 

19 ‘‘(B) PUBLIC CONVENIENCE AND NECES20 SITY CERTIFICATE REQUEST.—A regional 

21 transmission planner may submit to the Com22 mission a request to issue a certificate of public 

23 convenience and necessity for a regional trans24 mission project identified in a regional trans25 mission plan submitted under subsection (c)(3). 


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1 Such request shall include a summary of the 

2 record developed for such project during the re3 gional transmission planning process. The re4 quest shall be based on whether such regional 

5 transmission project is or will be— 

6 ‘‘(i) necessary to ensure regional com7 pliance with reliability standards or remedy 

8 violations of such reliability standards; 

9 ‘‘(ii) necessary to provide significant 

10 relief from electric transmission congestion 

11 as measured by objective criteria, including 

12 consideration of the total cost of conges13 tion, hours of congestion, and the lack of 

14 feasible economic alternative means to re15 lieve congestion; 

16 ‘‘(iii) important to the diversification 

17 of energy supply throughout the designated 

18 region, including by meeting the goals of 

19 applicable renewable portfolio standards; or 

20 ‘‘(iv) important to the development of 

21 smart grid technology that is consistent 

22 with the policy under title XIII of the En23 ergy Independence and Security Act of 

24 2007 (15 U.S.C. 17381 et seq.). 


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1 ‘‘(2) ISSUANCE OF CERTIFICATE OF PUBLIC

2 CONVENIENCE AND NECESSITY.—The Commission 

3 may, after notice and opportunity for hearing, find 

4 that a regional transmission project is in the public 

5 convenience and necessity and issue a certificate of 

6 public convenience and necessity for the ownership 

7 and operation of such regional transmission project 

8 and the provision of any related services under the 

9 jurisdiction of the Commission if the Commission 

10 finds that— 

11 ‘‘(A) a regional transmission planner in12 cluded a proposed finding of public convenience 

13 and necessity for such proposed regional trans14 mission project in one or more relevant regional 

15 transmission plans submitted to the Commis16 sion under subsection (c)(3); 

17 ‘‘(B) a regional transmission planner sub18 mitted a request for the issuance of such a cer19 tificate; 

20 ‘‘(C) the proposed regional transmission 

21 project will be used for the transmission of elec22 tric energy in interstate commerce; 

23 ‘‘(D) the proposed regional transmission 

24 project is consistent with the public interest in 

25 terms of its engineering, reliability, and other 


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1 economic characteristics and the purposes of 

2 this section; and 

3 ‘‘(E) the proposed regional transmission 

4 project will maximize, to the extent reasonable 

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

6 transmission capabilities of existing towers and 

7 structures. 

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

9 of public convenience and necessity under this sub10 section, the Commission shall give substantial def11 erence to any proposed finding of public convenience 

12 and necessity by a regional transmission planner in 

13 a regional transmission plan submitted under sub14 section (c)(3). 

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

16 may treat multiple proposed regional transmission 

17 projects in any regional transmission plan as sepa18 rate for purposes of determining whether a certifi19 cate of public convenience and necessity should be 

20 issued under this subsection. 

21 ‘‘(5) CERTIFICATE APPLICATIONS.—The Com22 mission shall issue rules specifying— 

23 ‘‘(A) the form of the application for a cer24 tificate of public convenience and necessity 

25 under this subsection; and 


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

2 such application. 

3 ‘‘(6) ENVIRONMENTAL REVIEW.— 

4 ‘‘(A) PROPOSED FINDING BY REGIONAL

5 TRANSMISSION PLANNER.—A proposed finding 

6 by a regional transmission planner of public 

7 convenience and necessity regarding a regional 

8 transmission project is excluded from review 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.), provided an en11 vironmental assessment or environmental im12 pact statement is required to be prepared by 

13 the Commission under such Act. 

14 ‘‘(B) CONSIDERATION BY COMMISSION.— 

15 The Commission may consider, wholly or in 

16 part, any draft environmental analysis con17 ducted by a regional transmission planner or 

18 relevant transmission provider and issued by 

19 the regional transmission planner. 

20 ‘‘(e) SITING AUTHORITY.— 

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

22 State shall retain exclusive authority over the siting 

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

24 regional transmission project for which a certificate 


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1 of public convenience and necessity has been issued 

2 under subsection (d)(2). 

3 ‘‘(2) FEDERAL SITING AUTHORITY.—The Com4 mission may, after notice and an opportunity for 

5 hearing, issue one or more permits for the construc6 tion or modification of electric transmission facilities 

7 if the Commission finds that— 

8 ‘‘(A) the transmission facility was identi9 fied as part or all of a regional transmission 

10 project for which a certificate of public conven11 ience and necessity has been issued under sub12 section (d)(2); and 

13 ‘‘(B) the— 

14 ‘‘(i) State in which the transmission 

15 facility is to be sited does not have author16 ity to— 

17 ‘‘(I) approve the siting of the fa18 cility; or 

19 ‘‘(II) consider the interstate ben20 efits expected to be achieved by the 

21 proposed siting of the transmission fa22 cility in the State; 

23 ‘‘(ii) applicant for a permit is a trans24 mitting utility but does not qualify to 

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1 mission facility in a State because the ap2 plicant does not serve end-use customers in 

3 the State; or 

4 ‘‘(iii) State commission or other entity 

5 that has authority to approve the siting of 

6 the transmission facility— 

7 ‘‘(I) did not issue a decision on 

8 an application seeking approval for 

9 the siting of the facility within 1 year 

10 after the date the applicant submitted 

11 a completed application to the State 

12 commission or other authority; 

13 ‘‘(II) denied a complete applica14 tion seeking approval for the siting of 

15 the transmission facility; or 

16 ‘‘(III) authorized the siting of the 

17 facility subject to conditions that un18 reasonably interfere with the siting of 

19 the transmission facility.’’. 

20 (5) In subsection (f), as redesignated by para21 graph (3), by striking ‘‘subsection (b)’’ and inserting 

22 ‘‘subsection (e)’’. 

23 (6) In subsection (g), as resdesignated by para24 graph (3), by striking ‘‘subsection (b)’’ and inserting 

25 ‘‘subsection (e)’’. 


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1 (7) In subsection (h), as redesignated by para2 graph (3), by striking ‘‘subsection (e)’’ and inserting 

3 ‘‘subsection (g)’’. 

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

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

6 inserting ‘‘Subsection (j)(6)’’. 

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

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

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

10 States located in the Western Interconnection and States 

11 located in the Eastern Interconnection and does not apply 

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

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

Æ 


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